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relocating(no fixed address),widow,refused visa, reapplying

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kkollage
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relocating(no fixed address),widow,refused visa, reapplying

Post by kkollage » Thu Aug 07, 2014 12:51 pm

Hello. I apologize for the length but I need to explain -
I applied for, and was refused, a 2/year visit family visa. My situation is this:
I am a US citizen, age 55, widow of a British citizen. We were married 28 years, never lived In the UK, he died in Switzerland where we lived for 10 years. I am still in Switzerland but only as a tourist since 30.June 2014. My residency permit was due for renewal and I chose to de-register as I was sure I would get a visa. I move around, staying with various friends. I currently have no permanent address. The situation is a bit stressful.

From this marriage I have 2 children ages 24 and 21, British citizens. They inherited the home that my husband purchased in 2012. (we were going to retire there this year) They have lived In the UK since 2009/2010 respectively, attending UK universities, then after graduation moving to our home. They are currently working part time jobs/ internships but have no settled careers yet.
Other relatives In the UK: Brother-in-law, Mother-in-law and extended family from them.

We have travelled freely to the UK to visit family and friends and I never stayed more than a week or two. (never even close to 6 months in a year). ice my husband died in Nov. 2012, I tried to stay in Switzerland, ''pick up my life'', but it is too costly long term - I lost my job and my apartment within 6 months of his death and decided I would much rather be with my British family, especially since we have a home there that is paid for. I wanted to start over and especially to be near my children. We have a good relationship. My husband has left me well provided for, and I support my children (pay taxes, repairs to house) I do not need public funds.

I did not research the visa process but went straight to visa4uk website. I wrote to the UKVI for advice as to which visa I should apply for - they replied ''settlement/parent''. I did look closely at that route and saw it was for parents in need of support and care, which I do not. I felt it was the wrong route, and so I chose 2 year/visit family.
In my haste and confusion I mistakenly stated I would stay for 2 years, and explained the above about wanting to begin a new life, hoping to apply to settle during my 2 year stay. This would be laughable if it weren't true... Sometimes I am near break down for want of knowing what to do.

Since my tourist status will run out and I need to move on, I have now completed another visit family visa/6 months. I have made arrangements to move to the US after I visit family for the 6 months allowed, if I am approved. My appointment is 19.August.
I will supply:
sponsor letters from children, (or letters of invitation? I will be funding my whole trip)
house title documents,
children's bank statements,
my bank statement and letter from my bank stating my total wealth and access to it,
my intended onward address in the US - Should I get a letter from the person I will be moving to?

Any suggestions for a successful application much appreciated.

Thank you for taking the time to read my predicament. I would ask about compassionate circumstances but this seems fruitless. I would really like to make a contribution as a UK resident but it doesn't seem possible since I am a US citizen.

Amber
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by Amber » Thu Aug 07, 2014 9:58 pm

I doubt you'll be getting a visit visa if you stated that you'd be settling in the UK - a no no for visitors

Did you not acquire any form of permanent residency in Switzerland? A C permit?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

kkollage
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by kkollage » Sun Aug 10, 2014 6:28 pm

I know I have made some terrible mistakes. I had a C permit. I gave it up because I can't afford to stay here long term and also because I have a place to live in the UK, a house I shopped for and negotiated. I think I am in shock over the fact that there is no visa category for my situation. I rushed to finish an application which I thought was for a 2 year stay. Yes, it states clearly in the rules that all visitor visas are for 6 months per visit, and I clearly stated I would stay 2 years - why would someone purposely write that? I made a mistake.
Does anyone know of special cases being granted leave to remain on humanitarian grounds?

Amber
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by Amber » Sun Aug 10, 2014 7:56 pm

If you had a C permit and subsequently gained Swiss Nationality, you'd have been able to come here under EEA agreements.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

kkollage
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by kkollage » Mon Aug 11, 2014 9:54 am

I mean no disrespect Amber, but I do know that. Getting CH citizenship takes 1.5 to 5 years, and meanwhile the gov't chips away at my savings, I must stay in the country for 6 months to keep C permit during that period, I keep paying a high rent and travel costs. All this, to become a citizen of a country where I do not want to live. This is not a game I am prepared to play. I have reapplied for a visitor visa, intending to visit family, see a bit of the country and leave the UK after my visit.

My main concerns now are -
getting the visa obviously, and -
having my name cleared in order to travel to and from the UK under the normal UK-US permitted route, i.e. no doubts entering the border and no extra visa requirements for a visit under 6 months.

Let me ask this - my solicitor (Swiss) tells me I can 'live in the UK for 6 months, in the US for 3 months and another country (Netherlands, for example) for 3 months'. This makes me tax domiciled in the US only and he is suggesting this is legal. Is this in fact true?

Wanderer
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by Wanderer » Mon Aug 11, 2014 10:04 am

kkollage wrote: Let me ask this - my solicitor (Swiss) tells me I can live in the UK for 6 months, in the US for 3 months and another country (Netherlands, for example) for 3 months'. This makes me tax domiciled in the US only and he is suggesting this is legal. Is this in fact true?
Dangerous game, as you would not be a 'genuine visitor' and liable to be bounced on arrival and subsquently having to formally apply for UK visas from then on, notwithstanding the possibility of a ban.
An chéad stad eile Stáisiún Uí Chonghaile....

kkollage
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by kkollage » Mon Aug 11, 2014 10:21 am

Wanderer, exactly! I have no intention of trying anything like that, I just want to visit my children and in-laws within the legal limitations.

kkollage
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Re: relocating(no fixed address),widow,refused visa, reapply

Post by kkollage » Mon Aug 11, 2014 4:39 pm

Not smart and not correct to state in the visa ''length of stay'' and ''anything to add' boxes that I intended to stay 2 years. I realized these people must get hundreds of applications per day, are not interested in my 'misunderstandings of the rules'. The officer who read my application probably got very disgusted and moved on quickly to the next. Quite right!
However:
I have never overstayed, had medical treatment, received public funds, applied for a visa before. I cannot determine from the refusal of entry clearance letter if I am banned from entry. In the upper right corner of the letter:
GV51 (LRA)
Rev 10/11

Does anyone know what this means?
Thanks.

kkollage
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Posts: 7
Joined: Thu Aug 07, 2014 11:20 am

Re: relocating(no fixed address),widow,refused visa, reapply

Post by kkollage » Sun Sep 07, 2014 8:34 pm

In the end, I got on a plane with a return ticket, and after being detained for 45 minutes I was allowed in. I explained my situation and she said, 'Just sort yourself out, make sure you use the return ticket.' I was told many people make mistakes on the forms.

I made an appointment with name removed by moderator in London. Name removed by moderator had hinted that 'discretionary leave to remain' might be possible, but once I paid for the consultation he said very few of those get through. He suggested the entrepreneur route. If I read the rules right, you start a business with £200'000.- and if, after the 3 years you have made £5M or hired 10 people, you can extend the visa another 2 years. I followed up the call with an email with more questions about those numbers but am still waiting for his colleague, the entrepreneur expert, to contact me. I feel that I wasn't listened to. I was a wife and mother, not a businesswoman.
On the other hand, maybe there is no visa category for me.

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