UK Visa question

WizzyUK · Post by **WizzyUK** » Wed May 16, 2012 6:01 pm

Hello guys I have a few questions and would appreciate any input.

I am a UK passport holder and British Citizen. I have been in the USA for a few months visiting my girlfriend and her son. I intend to leave the US soon and want to bring the girlfriend and her son with me for an extended holiday so she can decide if she would like to live in the UK in the future. If she likes the UK she will then return to the US to apply for the appropriate visa so they can reside in the UK

I have been to the UKBA website and done the little survey using the "do I need a Visa tool" for my girlfriend and her son. It came out that for a visit for up to 6 months she does not require one but nothing was really stated about her 4 year old so my question is this. Does anything need to be done for the little boy? They both has US passports and we also have a notarized paperwork from the child's father saying he consents for him to travel to the UK for up to 6 month's for an extended holiday. We have all other paper work sorted out, such as letters of support and letters offering accommodation etc. I just fear that I have missed something. Once we get to passport control in the UK we will be separated as she is a non-EU passport holder and I wont be there to aid her when she is at the immigration officer.

Anyway any feedback would really appreciated

Adam

Post by **Greenie** » Wed May 16, 2012 6:29 pm

the child does not need a visa to visit the UK just as his mother doesn't. Your girlfriend will need to carry evidence of her ability to fund her stay in the UK and her intention to return home. You do not have to go to the EU passport queue, if you wish you can stand in the non-EU queue with her.

Regarding your future intentions - how long have you been together as a couple and how long have you lived together? What involvment does the child's father have in the child's life?

WizzyUK · Post by **WizzyUK** » Wed May 16, 2012 6:57 pm

well knowing I can stand in line with her is great.

We have been together and semi lived together for two years now and in that time I have been making multiple trips back and forth. The last time I came to the US I was held and interviewed for almost 4 hours but I was honest and told the truth and had supporting paper work so was allowed entry. They did say however that I may not have such luck next time.

So now we want to go to the UK and would love for them to come and stay for a while. The father of the child has very little input in his life and he lives over a 1000 miles away and doesn't offer any support to the Mother. He is quite happy for him to come to the UK and potentially live there in the future.

I only want to buy one way tickets as the price for returns are very over priced and I know come December the cost of air fair drops. Also, Anna my girlfriend may in fact leave before the 180 days so she can return to the US to apply for the marriage visa. We will have all supporting documents such as financial, accommodation and the guarantee of a return flight in written statements from 2 members of my family that are all in the UK.

Do you think we have it all covered? and thank you for replying to me so soon!

Post by **Greenie** » Thu May 17, 2012 12:50 pm

I think she needs to be clear as to how long she is going to stay in the UK. Not having return flights may or may not make things more difficult depending on the discretion of the border control officer and how convincing your girlfriend is that she intends on returning.
Although you have been together for two years I think you would find it difficult to prove that you have been living together in a relationship akin to marriage for that time as you have said you have only been living together on and off and presumably, you have only been able to be in the US for temporary periods as a visitor? Your partner therefore wouldn't qualify for an unmarried partner visa.

You say that your partner may go home to apply for 'the marriage visa' what do you mean by this?

Regarding the child

your parter will need to show she has

vinny wrote:sole responsibility (319J(e)(ii)). An authority letter from ex-husband may be detrimental.

WizzyUK · Post by **WizzyUK** » Thu May 17, 2012 5:07 pm

Firstly how can notarized letter of consent to travel including photo copy of his driving licence and ssn card be detrimental? Surely this is the information they would be seeking?

I fail to see how immigration can dis-prove our relationship. I can provide our entire history if needed along with statements from both of our family's.

With regards to the marriage visa I meant the fiance(e) or proposed civil partner of a British citizen. Its a simple process. You cannot apply for this visa while in the UK so my girlfriend would need to apply from outside the UK hence the reason she would leave at the end of her 6 months.

WizzyUK · Post by **WizzyUK** » Thu May 17, 2012 5:13 pm

The clause you pointed out is not relevant to us as of yet. That's an issue within the future.

The information we have and the consent to travel from the father is for the 6 month visit in the coming weeks.

Post by **Greenie** » Thu May 17, 2012 5:49 pm

I was not suggesting that your relationship would be disproved but rather that if it were your intention to apply for an unmarried partner visa your partner wouldn't qualify as this requires two years cohabitation.

I am well aware that it is not possible to apply for be a fiance visa from within the UK. You referred to a marriage visa and i was clarifying what you meant.

I posted the information re sole responsibility for future reference with respect to a settlement application for the child. The fact that she has a letter consenting to the child leaving kid country may be used to say that she does not have sole responsibility if she needs the fathers permission to take the child from the country. She doesn't really need this for the child to gain entry as a visitor. But given that you think the process is simple perhaps you have already looked into all of this.

WizzyUK · Post by **WizzyUK** » Thu May 17, 2012 6:03 pm

Thanks for your feedback.

I think it will be a fairly simple process as no-one disputes it or wants to stop it. If I felt there was to a be a problem I would have a solicitor advocate for us.

Its also my understanding that as of 2003 the law changed and no parent actually has sole responsibility unless one of the parents is deceased and or cannot be traced. Both parents have a shared responsibility.

I just wanted to check and triple check that I have things in order. It seems the only issue I will be faced with is not having return flights but I feel that is justifiable. Single flights are $2000 and returns are close to $5000 I would rather spread the cost of their return flights over the 6 month visa visit. UKBA should understand this. I will be providing notarized bank statements to prove I have the money anyway. I don't know what else I can show them.

Post by **Greenie** » Thu May 17, 2012 8:13 pm

Regarding the visit - it's not about ability to pay for the flights but incentive to return - does she have property there? A job to go back to? Family? In any case her long term intentions are to settled - she has to convince them that she intends to return to the US to apply for a visa with a view to settlement.

Regarding the fiance visa/visa for the child in the future. In theory such applications can be straightforward but in practice can be complicated if they are not properly prepared and you don't understand the requirements. It is not enough that 'no one wants to stop it' when it comes to apply for the visas with a view to settlement, the applicants have to provide the evidence that they meet the requirements. With regards to the child and the mother's sole responsibility, this can be certaintly be complicated.

I assume when you are referring to shared responsibility since 2003 you are referring to the law in England and Wales on parental responsibility since 2003. This is not the same as sole responsibility in the context of the immigration rulesand indeed if it were then no child with two living parents in this type of scenario.

what the UKBA is looking for is evidence that the applicant parent is and has had sole responsibility for the upbringing of the child (another parent may legally have parental responsibility or the equivalent in the country of origin but if he or she has no involvment in the upbringing of the child then the other parent can show s/he has sole responsibility - this is explained in more detail in the guidance I have pointed you towards.

WizzyUK · Post by **WizzyUK** » Thu May 17, 2012 8:40 pm

Yeah she has every reason to return here, her employer, family and her life's possession's are all here. She certainly doesn't want to just surrender that.
She cant just abandon her life here in the US. Not to mention the legal issues with regards to the child. The last thing she wants is for the US gov to charge her with abduction. That is a very serious crime and by no means is that her intention.

The process of the future settlement will take a lot of planning. If and when that arises I will be sure to fully update myself with what the Immigration law actually states and what we need to do in order meet the requirements of that law.

Immigrationboards.com: Immigration, work visa and work permit discussion board

UK Visa question

UK Visa question