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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter has a Zimbabwe passport, married to a British

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My daughter has a Zimbabwe passport, married to a British man in 1978, he and their 3 sons hold British passports. he was born in
England of British parents, I hold a British passport by decent, both my parents were born in UK, and I now live in UK...Would it be possible for me to make an appointment to see someone at the Home Office to try and plead her case for a Right of Settlement/abode visa as in Harare no-one can get past the gates of the Embassy, and have to deal through an agency which has so far been most unsatisfactory. If it is possible to get to the H>O can I make an appointment, living on the Isle of Wight not too easy to access the office. Thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Has your daughter submitted an application for a spouse visa? If so, please let me know when she submitted it..
Did she instruct a solicitor to prepare her applcation for her, or did the agency prepare the application?
Kind regards,
Tom
Customer: replied 2 years ago.

Have never heard of a " Spouse visa", but will contact her to find out, and her applications for a visiting visa have been made through an agency, compiled by herself. Re my deposit of £44, ..if this is only the deposit, how much more will this information cost me, I am really not in a position to rack up bills...in fact I actually think it would be best to end this desperate plea for help. Thank you for at least answering me , only hope your time hasn't cost me !

Expert:  Thomas replied 2 years ago.
Hi,
You won't get charged any more unless you click "accept" more than once, or if you have signed up to a subscription. I don't know if you have or not, I am just an expert and simply answer questions.
Do you wish to proceed and for me to answer or would you like me to order a refund?
Kind regards,
Tom
Customer: replied 2 years ago.

Thank you Thomas, as long as costs do not soar, please would you be kind enough to find out whether there is a solution to her problem. Visitng visa's cost $400 and as I am diagnosed with lung cancer, who knows how often she will need one. Your help is much appreciated

Expert:  Thomas replied 2 years ago.
Thanks, ***** ***** answer now. 5 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
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 she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay. Things like a letter from his employer stating she has a job (if she does) and is expected to return to continue that job, 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.
If the application has been submitted already then you can make further representations. The application will simply be either approved or rejected by the Home Office and, regrettably, there is nothing you can do to actually speed it up .
If the application is rejected then her appeal rights will be limited to s84 of the Nationality Immigration and Asylum act, which means that she would only be able to appeal if human rights grounds apply (which they probably wouldn’t do in this case) or if the decision was discriminatory in nature (eg. because of gender, race, disability etc). So, on this basis she would not be able to appeal. Even if she did have appeal grounds, out of country appeals take an extremely long time to complete (in excess of 6 months) and it would be quicker and easy to simply not appeal and, instead, submit a fresh new application.
If she is rejected then I would strongly advise instructing a UK solicitor to draft the application and advise her on supporting documents, rather than using an agency.
This would include a sponsorship declaration from you. You have to try and show them that she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay. Things like a letter from his employer stating she has a job (if she does) and is expected to return to continue that job, 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.
Unfortunately, because she has UK citizen family it puts her in a higher risk category because the home office tend to find that more of such persons overstay their visitor’s visas and attempt to settle in the UK illegally on a visit visa (which in such circumstances they should have applied for a spouse visa)
I am sorry that I could not have better news for you.
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,
Customer: replied 2 years ago.

Yes, I can understand the suspicion that having someone here might be temtation for her to ''stay'', but she has her home and their owned property, and the rest of her family in Zim...But what you didn't expand on is what a ''Spouse Visa'' is and what benefits it may have...sorry to bend your ear like this but all and any information is valuable... Can they no longer get a visa through grandparents ?

Expert:  Thomas replied 2 years ago.
Hi,
A visit visa is for the purpose of a holiday, it allows them to come to the UK for a period of no more than 6 months and then they must leave the UK before the end of the 6 months. They cannot apply to switch to another category of visa whilst here on a visit visa.
A spouse visa is for where a person wishes to come to the UK with their UK spouse and settle permanently here and live here. It's a much more complicated application than for a visit visa. The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
It allows the spouse to apply for indefinite leave to remain once they have been here on their spouse visa for 5 yeasr. They would have to extend their original spouse visa once in order to reach 5 years in the UK though.
An ancestry visa is for commonwealth citizens who have british grandparents, who want to come here permanently. Zimbabwe is not a commonwealth country and therefore she would not be eligible.
If you are a UK citizen by descent and no application was made to register her as a UK citizen before she became an adult then they only way that she would be able to get UK citizenship now would be for her to naturalise as a Uk citizen. To do this, she would have to have a period of residence in the UK, then apply for indefinite leave to remain, then apply for naturalisation thereafter.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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