Nice people thread part 4 - sugar and spice and all things

lostinrates

JonnyBravo wrote: »

Very wise. I'd go there for research purposes, so long as I had an armed guard.
I'm being a little unfair, my dad's business was there.... but jeez it's grim.
Oh yeah, Redditch that is.... not Farmfoods. But yeah I've never been there either. The adverts put me off.

Never been to Redditch, never been to a Farmfoods, never seen an advert. Have read about them her but don't know what they are about at all.

edit: googled, y nearest one is over twenty miles away and it appears to be something like Iceland?

chewmylegoff

Nearest farmfoods is a 1,750 mile round trip for me.

lostinrates

Indicators your partner is stressed part one:

He signs up to receive messages from the universe daily.

If he reads The Secret what the hell do I do?

sss555s

Doozergirl wrote: »

And a four pack of Pepsi for £1, non? Or was that somewhere else. U've never been in a farmfoods, I don't know where there is one. Redditch maybe, but I don't go there either.

Check their website for their nearest store if your interested.

Farmfoods isn't upmarket (bit like Aldi, Lidl and Iceland) and I hadn't been until about a year ago, though they have always been there.

It doesn't have everything and there are things you'd not want to buy but it does have a lot of the brands at great prices.

I'd honestly say you can save between 30-50% over Tesco price.

The rest I usually get in Tesco.


On another note, the wind is really starting to get up now and it feels like my house is going to blow away :eek:

lemonjelly

michaels wrote: »

Hypothetical question which I don't suppose any of the nice people will have the knowledge to answer but I thought I would put it out there:

Imagine a 72 year old widow from Jamaica was visiting England on a 6 month visa to visit her two daughters who live here (she had right to abode late 60s/early 70s when she had her family but she and her husband returned to JA in the 70s after he met in an industrial accident). Suppose her daughters felt that actually she now needed some help to live as she lives alone in JA with no family that close by (she has siblings in JA and other more distant relatives plus children in Antigua and Canada). She is a home owner in JA and derives about half her income from renting some rooms in her house with the rest coming from a small UK widows pension and remittances from her daughters.

Would she have a good chance of getting her indefinite leave to remain? Would an application made in the Uk be looked on more favourably as she would not be living independently abroad at the time of application? This would mean she ended up staying in the UK beyonfd the end of her current visa but the UKBA website seems to suggest that her current visa is automatically extended whilst any application is in place, is this correct? If she were rejected would this impact her ability to get a visitors visa in future? Immigration lawyers seem to charge about £1600 on top of the £1800 application fee for submitting the application, is this worth it or is a self completed application likely to be just as effective?

If she has applied for a change in status, she will not be classed as an overstayer pending the outcome of that change in status.
TBH as long as she has behaved whilst here (no criminal convictions) then I'd expect, if her application has merit, that her leave to remain would be granted.
In theory, if rejected, it shouldn't affect future applications unless there was misleading info or similar on the original application.

That said, you're effectively asking what outcome the HO will come up with, which no-one will ever be able to foretell!:)

neverdespairgirl

michaels wrote: »

Hypothetical question which I don't suppose any of the nice people will have the knowledge to answer but I thought I would put it out there:

See above. I do immigration (-: Of course, I can't and won't give legal advice directly to the publi. So this is just random musings.

michaels wrote: »

Imagine a 72 year old widow from Jamaica was visiting England on a 6 month visa to visit her two daughters who live here (she had right to abode late 60s/early 70s when she had her family but she and her husband returned to JA in the 70s after he met in an industrial accident). Suppose her daughters felt that actually she now needed some help to live as she lives alone in JA with no family that close by (she has siblings in JA and other more distant relatives plus children in Antigua and Canada). She is a home owner in JA and derives about half her income from renting some rooms in her house with the rest coming from a small UK widows pension and remittances from her daughters.

First question - might she still have the right to abode (RTA)? That's the starting point. If she does (and it would be worth investigating her immigration history to make sure) then that would be by far the easiest way to do it.

Assuming that she doesn't have RTA, the next step is to consider the relevant passage in the Immigration Rules HC 395 (as amended). But I fear she might struggle.

The relevant rule is 317:

Requirements for indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom

317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:
(i) is related to a person present and settled in the United Kingdom in one of the following ways:

(a) parent or grandparent who is divorced, widowed, single or separated aged 65 years or over; or

[I've deleted (b) onwards as they don't apply and she clearly qualifies under 317 (i) (a).

(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and


[that bit sounds fine, assuming her daughters are lawfully resident in the UK]


(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and


[this is going to be the tricky bit. It sounds as if she's not wholly or mainly dependent on the daughters in the UK, as over half her income comes from property in Jamaica, and some of the rest from her pension in the UK]


(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and


[no idea if she meets this test or not]



(v) has no other close relatives in his own country to whom he could turn for financial support; and


[she needs to prove this]


(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity; and


[means you can't turn up at the airport without prior entry clearance]

(vii) does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.


[I assume she's not a crook]

michaels wrote: »

Would she have a good chance of getting her indefinite leave to remain? Would an application made in the Uk be looked on more favourably as she would not be living independently abroad at the time of application? This would mean she ended up staying in the UK beyonfd the end of her current visa but the UKBA website seems to suggest that her current visa is automatically extended whilst any application is in place, is this correct? If she were rejected would this impact her ability to get a visitors visa in future? Immigration lawyers seem to charge about £1600 on top of the £1800 application fee for submitting the application, is this worth it or is a self completed application likely to be just as effective?

If you make an application for leave to remain during the currency of leave, then you are still lawfully present in the UK until that application, including any appeal, is decided. That's known as 3(c) leave, because it comes from the Immigration ACt 1971 s.3(c).

But no, it's actually less likely to succeed if she's in the UK, not more likely. Because living independantly is not one of the criteria, as she's over 65. It would be if she were younger than that age.

There is also the "no-switching" rule. The general principle is that one cannto switch from a visitor's visa to another catagory in-country. Therefore she'd have to show that not only does she meet the criteria, but that there are particularly good reasons to believe that she couldn't reasonably return to Jamaica to make an application there.

I can't remember off the top of my head is this is a no-switching catagory or not.

Even if it isn't, the UKBA are going to raise credibility issues based on the fact that she came as a visitor and then made this application.

Whether or not she makes such an application here or in Jamaica, she needs to be aware that if she doesn't get it, she's very, very likely to be refused a further visitor's visa on the grounds that she doesn't intend to leave the UK at the end of her visit. That's not a matter of law, but my experience, that they will refuse.

As it's a family visit visa, she would have a right of appeal to the Tribunal, though. But that's a factor to take into account.

Generali

chewmylegoff wrote: »

Nearest farmfoods is a 1,750 mile round trip for me.

20,000 or thereabouts for me.

BTW, for those envying me the Sydney summer, don't bother. It's rained every day for 2 weeks just about and it'll rain every day for the next week too. So far it's the coldest start to summer for 50 years.

tomterm8

Generali wrote: »

20,000 or thereabouts for me.

BTW, for those envying me the Sydney summer, don't bother. It's rained every day for 2 weeks just about and it'll rain every day for the next week too. So far it's the coldest start to summer for 50 years.

Could be worse, though, according to yahoo news, as I type this, I'm told they are closing schools down in parts of scotland, due to the 100 miles an hour gusts.

It is windy out there, even in the soft south



On a cheery front, I think the virus may have cured itself. :T One of the things about being paranoid about virus checking is when you get a virus it tends to be very, very recent. The antivirus tools weren't touching it, until I updated them today and they have found the nasty files.

Still going to keep the question open on MalWareBytes, though, because I need to make sure the system is not still infected.

lostinrates

tomterm8 wrote: »

.

It is windy out there, even in the soft south
.

It was bound to be....it is this week we chose to put our stuff in a barn protected by a sheet of polythene :rotfl:. A dmaged antique single bed head I've been relunctant to get rid of got caught in the deluge. We won't have any single rooms, but I was planning on putting it as an extra in a double roo so it could be used as a sofa or for people with kids but I might have to resign myself to the fact it really ill be past it now.

sss555s

Generali wrote: »

20,000 or thereabouts for me.

BTW, for those envying me the Sydney summer, don't bother. It's rained every day for 2 weeks just about and it'll rain every day for the next week too. So far it's the coldest start to summer for 50 years.

Feels like most of us are roller-coasting through dark clouds at the moment...