Entry clearance

[slick_horsie]

Hi, Im hoping to travel to the U.K this March with my daughter for 3 weeks. I have previously over stayed my welcome in the U.K by about 2 years. I have a genuine reason, I was pregnant and later my husband was ill. I am an American national and my daughter is British. I have been advised by the British Consulate here in Chicago to apply for a visit visa or else I may be refused entry.

I am currently not working but I have about $1800 to fund my stay in the U.K. The British Consulate has asked me to send evidence of why I over stayed. I have a letter from the hospital stating that I was pregnant and giving my due date. I also have a letter to cover the period when my husband was ill.

I just wanted to know whether what I have stated above is good enough to make an application for a visit visa? Or do I need to provide or say something else?

Also, what are the chances of me being refused entry if I decide to visit the U.K without any kind of visa or entry clearance? I have been told that it will be up to the Immigration officer to decide whether they let me in or not. Is a person in my situation likely to be allowed to enter the U.K?

Hope someone can point me in the right direction, Thank you.

[Kayalami]

I would need to know some answers before I can gauge your chances - IMHO they are not good given your lack of a job or visible compelling ties for a return to the US.

1. What is the purpose of your entry into the UK?

2. What is your planned length of stay in the UK?

3. Where will you reside in the UK?

4. Who is the owner/ provider of the above residence?

5. Why is 4 providing such?

6. What additional sources of funds do you have other than the 1,800 USD?

7. What is the source of these funds?

8. Where will your husband and child be during this visit?

9. What is the nationality of your husband?

[slick_horsie]

Thank you for your response it is highly appreciated. My purpose for entry in to the U.K is to visit my husband also my daughter can see her father and grandparents. My husband is a British Citizen and I was hoping to stay for about 3 weeks with him and his family in Manchester. My in-laws would I suppose be the provider of my residence and also they would support me and my daughter during our stay.

My parents will be paying for my plane tickets and I will have $1,800 for spending where necessary. I earned that money while I was working. I had a temporary job which ended last December. I have bank statements and wage slips to provide as evidence. I figured this would be a good opportunity to go and see my husband before I return to the U.S and begin another job.

I have been in the U.S for 6 months now since I over stayed in the U.K. I'm living with my family, wouldn't that count as visible compelling ties?

I thought I should also mention that my daughter is British she has a British passport. Will that not go in our favour? Surely they can't deny her entrance but she's only 2 years of age and I would have to obviously go with her.

All this is confusing and I'm at a lost what to do. In your opinion what would be the best way to tackle this?

[lynn132]

Have you spoken with the consulate about getting a spousal visa? You ARE going to see your husband, and the immigration officer may well wonder why you don't have a spousal visa if he knows why you're there. It would be very difficult to go through an extended interview at the airport with immigration with a two-year-old.
A spouse visa seems to me the most logical thing to do.

[John]

slick_horsie .... has your marriage broken down? If not, I agree with lynn132, why not apply for a spouse visa in the USA. If granted then you would have ability to stay permanently in the UK ..... well for two years initially ... then ILR can be applied for.

If you really do want just a visitor's visa then I think you come up against providing an adequate "reason to return". Your husband lives in the UK ..... why would you want to return to the USA?

[slick_horsie]

I suppose the problem with applying for a spouse visa is that my husband in the U.K isn't currently working. He is actively seeking employment but I guess he is not having any luck. Initially the idea was to stay with his family who would have supported me and my daughter during our stay. I did a little research about spousal visas and I guess I can provide most of the documents they require. British marriage certificate, husbands British passport, our daughters British passport or birth certificate.

If acceptable I can also provide evidence that my husbands family can support me and my daughter with out any recourse to public funds. Perhaps a letter of support from them, their bank statements, etc...Would our situation qualify for a spousal visa? Even though my husband is not employed?

Our marriage hasn't broken down and if allowed then we would very much like to live together in the U.K. I assumed that becuase I over stayed I would be denied entry into the U.K unless my husband applied for ILR. I thought that the only way I could see my husband would be for a short visit via a successful entry clearance.

[lynn132]

From what I've seen on some other forums, the denial rate for spouse visas from North American consulates is less than one percent. This is really your best bet.

[John]

lynn132, I agree, that seems to be the way to go. Indeed, as it is now clear that the marriage has not broken down, I very much doubt that a visitor's visa would be granted .... lack of "reason to return".

Slick_horsie, in order to get the spouse visa you will need to show :-

• financial ... that you will not need to claim certain "Public Funds" ... your parents-in-law can certainly assist with that
• that the accommodation in which you will be staying is "suitable", and certainly not overcrowded, as defined
• evidence of contact .. proving the relationship is real and not a marriage of convenience. The existence of your child will help!

In short, put together an "evidence folder" covering these points. The application form to use is the VAF2. That contains lots of guidance. As regards "evidence of contact", lots of photos, phone bills ... showing regular and recent contact between you and your husband ... can only help.

Also, the fact that you are the mother of a British Citizen can also only help you.

[slick_horsie]

With regards to accomadation my husband does have a tenancy agreement with private housing association. The problem is he is claiming housing benefit therefore he is claiming jobseekers allowance too. Would it be a better idea to state my in-laws as the source of accomadation since they own their property. Should I list my in-laws as my sponsors or my husband? I would have thought the lack of a job on my husband behalf wouldn't make a good sponsor.

Thank you for the idea of an "evidence folder" I can certainly put together a collection of photos, phone bills even post-marked letters we sent each other. The only weakness I see is my husband not being employed. What would be the best way round that? What sort of things should I mention or not mention on the VAF2 form with regards to my husband not having a job?

[slick_horsie]

This is the reply I got from the visa website. I managed to find it in my email trash. The advice below goes against what others on this forum and other forums have said. What advice shall I follow? I'm confused....


"Sorry, sponsorship by persons other than the UK-resident spouse is not acceptable. To qualify for the granting of a settlement visa, the Immigration Rules require that the couple must demonstrate an ability to maintain themselves (and any dependants) adequately from their own resources and without recourse to public funds. Although, the Entry Clearance Officer (ECO) may take into account the employment prospects of the visa applicant, the ECO will still need to be satisfied that the foregoing requirement will be met when the applicant arrives in the UK.

You must have medium-term plans for securing your own accommodation
(questions about this may arise during the visa interview).

As the visa applicant will be staying with a relative initially, a
letter should be obtained from that person stating that s/he is willing
and able to accommodate you as a couple in at least one room of which
you will have the exclusive use and the accommodation as a whole will
not be overcrowded. (Under the terms of the Housing Act, accommodation
is considered overcrowded if two or more persons of opposite sexes aged
10 or over (other than husband and wife) have to share a room).

The letter should also describe the property and say who else will be
living there. This should be accompanied by a copy of the Council Tax
bill in the householder's name (and/or, if rented, a copy of the lease
agreement and written confirmation from the landlord that there is no
objection to your occupancy).

Sent by:
Public Enquiries (I),
UKvisas,
London SW1A 2AH
Telephone: 020 7008 8438
Fax: 020 7008 8359
Web-site: www.ukvisas.gov.uk"