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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My son was just denied a Visitor Visa to the U.K. He is an

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My son was just denied a Visitor Visa to the U.K. He is an American citizen who studied in St. Andrews for 4 years. He graduated this June. In July, he married his pregnant British girlfriend in California. She returned to the UK in August to have her baby. My son flew to London in early October to be with her during the birth and thru Christmas. Their plan was that he would return to the U.S. after Christmas and she would join him here after the baby was six months or son. However, he was detained at the airport and flown back to L.A. They told him to formally apply for a visa, which he did, and that was now DENIED. Do we have ANY recourse? This is insane. No Californian, from Orange County, would want to move to London to sponge off the NHS. Is there a chance of some sort of Human Rights appeal? My new daughter-in-law's pregnant Irish neighbor just had her African boyfriend join her on an "asylum" appeal. But my MARRIED American son, from Orange County, is denied a visa? Is there anything we can do? 

Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  Howard replied 8 months ago.
What visa did he apply for and what was the reason for refusal? The usual reason would be that they felt he was likely to remain in the UK.
Customer: replied 8 months ago.

We haven't yet received the refusal notice. We applied for a standard Visitor's Visa. That was what the immigration officials said we should do -- NOT a family visa. The paperwork comes tomorrow. But I believe, yes, that will be the stated reason: insufficient proof that he will return to the USA.


 


We gave them bank statements that my son has plenty of money. Proof of insurance covered. Proof of a (part-time) job. Proof that he is taking an accounting class in January. Affadavits from many people that he has no intention of staying in dreary Britain.


 


I'm told the immigration officials now insist you must have proof of a home mortgage, a full-time job., etc., or you are "at risk" of overstaying. Does that mean every American under the age of, say, 30, will be automatically denied entry to the U.K?


 


Should we alert all American tourists under the age of 30 NOT to visit the U.K. or risk being deported at the airport?

Customer: replied 8 months ago.
Relist: Answer came too late.
Expert:  Howard replied 8 months ago.
I don't think the alert needs to be put out just yet.

You might also like to consider that we do sleep in Britain during the night and you will usually need to wait until people are awake for an answer.

You should have applied for a family visit visa rather than a general visit visa.

If someone is applying to visit his wife and child then that would indicate a strong reason for staying in the UK and therefore strong reasons for the caseworker to believe the applicant will return to his home country should be provided.

I suggest that you ask a question once you know what has actually happened. A human rights case would be a ridiculous way to proceed as he would have started his class and his wife would probably have had time to go to the US by the time the case would get anywhere. An application for the right visa evidenced in the right way would be the way to proceed.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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