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Forum: Australia May 23rd 2013, 9:30 pm
Replies: 13
Views: 233
Posted By JAJ
Re: Secondment, resident for tax purposes and CGT

Your husband's company should be paying for you to get appropriate tax advice in both Australia and Canada.

Note that even if you remain Australia tax resident, you will probably also become tax...
Forum: Australia May 23rd 2013, 5:52 pm
Replies: 3
Views: 232
Posted By JAJ
Re: Help!! Advice needed on pregancy and 457 visa

Child will automatically have your visa (Section 78 - Migration Act).

As long as one of you is British otherwise than by descent, child will be British by descent. If that's the case, apply for the...
Forum: Australia / Immigration, Visas & Citizenship May 23rd 2013, 1:50 pm
Replies: 2
Views: 173
Posted By JAJ
Re: Cant understand Resident Return Visa at all???

Most people don't understand the RRV. Especially if they are trying to work out how much time they can spend outside Australia.

It's one of the reasons why so many people lose their resident...
Forum: USA May 23rd 2013, 12:56 pm
Replies: 31
Views: 965
Posted By JAJ
Re: Travellng from UK TO USA 36 weeks pregnant

On top of everything else, the risk of the child arriving in-flight with lack of medical facilities if anything goes wrong. Even if the delivery works out, the child then could face a legal mess of...
Forum: USA May 23rd 2013, 12:53 pm
Replies: 3
Views: 104
Posted By JAJ
Re: Registering child born in USA as UK Citizen from parent's UK citizenship via desc

So you've got a choice. Register her now as a British citizen by descent under section 3(2) of the Act, or if you return to the U.K. before she is 15, she may at a future date be registered under...
Forum: USA / US Immigration and Visas May 23rd 2013, 12:47 pm
Replies: 18
Views: 800
Posted By JAJ
Re: Citizenship Interview: Gone Bad!

We've still not been told if "arrested" means just that, or if it means "arrested and convicted."
Forum: Moving back to the UK / Citizenship and Spouse/Family Visas May 23rd 2013, 12:13 pm
Replies: 14
Views: 207
Posted By JAJ
Re: British Canadian citizen with Canadian family

If her parents were married, she appears to be a British citizen by descent. Does she have the relevant birth and marriage certificates?
Forum: USA / US Immigration and Visas May 23rd 2013, 4:02 am
Replies: 18
Views: 800
Posted By JAJ
Re: Citizenship Interview: Gone Bad!

When the term "arrested" is used it should always be qualified as to whether charges were a. dismissed in court, b. never brought (same effect, normally), c. still pending, or d. proven in a court of...
Forum: Australia May 23rd 2013, 2:42 am
Replies: 13
Views: 233
Posted By JAJ
Re: Secondment, resident for tax purposes and CGT

What's your status in Australia? Are you Australian citizens, permanent residents, NZ citizens or other temporary status?
Forum: USA May 23rd 2013, 12:37 am
Replies: 3
Views: 104
Posted By JAJ
Re: Registering child born in USA as UK Citizen from parent's UK citizenship via desc

Forget section 3(5) registration if the child hasn't lived in the United Kingdom/Territories for 3 years.

You've not told us the date you became a British citizen under section 4C. This is...
Forum: Europe / Republic of Ireland May 23rd 2013, 12:33 am
Replies: 5
Views: 198
Posted By JAJ
Re: Do I need two wills

Told by whom??

As far as I am aware, the Republic of Ireland accepts English wills for probate and vice versa. In fact, most jurisdictions accept non-local wills, to a greater or lesser extent. Did...
Forum: Moving back to the UK May 23rd 2013, 12:29 am
Replies: 20
Views: 591
Posted By JAJ
Re: Irish Citizen moving to UK

So does that affect your plans in any way - would you consider settling in Ireland or Northern Ireland if it gave your spouse a quicker pathway to Irish citizenship (and British citizenship, if...
Forum: Australia / Immigration, Visas & Citizenship May 22nd 2013, 4:45 am
Replies: 6
Views: 223
Posted By JAJ
Re: Where does our entry into Australia need to be?

Except that the ACT is a Territory, not a state.
Forum: Australia / Immigration, Visas & Citizenship May 22nd 2013, 2:51 am
Replies: 35
Views: 2,307
Posted By JAJ
Re: Question about child becomming citizen

If the passport application form attests only to the child or parent's identity - then I see no reason why not. If the declaration is attesting to the child's Australian citizenship - then no.
Forum: USA May 19th 2013, 7:50 pm
Replies: 32
Views: 1,071
Posted By JAJ
Re: Having a baby in the US - brit married to american

It was a method to acquire U.K. citizenship in non-Commonwealth countries up to the end of 1982. South Africa was non-Commonwealth between 1962-94. Consular birth registration must have ceased in...
Forum: Moving back to the UK May 19th 2013, 7:41 pm
Replies: 7
Views: 360
Posted By JAJ
Re: Lawyer recommendations needed

Note that you can't renounce for your children, only yourself. They have to make their own decisions when of age.

As to the rest, renouncing U.S. citizenship is a significant and irreversible step....
Forum: Moving back to the UK May 19th 2013, 7:31 pm
Replies: 15
Views: 508
Posted By JAJ
Re: FATCA question

If in doubt whether a particular investment should be reported, is it really a problem to report it?
Forum: Moving back to the UK May 19th 2013, 7:28 pm
Replies: 20
Views: 591
Posted By JAJ
Re: Irish Citizen moving to UK

I would suggest caution before using a visa status that could be affected by a withdrawal from the European Union (although there would probably be an opportunity to switch to domestic visa status,...
Forum: Moving back to the UK / Citizenship and Spouse/Family Visas May 19th 2013, 7:19 pm
Replies: 6
Views: 323
Posted By JAJ
Re: A slightly more complicated citizenship by descent case

Birth, marriage certificates, etc.
It is normally straightforward to obtain United Kingdom and Republic of Ireland civil documentation.
Forum: Australia / Immigration, Visas & Citizenship May 19th 2013, 7:04 pm
Replies: 13
Views: 573
Posted By JAJ
Re: Concern about citizenship

What form are you completing? If form 119 (which is what it should be) then you do not need a police check.
Forum: Moving back to the UK May 16th 2013, 11:15 am
Replies: 15
Views: 508
Posted By JAJ
Re: FATCA question

Nothing, usually. As long as taxes have been paid, it's highly unlikely there will be any problem. There's a lot of scaremongering out there but not one single reported case where penalties were...
Forum: Australia / Immigration, Visas & Citizenship May 16th 2013, 11:10 am
Replies: 13
Views: 573
Posted By JAJ
Re: Concern about citizenship

You absolutely should have a certificate (or registration document) issued from when you were registered. If it's lost, etc. then use form 119 for a replacement.

If by some chance you were never...
Forum: Australia / Immigration, Visas & Citizenship May 14th 2013, 10:58 pm
Replies: 13
Views: 573
Posted By JAJ
Re: Concern about citizenship

What happened to the certificate you (or your parents) would have received when you were registered as an Australian citizen by descent?
Forum: USA May 14th 2013, 2:19 am
Replies: 52
Views: 2,116
Posted By JAJ
Re: Bye-bye Green Card Lottery

Guernsey and Jersey do not qualify.



Isle of Man does not qualify.
Northern Ireland does qualify because it has been given a special status and may qualify on its own merits even if the United...
Forum: Moving back to the UK / Citizenship and Spouse/Family Visas May 14th 2013, 1:32 am
Replies: 6
Views: 323
Posted By JAJ
Re: A slightly more complicated citizenship by descent case

Yes, normally - if he was born in Ireland or Northern Ireland. And if you can evidence it.
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