Renewal of Tier 1 (General) visa

BeakersBuddy · Post by **BeakersBuddy** » Mon Apr 16, 2012 8:59 pm

I moved over here to teach in August 2009. At the time I left the US, my salary was approx. $62,000 (having taught in the same state since 1990)....My visa is up for renewal, and if I've read the application correctly (& did the points properly), I won't qualify for a renewal as I am only earning about £24,000 now....

I am gutted at the possibility that I might have to leave because I've been with my UK partner for almost 2 years & he can't work in the US. I have established a life here and consider this my home; would Immigration really be so heartless as to kick someone out of the country who has worked (& paid taxes) here for almost 3 years simply because I don't make more money?

Please, does anyone have any guidance? We're devastated.....

Post by **Greenie** » Mon Apr 16, 2012 9:15 pm

If you don't meet the points due to your salary then yes your application will be refused. How long have you been with your partner -when will you have been together for two years? How long have you been living together?

BeakersBuddy · Post by **BeakersBuddy** » Mon Apr 16, 2012 9:31 pm

Greenie wrote:If you don't meet the points due to your salary then yes your application will be refused. How long have you been with your partner -when will you have been together for two years? How long have you been living together?

I can't imagine many teachers who would qualify to stay after 3 years based on that points calculator......

We've been a couple since August 2010, although we met in April of that year, and have lived together since November 2010.

It seems incredible that Immigration would split us up because of money....it's so unfair.....There are people who have committed terrible crimes in this country, but have been allowed to remain because they have a right to 'family.' Why shouldn't that apply to us as well?

Post by **Greenie** » Mon Apr 16, 2012 9:38 pm

You are asking whether you meet the requirements for tier 1 general which as you know is a points based system and not related to your family life in the UK which is a separate issue.

You should consider whether you qualify as an unmarried partner of a British person-to do this you would need proof you have been living together in a relationship akin to marriage for at least two years.

http://www.ukba.homeoffice.gov.uk/visas ... -same-sex/

You would also need to show you have adequate accommodation and maintenance.

Alternatively if you were married you could apply as a spouse.

you could also look into tier 2 if your employer were willing to sponsor you.

BeakersBuddy · Post by **BeakersBuddy** » Mon Apr 16, 2012 9:51 pm

My visa expires 1 Aug & it wasn't till late November that we began living together, so I don't think that would apply; I will look into it, though - thanks....I was considering going for dual nationality, but could'nt find details on Immigration website - the only thing I found when I googled it was that I had to be here 3 yrs, which would be Aug 19.....Wasn't able to find qualification info (the website isn't very user-friendly)

Finding a sponsor will be difficult, won't it? Finding a school willing to take me on would involve them having to show why they'd hire me over a UK citizen.....

I just don't know what to do........For all intents & purposes, my partner IS my husband & the thought of being without him is killing me....

Post by **Greenie** » Mon Apr 16, 2012 9:56 pm

On what basis do you think you qualify for Citizenship? If you are talking about naturalisation then you need ilr first for a year plus 5 years residence. The 3 years residence is if you are married to a British citizen but you also need ilr.

If you don't meet the requirements as unmarried partner and you want to stay together then you may need to consider marriage.

BeakersBuddy · Post by **BeakersBuddy** » Mon Apr 16, 2012 10:19 pm

I know for full citizenship it said 5 years, but I thought for dual nationality it was only 3.....As far as marriage, I thought they'd tightened those guidelines to prevent people from getting married just for a visa? That we'd had to have married for a few years before applying for a spousal visa? Or am I wrong?

Post by **Greenie** » Mon Apr 16, 2012 10:23 pm

Not sure where you are getting any of your information from. You don't apply for dual citizenship, you either qualify for naturalisation or not and on the information you have given you don't.

There is no requirement to have been married for a certain number of years in order to apply for leave as a spouse.

Have a look at the requirements here.

http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

BeakersBuddy · Post by **BeakersBuddy** » Mon Apr 16, 2012 10:37 pm

Will look at the link tomorrow.....Am too upset thinking about having to leave my partner at the moment - have been crying for an hour.

Don't recall where I saw the info - was back in Feb....If I could get a 2-year extension, would go for naturalisation - England has felt like my home since my first visit in 2008

Manka10 · Post by **Manka10** » Mon Apr 16, 2012 10:46 pm

BeakersBuddy wrote:For all intents & purposes, my partner IS my husband

dont mean to get too personal but if thats the case, have you thought of applying for a spouse visa ?

of course you will have to formally get married but there is no other option since you have not been living together for 2 years

BeakersBuddy · Post by **BeakersBuddy** » Mon Apr 16, 2012 10:59 pm

It's definitely something I would consider; we love each other, but my partner is very ethical - he wouldn't want to get married simply to get me a visa....

Manka10 · Post by **Manka10** » Mon Apr 16, 2012 11:42 pm

BeakersBuddy wrote:my partner is very ethical - he wouldn't want to get married simply to get me a visa....

dont know what to say, the purpose of getting a visa is so that you can live together

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 4:07 am

Greenie wrote:You should consider whether you qualify as an unmarried partner of a British person-to do this you would need proof you have been living together in a relationship akin to marriage for at least two years.

http://www.ukba.homeoffice.gov.uk/visas ... me-gender/

You would also need to show you have adequate accommodation and maintenance.

Alternatively if you were married you could apply as a spouse.

you could also look into tier 2 if your employer were willing to sponsor you.

The 'unmarried partner' bit could be a possibility (but it won't be until November that we've lived together 2 years) and then there's this bit:
You may be allowed to switch into the category of unmarried or same-sex partner if:

you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).
How in the world could I get permission to stay for at least 6 more months if the PBS won't let me stay because I don't make enough £? That quoted statement also applies if we got married & I applied as a spouse.....

I understand that Immigration laws have to be tough, but this seems really harsh......

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 4:14 am

Manka10 wrote:
BeakersBuddy wrote:my partner is very ethical - he wouldn't want to get married simply to get me a visa....
dont know what to say, the purpose of getting a visa is so that you can live together

I know: I'll discuss it further with him......

Post by **Greenie** » Tue Apr 17, 2012 9:36 am

BeakersBuddy wrote:
Greenie wrote:You should consider whether you qualify as an unmarried partner of a British person-to do this you would need proof you have been living together in a relationship akin to marriage for at least two years.

http://www.ukba.homeoffice.gov.uk/visas ... me-gender/

You would also need to show you have adequate accommodation and maintenance.

Alternatively if you were married you could apply as a spouse.

you could also look into tier 2 if your employer were willing to sponsor you.
The 'unmarried partner' bit could be a possibility (but it won't be until November that we've lived together 2 years) and then there's this bit:
You may be allowed to switch into the category of unmarried or same-gender partner if:

you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).
How in the world could I get permission to stay for at least 6 more months if the PBS won't let me stay because I don't make enough £? That quoted statement also applies if we got married & I applied as a spouse.....

I understand that Immigration laws have to be tough, but this seems really harsh......

you appear to be jumping to conclusions without properly reading the information available. You already have leave for more than 6 months meaning you can switch. It seems marriage would be a better option as you will not have lived together for two years by the time you need to apply.

I agree with manka- your reason for wanting to remain here is due to your relationship and you refer to your partner as a husband so if marriage is the way to allow you to remain in the UK to be together what's wrong with it?

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 9:52 am

It's not so much as jumping to conclusions as finding it difficult to understand some of the wording on the website - they don't exactly make it easy

It's this bit where I got confused:
For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months.

I read it as, 'We gave you 3 months, then later gave permission for an additional 5 months.' Like in that example, someone applied for an extension, which was then granted.....

I could be interpreting it incorrectly; I was in a bit of a state last night.....

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 10:44 am

Another question - £1500 to renew a visa? Good golly, that's about as much as I paid in $ the first time! Then, if the application is denied, the money isn't returned?

Manka10 · Post by **Manka10** » Tue Apr 17, 2012 11:03 am

BeakersBuddy wrote:if the application is denied, the money isn't returned?

you gotta be kiddin mate, UKBA is a black hole as far as money is concerned so kiss the application money goodbye unless the application is returned as invalid

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 11:05 am

Manka10 wrote:
BeakersBuddy wrote:if the application is denied, the money isn't returned?
you gotta be kiddin mate, UKBA is a black hole as far as money is concerned so kiss the application money goodbye unless the application is returned as invalid

I know - that is absolutely ridiculous!

Post by **Lucapooka** » Tue Apr 17, 2012 11:08 am

To put this into a more mature context. You will not get a refund because you will have spent the money on the service you have requested and have been given that service. Visa fees are for the administrative consideration of an application which may then be issued or denied. The fees are not for the purchase of a valid visa.

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 11:18 am

It just seems like an exorbitant amount to process an application; I know there are lots of things that have to be looked at, verified, etc., but wow!

Post by **Greenie** » Tue Apr 17, 2012 1:56 pm

where are you getting the figure from? the figure to apply for leave as the spouse of a settled person is £561 if you apply by post or £867 if you apply in person

http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf

Post by **Greenie** » Tue Apr 17, 2012 1:58 pm

BeakersBuddy wrote:It's not so much as jumping to conclusions as finding it difficult to understand some of the wording on the website - they don't exactly make it easy

It's this bit where I got confused:
For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months.

I read it as, 'We gave you 3 months, then later gave permission for an additional 5 months.' Like in that example, someone applied for an extension, which was then granted.....

I could be interpreting it incorrectly; I was in a bit of a state last night.....

you are interpreting it incorrectly. you can switch if you were given more than 6 months leave, which you were.

BeakersBuddy · Post by **BeakersBuddy** » Tue Apr 17, 2012 3:25 pm

Greenie wrote:where are you getting the figure from? the figure to apply for leave as the spouse of a settled person is £561 if you apply by post or £867 if you apply in person

http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf

The £1500 is what I found as the charge for a Tier 1 - that's the only pricing I've looked at so far.....

The prices for a spouse are better; I should probably also check about price of 'unmarried partner'.....

Post by **Greenie** » Tue Apr 17, 2012 3:44 pm

BeakersBuddy wrote:
Greenie wrote:where are you getting the figure from? the figure to apply for leave as the spouse of a settled person is £561 if you apply by post or £867 if you apply in person

http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf
The £1500 is what I found as the charge for a Tier 1 - that's the only pricing I've looked at so far.....

The prices for a spouse are better; I should probably also check about price of 'unmarried partner'.....

i thought you had established that you didn't meet the points for tier 1 general. the price for unmarried partner is the same as for spouse however you don't meet the requirements for unmarried partner as you have not lived together for 2 years.

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Renewal of Tier 1 (General) visa

Renewal of Tier 1 (General) visa