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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7618
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi. Not sure if you can help here, but anythings worth a try. My

Resolved Question:

Hi. Not sure if you can help here, but anything's worth a try.

My daughter recently spent 9 months in New Zealand as part of her University course. During that time she became close to a local guy ('Kiwi'), and this relationship has continued after she left.

A few months after returning they met up again in Spain for a few days, and they both came up to the UK - Kiwi had a 3 month visitor visa, and he stayed here until the visa was close on expiring. The 2 of them (along with another couple) went for a week in Switzerland, and my daughter returned alone whilst Kiwi set about applying for another visa (he stayed with friends during this time).

Kiwi applied for a 2 year visitor visa, but was declined on the grounds that the authorities didn't believe he would leave the country after 6 months (strange statement, since he was looking at being here up to 2 years, hence the application). Both he and my daughter have been totally open about their plans - my daughter has another few months at University, followed my a year for her Masters (not sure where yet); after this time they were intending returning to New Zealand for a time (although Kiwi may have returned to visit in the interim).

So, my question. Is there anything I can do to enable Kiwi to be granted a visa? My thoughts were something like a bond/guarantee to ensure that he complies with the terms of the visa (and yes, I trust him that much).

Thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Did he state anywhere in the application that he wanted to be in the UK for two straight years?

Was he going to not work for the whole of the intended time?

Kind regards,


Tom
Customer: replied 3 years ago.

Hi
I'm not sure exactly what he stated, but based on their plans I would assume he stated that he wanted to come and go during the next 18 months or so whilst my daughter continued her education.

Work - it's a funny subject! He works for an international computer software company, USA based but out-based in NZ. He normally works from home, and is continuing to do so wherever he is (because all his work is on-line he can work anywhere he has an internet connection; the only thing he has to balance is the time zones). Because he's continuing his normal work I would assume that he's said that he won't be seeking employment in the UK, and was able to prove that he can provide for himself whilst he's here.

Expert:  Thomas replied 3 years ago.
Hi

Drafting your answer now. 5 mins please

Tom q
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience.

It’s difficult to be definitive without the reasons for refusal and detailed guidance on the documents he submitted in support of his application.

However, a 2 year visitor’s visa is subject to the strict condition that he must not spend more than 6 months out of any 12 month period in the UK. If there was any evidence suggesting that this would not be the case then the application would be rejected. Really, he should have submitted a detailed statement as to why he was applying for this visa and noted the restriction and his full intention to comply with it.

The two year visa would be on a multiple entry basis, which means that he can enter the UK as many times as he likes within the 2 year period but subject to the aforementioned 6 months/12 month restriction.

Ideally this would also have been supported by your daughter drafting and executing a sponsorship declaration in which she stated the terms of his visit, that he are to return at periodically, that if they are in a relationship then she and he both know that he must leave at the end of each visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that she shall accommodate him and shall pay the costs of any unforeseen expenses that should occur during his stay so that neither of them will need to access public funds.

Another additional restriction would be that he would not be able to work whilst in the UK. This raises the question of whether or not his carrying out his work duties whilst in the UK would be a breach of this. My view is that it probably would, or at least the uKBA would regard it as a breach and he would have to confirm that he would not carry out any such duties in the UK.

There will be no appeal rights for the application because it’s limited to human rights grounds (which don’t apply here) so the only option is to make a further application correcting the omissions/defects in the original application.

The eligibility criteria for a visitor's visa is as follow, 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 he has continuing obligations in his home country which will continue after the visit(s) and therefore convince them that he is not a risk of overstay. Things like a letter from his employer stating he has a job and is expected to return to continue that job in NZ, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available and evidence of other responsibilities that she has which will continue after the visit.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Many thanks for that.

I've passed it on to my daughter (reading it now), but I'll keep the case open for a little while in case I need to ask anything else if that's okay.

In the meantime, totally satisfied with you responses - even if they're not telling me 100% what we wanted to hear

Customer: replied 3 years ago.

Daughter is quite happy with the information, and they are looking at making another application following your advice to the letter.
The only moot point is that, having already said that he was doing his NZ work whilst here, will that go against him on his next application?
I take it also that there's no mileage in the bond/guarantee idea that I mentioned?

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

The declaration of sponsorship would effectively be the bond/guarantee that you refer to.

If he has mentioned that he was going to "work" remotely here, then this could be a problem if the UKBA noted it but if he was rejected because they were not convinced that he would return home then this is a slightly different reason. If they were concerned about the work element then they would have stated it, I would think.

Kind regards,

Tom
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