Immigrationboards.com - Archive

I am a Canadian citizen, 21 years old, and my grandmother was born in Liverpool in 1919. I would like to relocate to England so that I can be with my boyfriend. I have a few questions that I was hoping someone/anyone would kindly help me with. Thanks in advance, I'm desperate for any answers or advice available as this matter is urgent.

- If I enter the UK on a visitor's visa, can I then apply for an Ancestory Visa from within the UK? Will this pose any problems?

- Will British customs give me any hassle if I enter claiming to be a visitor with only a one way ticket? Is it advisable that I purchase a round-trip ticket instead? One way would be much nicer since the price is significantly lower.

- How much money is required to be in your bank account when presenting bank statements? I've heard it's 800 pounds.

- If I do not have a bank account are there any other options to prove that I will be financially secure (not needing public assistance)? What about a letter of support?Besides a letter of support what would be sufficient evidence to prove that I am 'able to maintain and accommodate myself and any dependants adequately without recourse to public funds'?

-Who can write a letter of support (do they have to be a British citizen? Commonwealth citizen?) and what exactly must the letter state?

-Are background checks done to verify all information from your country of residence and/or country of nationality?

- Does anyone know anything about Global Visas? They're based out of London and handle all of your visa needs for a fee. I am leaning towards using their service since it seems to make the process of obtaining a visa less stressful as they handle all the dirty work for you.

I would really appreciate ANYONE'S input. Your quick reply would be most appreciated since I'm in a bit of a rush to sort this all out. It's all in the name of love. Thanks so much!!

I will try and answer your queries as well as give you some pointers. Its quite lengthy so you may wish to print it out.

1. Yes you may can enter on a visitors visa and then apply for an ancestry visa but it can present a problem...

a) when you enter the UK as a visitor the Immigration Officer will admit you for six months. He/she will ask you about your intentions and you will state that you are only here for 6 months. However you intend to change to AV so you are actually misrepresenting your true intentions. However if you enter the UK then after some time decide to change to AV you could argue it was something you progressed to as opposed to that what you intended to do all along. Misrepresentation is an offence under the Immigration Laws and can result in deporation or removal.

b)if you enter the UK as a visitor you have to wait for sometime (INMHO - 3 months) before converting to AV to avoid the issue of misrepresentation. You have to apply to the Home Office to change status. You will be charged GBP 155 for a postal application or GBP 250 for an application in person. Straightforward personal applications may be processed on the same day if there is no need for further enquiries. The HO usually review in some detail applications where there is a change of status from visitor to a settlement category so your application may be deemed not to be straightforward. In any case an application in person involves you going to a Public Enquiry Office in Croydon (South London), Liverpool, Glasgow or Birmingham with the latter 3 requiring appointments. There have been horrendous queues at PEO's in tha past though the charging regime may have reduced this. Postal applications take much longer than in person applications. The HO have given a time frame of up to 13 weeks to process both postal and in person applications which cannot be decided on the day. In contrast an application for an AV visa at a British Diplomatic Post can be done in one day. From an admin point of view this is an easier route.

c)After 4 years on AV you can apply for UK permanent residence (settlement) because any time on an AV is classed as a category leading to settlement. If you enter on a visitors visa then change to AV there is a time lag of perhaps upto six months. So you will get your PR much later. If you enter UK on AV your 4 yrs start from this date so you get PR earlier.

d) From 13th November 20003 anyone intending to remain in the UK for longer than 6 months who is not an EU/EEA national must apply for a residence permit at a British diplomatic post. The RP is effectively a visa but the UK government calls it that to show as if things are still the same even for those who don't currently need visas. INMHO it will be easier for the HO to deem a visitor to AV switch as misrepresentation after this date..so its more of a risky strategy for you. A British Diplomatic Post is an Embassy, High Commission or consulate. In your case the British High Commission in Ottawa is where you would direct your application (I am assuming you are resident in Canada).

http://www.britainincanada.org/Visa/index.htm

If not in Canada you can apply at a BDP near you as long as it accepts AV applications. You will find that most BDP's will only serve applicants who are citizens or legal long term residents of that country i.e not visitors. This is more so where the application is in a category leading to settlement. This link to the Foreign & Commonwealth Office lists all the BDP's.

http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPa ge&c=Page&cid=1007029395231#C1

2. Yes. Turning up with a 1 way ticket is a definitive indicator of someone who has no intention of going back soon. To make matters worse you have a boyfriend in the UK and will have a hard time convincing the IO you will leave the UK once your visitors status is up as opposed to getting married for example!!! The only way out of this is to show you have enough money to buy a ticket back to acountry of which you are a citizen or legal resident i.e. in your case Canada. This is on top of the funds you have to show the IO for your maintanance. Get a return ticket.

3. The amount of funds must reflect your length of stay and of course where you are staying. If you turn up with 800 pounds no return ticket and intend to stay in london for 6 months you can expect NIL chances of admission. As a rule of thumb you should expect to show about 100 pounds for each week of stay. However if you are applying for an AV the BHC in Ottawa take into account that you will be eligible to work and will be more lenient. You are likely to be expected to show enough money to last you for 2-3 months whilst you are job hunting. As a rule of thumb applicants for a Working Holiday Visa at the BHC Ottawa need to show they have 2,000 CDN dollars. You can submit travellers cheques. Letters of support on themselves are not enough. They must be accompanied by a bank statement showing the person's ability to support you and the BHC will review the relationship between you and the sponsor i.e. if its your parents then its more straightforward if its a complete stranger they will really question you.

4. You are expected to provide details of any convictions/sentences you have had in all immigration and visa applications. The Entry Clearance Officer (ECO) at the BHC is an Immigration Officer and has significant experience in reviewing cases so they will pick up on any obvious issues you try to hide. Note that its the nature of any sentences that is an issue i.e. if you have speeding conviction why hide it?

5. I cannot vouch for or recommend any particular firm although it is always advisable to get legal expertise for complex cases. INMHO your case is straightforward and there should be no need for legal assistance especially if you are applying for the AV at a BDP rather than in-country (you can then use the legal fees to go towards your accomodation and maintanance funds instead ) However you should ensure that any firm that assists you with any immigration related matters is registered with the Office of the Immigration Services Commissioner unless they are exempeted (barristers and solicitors are currently exempted). This ensures that they are competent enough to give you immigration advice.

http://www.oisc.org.uk/adviser_finder/adviser_tribunal_decision.stm

I would advice you to apply for an AV at the BHC in Ottawa as opposed to entry on a visitors visa then attempting a switch. This way you can enter the UK with your long term immigration status secured and can then concentrate on the daily challenges you will face when you get here primarily job hunting (very tough market presently), finding accomodation, getting a national insurance number, setting up bank accounts etc. All these things are easier without you being on a visitors visa and some of them are almost impossible e.g. job hunting, getting a national insurance number and opening bank accounts.

Good Luck

[ August 11, 2003: Message edited by: Kayalami ]

--------------------

---audi alteram partem---

1. What is your status in the US?

2. Do you have a US/ Canadian bank account?

3. Who would be providing the letter of support? It does not have to be a relative but you would be expected to show a connection between you and the sponsor i.e. maybe a family friend or a former employer etc. The issue is where you have no basis of a relationship at all with the sponsor i.e. they are a total stranger.

Kayalami

--------------------

---audi alteram partem---

As a US LPR you are eligible to apply for an ancestry visa at a US based British Diplomatic Post. In this case you would apply to the British Consulate General in Los Angeles. Their website and all other pertinent details including the required fees (currently USD 131.00) are available on the following links:

http://www.britainusa.com/visas/visas.asp
http://www.britainusa.com/visas/la.asp

Your friends letter will help so no need to worry. He/she would need to submit a bank account proving that they can provide this support. Can they lend you the money temporarily? Its better if the money is in your own account even if borrowed.

You can apply for an AV from within the UK but from an admin point of view getting the AV outside the UK is easier. It also negates any issues sorrounding misrepresentation at a UK Port of Entry because you don't really intend to be a visitor but will switch status to AV. However the biggest benefit of pre UK entry AV will come from when you intially enter the UK. Believe you me looking for jobs as a visitor or opening bank accounts etc is next to impossible. Others such as applying for a national insurance number (NINO) equivalent to the US social security number are impossible because visitors are prohibited from working...catch 22 is that most job applications require the NINO.

Good Luck

[ August 11, 2003: Message edited by: Kayalami ]

--------------------

---audi alteram partem---