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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6430
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have applied for a Tier 4 (child) visa from the US and it

Customer Question

We have applied for a Tier 4 (child) visa from the US and it has not arrived yet. Our flight is scheduled to leave tomorrow evening. There is a chance the visa will arrive before we depart for Edinburgh but a chance it will not. Can we fly anyway and have the visa mailed over or do we have to wait until the visa arrives? The purpose of our travel is to visit family in Scotland and then leave our daughter at her boarding school. Rachel's school starts Wed, Aug 22nd. It will be quite expensive to change our flights and Rachel might miss the first days of school if we can't leave on Monday.
Thanks!
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Have you submitted her/your passports with the application for the Tier 4 visa?

Kind regards,

Tom
Customer: replied 2 years ago.
No. They asked for a photocopy of her passport so that is what we sent. In actual fact, when we sent in the original application we did not know they wanted a photocopy of her passport and a check for $12. Once we were notified of the omission, we Fedexed these 2 items overnight and they were received in New York exactly one week ago today. They won't accept phone calls asking about the status of visas.
Expert:  Thomas replied 2 years ago.
Hi,

What nationality are you?

Tom
Customer: replied 2 years ago.
My husband is a U S citizen. I am a UK citizen and now I'm a naturalized US citizen. I have a US passport. My daughter was born on the US and is a US citizen with a US passport.
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

Whilst it may be physically possible for your daughter to come to the UK before her application is determined it is advisable in the strongest possible terms for her not to.

The difficulty is that if she came without her visa and entered under the visa waiver program in place for US citizens then she would breach the visa waiver program if she did not return to the US and the re-enter on her Tier 4 visa. This is because under the visa waiver program the entry is granted on the basis that it is for visit purposes only and that the person must leave the UK within 6 months of the date of entry. This includes switching to another visa category.

Therefore if she entered then simply stayed after getting her biometric visa card emailed to her then it would be a technical breach of the immigration rules. A breach of the immigration rules is a general ground for refusal for the UKBA to use on other applications. So, when she comes to apply for an extension they could (and probably would) refuse the visa which would mean that she could not continue her course.

This is all on the assumption that she would actually be granted entry under the visa waiver program. She might, but if the officials were aware that she had an application pending then they could refuse entry and put her on a flight back to the US. This could then invalidate the Tier 4 visa.

It’s difficult to swallow obviously, but in my opinion the risk is far, far too great for the sake of the sunk cost in flights.

Sorry it could not be better news.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Tom. Your answer is very clear. We will wait for the visa as you recommend.
Expert:  Thomas replied 2 years ago.
Thanks, I would be grateful if you would rate my answer though.

Tom
Expert:  Thomas replied 2 years ago.
I see that you have now rated my answer. You only have to rate it once.

Thanks and good luck.

Tom
Customer: replied 2 years ago.

Tom,


We have further questions. are you available?

Expert:  Thomas replied 2 years ago.
Yes. Please post a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards

Tom

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