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Perhaps. I had a very complex case with UKVI. Essentially I…

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Perhaps. I had a...

Perhaps. I had a very complex case with UKVI. Essentially I had been granted a hearing with the Upper Tier Tribunal on the grounds that a First Tier Tribunal judge had erred on a point of law. Unfortunately I had to leave the country to find work and by doing so negated my application. Upon returning to the UK I was stopped at the airport in Inverness and questioned about my return (which was nothing more than a visit to my wife and child who are British) I was given a week to attend to my affairs and then would be removed if I didn't voluntarily leave. I left on the UKs money and have since re-applied to come back on a tourist visa which was just denied.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Im an American citizen married to a British (Scottish) citizen with a British daughter. Our case was well documented in the newspaper The National. Essentially I have been told that I can't return to theUK even as a tourist even though our home is in Scotland.

Lawyer's Assistant: Have you talked to a lawyer about the visa?

Our attorney was disappointed that I left the country to work. We sat for over 2 years in the UK waiting for an answer before finally getting the good news that an UTT judge had overturned the decision of the FTT judge but somehow me leaving the UK has somehow made me a persona non grata now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There simply is a lot to speak about in this case. But Im sure this is a good place to start

Submitted: 9 months ago.Category: UK Law
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Answered in 3 days by:
12/27/2017
Solicitor: frantzgregory, Lawyer replied 8 months ago
frantzgregory
Category: UK Law
Satisfied Customers: 929
Experience: Principal at Gregory & Co Lawyers
Verified

Hello I appreciate there is more to this etc but if you applied to settle in the UK with your British wife and you had your appeal granted to the UT but yet you say you had to leave the UK to find work in the US?

I am not sure why you are here asking for advice when you would have been advised of the implications of leaving the UK and you were well informed but you went against advice and choose to leave. You cannot say you want to settle in the UK but then applying for jobs in the US. This does not make sense.

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Customer reply replied 8 months ago
I was in the UK for over 2 years waiting for a response from UKVI. We used up all of our savings waiting and I had to leave to find work to support my family.
Solicitor: frantzgregory, Lawyer replied 8 months ago

Your application would have been based on your wife's income. Your wife is British and would have been expected to be in employment. Your application was based on the fact that you applied to join your wife permanently in the UK so whether your application was delayed for 2 years or not is non sequitur. You didnt need to leave the UK to find work to support your family.

The situation this has created is self inflicted and supports the notion that either you never intended to settle in the UK or you are not able to support your family in the UK and therefore any further application you make is likely to fail. Perhaps you should consider your family move to US instead.

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Customer reply replied 8 months ago
I don't believe you have all the fact sir. I had no ability to find work in the UK. I wasn't allowed to work while I was waiting for a decision. As I said in my original email our case was highlighted by our MP and newspapers. We work abroad but have our home in the UK. Specifically Scotland and have had for 10 years. I applied for leave to remain in August 2015 under an unusual circumstance. We had just returned from our jobs aboard and less than 48 hours from arriving I had a severe heart attack. I applied for leave to remain as I was simply to unwell to travel for over a year after the heart attack. My application wasn't based on a spousal visa
Solicitor: frantzgregory, Lawyer replied 8 months ago

What was your initial application based on then? You said leave to remain but on what basis. it is irrelevant whether you had publicity on your case or your MP intervened. The rules apply the same way. I do not understand from what you have said so far the legal grounds for your application other than through your wife who is British. Your child being British is irrelevant because you are in a relationship with his mother. This may be the point of your legal challenge but it is not a strong one.

In any event you have played into the hands of the home office by abandoning your appeal and any application you make now must fulfil Appendix FM rules to succeed.

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Customer reply replied 8 months ago
leave to remain based on family route/settlement.
Solicitor: frantzgregory, Lawyer replied 8 months ago

So family and private life then? OK what was the reason for refusal

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Customer reply replied 8 months ago
I had applied from within the UK which was not a normal route. But I had to apply from within as I had suffered and survived a major heart attack that required a lot of recovery time. We received notice on October 30 that the Upper Tier Tribunal judge, Jane Coker had overturned the First Tier Tribunal judges decision and that a UTT would be granted at a date to be determined but we simply had exhausted everything we had waiting for this moment. I could not risk our family losing everything so Ieft to find work which I haven’t yet. Staying with my sister in the USA just now
Solicitor: frantzgregory, Lawyer replied 8 months ago

OK. The option available to you now is to make a fresh application for a spouse visa. However for this application to succeed your wife must be in employment with income of at least £18,600.

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Solicitor: frantzgregory, Lawyer replied 8 months ago

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