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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6444
Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter is American and married an Englishman three years

Customer Question

My daughter is American and married an Englishman three years ago. They recently had their first child (July 7). This is my first grand child. I want to rent an apartment in Cardiff, Wales,UK. This is where they live and work. I own a home in Midland, Texas. I plan on returning here a few times a year but would like to stay in Cardiff longer than the 6 months of a year. Is there a way I can do this?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

 

Would you propose to work in the UK?

 

Tom

Customer: replied 1 year ago.
No I would not work
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I am afraid that your daughter and son-in-law are correct. In order to stay more than 6 months of the year in the UK you must have a visa other than a visitor’s visa.

If you are not going to work then this rules out a work visa but these are quite restricted at the moment any way. You would most likely (were you so minded to work) have to obtain a job offer from a licensed sponsor of work migrants for a job which is either on the Jobs in Shortage occupation list (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf) OR by for which no resident member of the UK workforce is willing to do at the salary offered (which is very difficult in itself).

The relevant visa for parents of children who are based in the UK is also not helpful to you. Unfortunately. These are only available where the parent based in another country (ie. you) is not able to carry out normal day-to-day tasks and requires care to help themn which is not available in their home country. Confirmation here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/
If this does not apply to you then you would not be able to apply under this category.

On this basis there is no visa category suitable for your purposes I am afraid.

Applications based outside the UK immigration rules are sometimes granted on a discretionary basis, but this is usually because there is a significant human rights element (ie. to remove them would split them from their family unit ie. wife and minor child, or where it would be determental to their health. I would not be confident that you would have a chance of arguing this in your case unfortunately.

Additionally, if you were planning on visiting the UK multiple times or a number of times in a few years where your total stay gets close to staying 6 months in the UK in any 12 month period then I would advise that you apply for a multi-entry visitor’s visa before you travel, as opposed to attempting to travel in the normal way without a visa that US citizens usually do. Immigration offiicials here can get sniffy about travelling multiple times under the visa waiver program or by staying nearly 6 months in any 12 month period a few times. .

I am sorry that I could not have better news for you.


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: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
How do I apply for a multi entry visitors visa?
Expert:  Thomas replied 1 year ago.
Hi

May I please answer later? Couple of hours, I'm on the way home now..

Tom
Customer: replied 1 year ago.
Yes, thank you.
Customer: replied 1 year ago.
Tom
I am an artist. I have done well selling my art in the US. I would consider myself retired now and just teach a little to friends and paint for my own pleasure and family. Could I take some art classes at a University in Cardiff and be a student? How do students stay? My daughter got her masters in International Journalism at the University of Cardiff.
I'm 60 years old and I'm not looking to stay in the UK. All the rest of my family live in Texas. My main purpose for going is to help my daughter with her baby and for me to enjoy being his Grandmother. My daughter works for NUS OF WALES and is off for some time. The baby is just 6 weeks. My son in law is a professor at the University of Cardiff. They would both like to get back to work with sleep at night. That's where I could help.
Expert:  Thomas replied 1 year ago.
Hi

May I answer more completely tomorrow morning please? I'd prefer to go in to more detail then?

Tom
Customer: replied 1 year ago.

That would be greatly appreciated.
Expert:  Thomas replied 1 year ago.
No problem. About 1030bst.

Tom
Customer: replied 1 year ago.
"FAO Tom only"
I pressed the excellent face. I don't know why it didn't go through.
Expert:  Thomas replied 1 year ago.
Hi

Don't worry about that..
Expert:  Thomas replied 1 year ago.
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