Tory Corruption thread

[ursus arctos]

I don't disagree, but that presumes that their status is known at the time they stand for election, which clearly was not the case here.

[Antepli Ejderha]

We all knew about Johnson having US citizenship by birth for example.

[Walt Flanagans Dog]

There's also the angle as to how he managed to retain his green card while serving as an MP since 2015, and presumably spending most of his time in the UK, and whether he should have given it up earlier.

[Antepli Ejderha]

There's also the angle as to how he managed to retain his green card while serving as an MP since 2015, and presumably spending most of his time in the UK, and whether he should have given it up earlier.

He relinquished it after 19 months as chancellor.

Johnson claims he did not know about this.

[Walt Flanagans Dog]

He relinquished it after 19 months as chancellor.

I meant whether it should have been earlier than that - being elected to one of the safest seats in the country in 2015 should have been a sign that he wasn't going to be around much in the US.

[Ginger Yellow]

I don't disagree, but that presumes that their status is known at the time they stand for election, which clearly was not the case here.

Eh, can't say I really care either way. But I admit I'm an outlier.

[ursus arctos]

It will be interesting to see what representations he made in order to get the card.

Serving in another country's parliament is not automatically disqualifying, but it certainly could be.

[San Bernardhinault]

My recollection, possibly flawed, is that if you live outside the US for 6 months (or maybe a year) while having a green card is grounds for it to be handed back unless you have set up specific caveats with USCIS for them to assume that you remain a permanent resident and are merely abroad for an exceptional period of time. Perhaps a work placement - but even then they tend to look at it with jaundiced eyes and really expect you to start from scratch.

I may be wrong about this, but not handing back your green card and hanging on to it while not being allowed to have it might be one of those things that USCIS does not look too kindly on, and might make subsequent visits to the US painful at the border.

[Satchmo Distel]

It's normally very difficult for Brits to obtain green cards.

[ursus arctos]

This is the official guidance

https://www.uscis.gov/green-card/aft...nent-residence

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.

• Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence.

A great deal depends on the original basis for the grant and any subsequent agreement he may have reached with them.

[Walt Flanagans Dog]

I may be wrong about this, but not handing back your green card and hanging on to it while not being allowed to have it might be one of those things that USCIS does not look too kindly on, and might make subsequent visits to the US painful at the border.

One of the reports mentioned that he'd had a discussion with the authorities during his first official trip to the US as Chancellor and it was agreed that he'd give it up, so presumably a deal has been done to avoid any embarrassment for him in future.

[Satchmo Distel]

Sunak's spokesperson says:

Rishi Sunak followed all guidance and continued to file US tax returns, but specifically as a non-resident, in full compliance with the law.

But the above guidance clearly states that if you file a US tax return as a nonimmigrant, you have intentionally abandoned your green card status, which Sunak therefore presumably did while holding on to the green card until he was forced to give it up when he visited the US as Chancellor.

The question therefore becomes how long was he filing nonimmigrant tax returns while holding on to the card? It seems odd (and somewhat corrupt) that USCIS would disregard its own guidance just to do an MP a favour.

[Antepli Ejderha]

It's normally very difficult for Brits to obtain green cards.

Even if your spouse is Indian?

[ursus arctos]

I wouldn't assume that he didn't file in the US as a green card holder

[Antepli Ejderha]

So do we think he can survive this?

[Satchmo Distel]

Even if your spouse is Indian?

Yes, according to this:

https://www.nolo.com/legal-encyclope...ew-spouse.html

If you are a lawful permanent resident, your new spouse becomes a "preference relative," in category F2A. That means your spouse can obtain permanent residence in the U.S. only after a "visa number" (space for another permanent resident) has become available. At that time, he or she can apply for an immigrant visa (and enter the U.S.). Because of annual limits on the number of people who can get permanent residence in category F2A, a waiting list has developed, based on one's "priority date." The application process often takes several years as a result.

But we don't know that Sunak got his green card via his spouse. My guess would be that working for Goldman Sachs in 2001-04 might have been beneficial.

[Walt Flanagans Dog]

There is an irony in pro-Leave Sunak reserving freedom of movement rights for himself for as long as possible, of course.

[Walt Flanagans Dog]

So do we think he can survive this?

Not for any length of time. Even if he rides this out (and I'm not convinced he will - I reckon we're not far off an emotional resignation speech blaming the press for going after his wife) Johnson will remove him in the reshuffle that will follow their terrible election results next month.

[That Night In Barcelona]

Stephen Kinnock is trending on social media because people are saying he also has non-dom status (resident of Switzerland while being an MP). Not sure if there's anything to it but it does mirror what happened when Dominic Cummings was caught driving to Barnard Castle (suddenly lots of people on Twitter started pointing out that Kinnock also broke lockdown rules). Besides showing that there's not much difference between the Tories and the Blairites, it's also worth saying that it couldn't happen to a nicer bloke.

[Sporting]

This is probably one of my blind spots (possibly because of my own status). I don't go in for residency or even citizenship requirements for politicians. If people want to vote for a foreigner, let them.

May I ask about your own status?

[Ginger Yellow]

Dual citizen.

[ursus arctos]

"Non-Dom" status is a concept under UK tax law that allows certain individuals who reside in the UK to be treated as not being resident for tax purposes.

If Kinnock was truly a Swiss resident, he wouldn't need "Non-Dom" status.

[Walt Flanagans Dog]

What could turn out to be an expensive and empty gesture:

https://twitter.com/SamCoatesSky/status/1512494374889869317?t=ZcaMCw4cAAmtNXbeDNouHA&s=19

[Satchmo Distel]

If India is her domicile, why did she have a Green Card?

[San Bernardhinault]

My guess is that he answer is "money"