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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello.. Im Michelle. I went to the U.K in 2004. My GF at the

Resolved Question:

Hello.. Im Michelle. I went to the U.K in 2004. My GF at the time was going thru alot of things, and her daughter is mentally ill. I booked a ticket for 3 months to go and help her out till she got on her feet. Extreamly naive, I had no idea it would be such an issue. Also I had lied and said my GF was my cousin.. as I told everyone then. I was refused entry. I was very scared and confused.. Terrified of planes as well, being shortly after 911.. I thought my flight over would cure it, but it didnt.. as I had stated, the only reason I came over was to help my girlfriend. when my gf heard, she called the airport begging and crying. So they let me in for three days, keeping my passport for insurance. I ended up staying for 19 months.. a VERY VERY stupid thing to do. I did try to go home once 7 months after I got there, even got to the airport, but couldnt board the plane. When my Father saved enough money, I went home on my own will, Via Queen Mary. I never worked, or claimed bennefits over there, but I did meet some lovely people. One of whom is in a nursing home now, and one just had a bout of bells pausey. Another of my elderly friends has actually passed. I would like to go see them again, as we have kept in contact over the years. I applied for a visa a month ago, and they refused me. Mainly because of what I did.. also, because I didnt include any documents of my work, houseing.. ecc. I didnt know I needed to. Truthfully I knew they would refuse me, so I was gonna take it to the intervew I never got. I have lived in my apartment now for over two years, finally got a job that makes good enough money for me to quit working the two I was after a year, have two dogs to take care of, and my Mother is fighting 3rd stage cancer. I have no intentions of staying.. couldnt if I wanted to. I just want to see my old friends. Should I apeal the case? Or re apply with the proper documentation? I actually kept that short, believe it or not.. lol. Sorry.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What are you asking, have you applied for a visa? What type please?

Tom
Customer: replied 3 years ago.
Yes I have. A Visitors Visa about a month ago and was refused. I would like to know if I should apply again with documents proving my income, proof of housing, and job, or weather I should just appeal? And what would be your advice on what I should say when I do? In your opinion, do I even have a chance of being approved? Also, will I need my fingers re scanned if I re apply for a visa? Will I need bank statements? Thank you so much.
Expert:  Thomas replied 3 years ago.

Did you receive specific reasons for the refusal? Please list them


Tom

Customer: replied 3 years ago.
Yes... He had stated that because I overstayed last time was mainly the reason, as they normally refuse people with such cases, but also because I failed to include any documents stating proof of work, income, and place to live.
Expert:  Thomas replied 3 years ago.

Hi,

 

How long did you overstay previously?

 

I have to leave the office very shortly but should be able to respond later in the evening.

 

Kind regards,


Tom

Customer: replied 3 years ago.
I ended up staying for 19 months, after being told I could only stay for three days... a VERY VERY stupid thing to do. I did try to go home once 7 months after I got there, even got to the airport, but couldnt board the plane.
Customer: replied 3 years ago.
Some of the questions you are seeking are in the initial email I sent you guys.. I dont know if you have it or not. Please let me know if you would like me to resend it. Thank you.
Expert:  Thomas replied 3 years ago.

Hi Michelle,

 

Thanks for your reply.

 

In view of the fact that there are a number of defects with your application I would consider submitting a comprehensive new application for a visitor's visa directly to the British Embassy.

 

It is generally easier to convince UKBA officials in a cogent and well prepared application from the start than to attempt to produce new evidence to remedy defects in an application that falls far short.

 

The eligibility criteria for a visitor's visa is as follows(as I am sure you are aware, is that you need to show that:-

  • You want to visit the UK for no more than six months;
  • You intend to leave the UK at the end of your visit;
  • You have enough money to support yourself during your stay in the UK without working or needing help from public funds
  •  

    You have to try and show them that you have continuing obligations in the US which will continue after your visit and therefore convince them that you are not a risk of overstay. Things like a letter from your employer stating your have a job (if you do) and are expected to return to continue that job, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property, bank statements showing the money he has available to you)

     

    If there is a person in the UK who will be assisting you during your intended stay then to assist your application you should ask them to go to a local solicitor to draft a sponsorship declaration in which they state the terms of his visit, that you are to return at the end of it, that if you in a relationship with that person then they know that you must leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that they shall accommodate your and hall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

     

    This should cost around £50+vat and you can find immigration solicitors via:-

    http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

    .

    You have to specifically broach the subject of your previous overstay in your application by submitting a statement giving them details of the overstay and your reasons for it. The reality is that the UKBA are going to be disinclined to grant you a visa from the start because of the length of the overstay I'm afraid, but you should submit full reasons for why initially you overstayed (with any supporting documentary evidence - eg doctors note showing condition possibly) and why it went on so long. If you did not claim any public funds then you should state this as well as stating that you did not realise overstaying was as serious as you now understand it to be.

     

    You may consider instructing a solicitor to prepare your application for you because it's not going to be easy with the overstay.

     

    If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

    Kind regards,


    Tom

    Thomas, Solicitor
    Satisfied Customers: 6296
    Experience: BA (Hons), PgDip, Practising Solicitor
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