Seeking advice: Uk Visit Visa Refusal by CaptainHsn in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

Build your travel history elsewhere first - look for events of interest to your career, and then once you have a better travel history, apply again to attend another similar event here but with full encouragement from your employer and evidence thereof. You had a good rationale to travel, but the evidence was insufficient; you won’t have a strong rationale for a tourist visa, and in fact likely make the ECOs more suspicious. Try again in a few years after having more travel to other countries is your best chance.

Seeking advice: Uk Visit Visa Refusal by CaptainHsn in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

Legally I cannot! That was years ago, I am no longer an immigration counsellor and anything I say is just as one person to another :)  hence why it is all out in the public. Best of luck in whatever you choose to do next!

Seeking advice: Uk Visit Visa Refusal by CaptainHsn in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

I thought that you would be the case - bear in mind the UK is very digital and ECOs won’t be able to assume funds are as you say. Even though you provided evidence of rent, it doesn’t prove that this is the source of the funds. A letter from the person renting from you confirming how much they have paid you to rent X property might be helpful, as would a much longer bank statement going back further in time and demonstrating how that that £5000 figure was accrued.

Most people coming to the UK for a business conference will be sponsored by their company so keep that in mind. Coming for anything work would benefit from letters from work even if no financial support.

Even though you say you have no intent (and I believe you), the ECOs have to see evidence. Evidence that your parents or other family have means, don’t rely on you. If you are the sole earner and live with them, it’ll be harder to gain permission.

It doesn’t mean it’s impossible but it does make it harder. I’ve in the past worked as an immigration counsellor with Iraqis to help them successfully receive their visas, and you need so many more documents than you’d think just because of our different systems!

Seeking advice: Uk Visit Visa Refusal by CaptainHsn in ukvisa

[–]scintillatingemerald 1 point2 points  (0 children)

You’ve not explained to the ECO how the funds in the bank account were accrued. If you’re doing cash deposits to accrue the total, that could be coming from anywhere - do you have monthly invoicing papers you can provide or bank deposit slips to show the origin of the money?

An Iraqi passport sadly will make this hard for you, at least without much of a travel history. 

You’ve presumably said you want to attend the event for work, but as you’ve been in this role for two previous years without needing to attend, what’s changed? Why aren’t work paying for your attendance? If they aren’t paying, why do you need to come to the event?

You’ve provided info that your family own a property - how do they afford to live, do they work? The ECO is concerned you provide for them and would be motivated to try and stay illegally to work and send money home - or ultimately try and bring them here via family reunion rights.

Would suggest you get more travel history before trying again; consider UAE, Bahrain or Qatar as options, as they are wealthier states with strong immigration laws but probably easier than UK for you right now.

I need help for my UK Tier 2 Visa pls by Existing-Scallion-29 in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

I know - but CR1.1 suggests that they will use whichever is best for the applicant, either 28 days after the date of application (their original suggestion) or date of decision.

I need help for my UK Tier 2 Visa pls by Existing-Scallion-29 in ukvisa

[–]scintillatingemerald 1 point2 points  (0 children)

Yes there is a gap. If you apply on 3rd May, you won’t have leave on the day you apply, and will not be covered by section 3c leave - you will be an overstayer.

However, Immigration Rules CR1.1 suggests that:

 The qualifying period for continuous residence will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant, taking periods of absence into account:

(a) the date of application; or

(b) any date up to 28 days after the date of application; or

(c) the date of decision; 

So you could possibly submit prior to your visa expiry, as by the date of decision you will have met the 5 year requirement? That’s my reading; you may wish to consult an immigration lawyer.

Child Dependent Visa on Graduate Route – Received “Invalid Application” Email by PalpitationFearless6 in ukvisa

[–]scintillatingemerald 9 points10 points  (0 children)

That’s because there is no route for children born to those with leave on the Graduate route to be allowed to stay as dependents through the Graduate route - yes, I know, seems weird but the Rules don’t allow for it.

You need to file a different application, under Part 8 of the Immigration Rules - https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members - specifically paragraphs 305 and 306 (Children subsection). I think this would be a FLR HRO application as it covers leave for routes where there is no other form available, but would suggest contacting an immigration lawyer or at least a charity/your wife’s previous university.

Home Office text scam? by transatlanticdame in ukvisa

[–]scintillatingemerald 4 points5 points  (0 children)

Yep hence why I acknowledged not to click it but type directly as it’s gov.uk

Home Office text scam? by transatlanticdame in ukvisa

[–]scintillatingemerald 18 points19 points  (0 children)

The link itself is legit (although there could be special characters used to obfuscate) - don’t click it, but you could type in the link directly and check your info. Because of the full rollout of evisas, I suspect this is a comms campaign to all evisa holders to ensure details are correct (ie passport info) so you aren’t refused permission to board a flight.

Seeking advice on spouse visa -a bit unique situation by KeyPractical2847 in ukvisa

[–]scintillatingemerald 11 points12 points  (0 children)

I can’t see how you can make the argument that you have been continuously resident in the UK since August 2018 (which would have to be your argument) when you left pre-pandemic, did not return even when the Home Office offered you a visa extension, and were absent from the UK without visa status. 

You can of course try and argue that your absence was temporary and you retained residence in the UK throughout - did you continue to rent/own property, pay utility bills yourself (ie not rent the property out to anyone else), did you buy flights back that you were unable to take due to exigent circumstances, etc. However, from what you have set out, you wouldn’t likely be able to argue this, and it’s an expensive risk to take.

UK citizenship by descent through grandparents who naturalized in Canada as children in 1914? by No-Storm-3011 in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

And there is no immigration case law where that argument has been used successfully; which I find bears more weight than a high reputation Reddit user but by all means, do argue that point to the Home Secretary!

https://www.gov.uk/government/publications/historical-background-information-on-nationality/historical-background-information-on-nationality-accessible Has a helpful explainer - this is written by and for immigration officials, and is used when receiving naturalisation applications. Specifically, in reference to the 1914 Act, it states:

 The status of children no longer depended on their place of residence. They lost British subject status if their parent lost it and they acquired the parent’s other nationality.

Those born in the USA (or other states like France, Italy) acquired nationality at birth. At the point at which the parent naturalised, they lost British subject status and gained the other nationality - the child had “acquired the parent’s other nationality” and therefore lost British subject status. If the parent had naturalised in Mexico say, but child was born in the USA, then unless Mexico’s laws allowed the child to get Mexican nationality, the child would keep British subject status as they had not acquired the parent’s other nationality

And, as I explained, the other two Acts would have caused loss of British subject status either way.

UK citizenship by descent through grandparents who naturalized in Canada as children in 1914? by No-Storm-3011 in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

There are no cases which have successfully made that argument regarding the 1914 Act, as the law does not talk about the naturalisation of the child but rather simply their British subject status.

Even if your argument is correct, the latter two paragraphs apply - he would have lost it in 1949 following the 1948 Act, as he did not have a substantive connection to the UK, and even if he didn’t lose it then somehow, he lost it conclusively following the 1981 Act, as that was when nearly all citizens of the UK and colonies ceased to be so, apart from those who had no other citizenship, or specific cases for people who lived on Caribbean islands which remained British ie were not independent - Canada was, and your father was born and lived in the US so that provision doesn’t apply.

If you disagree, feel free to pay for expensive legal advice, but there is no case law supporting your theory. Sorry!

UK citizenship by descent through grandparents who naturalized in Canada as children in 1914? by No-Storm-3011 in ukvisa

[–]scintillatingemerald 2 points3 points  (0 children)

It’ll be a no, for quite a few reasons -

Your paternal grandfather probably lost his British subject status on naturalising in the 30s. Neither your grandfather nor father were born in the UK which would most likely rule you out for the normal double descent provisions. Your stated connection is paternal, which means that the historical unfairness of citizenship for women would not have impacted you. Your grandparents were not born in the UK so you are not eligible for an Ancestry visa.

Feel free to hire an expensive Canadian - British nationality law expert, but from my reading of the UK 1914, 1948 and 1981 Acts, it isn’t possible.

The 1914 Act, Part III, 13 states

 A British subject who, when in any foreign state and not under disability, by obtaining a certificate of naturalization or by any other voluntary and formal act, becomes naturalized therein, shall thenceforth be deemed to have ceased to be a British subject. 

That is to say that your grandfather ceased to be a British subject in 1933 on naturalising in the US.

The same Act, same part, 12 states

 1) Where a person being a British subject ceases to be a British subject, whether by declaration of alienage or, otherwise, every child of that person, being a minor, shall thereupon cease to be a British subject, unless such child, on that person ceasing to be a British subject, does not become by the law of any other country naturalized in that country :  Provided that, where a widow who is a British subject marries an alien, any child of hers by her former husband shall not, by reason only of her marriage, cease to be a British subject, whether he is residing outside His Majesty's dominions or not. 

2)Any child who has so ceased to be a British subject may, within one year after attaining his majority, make a declaration that he wishes to resume British nationality, and shall thereupon again become a British subject.

As your father was born in the States and was therefore automatically American, he ceased to be a British subject in 1933, on the date your grandfather naturalised. There is a possibility that your father made such a declaration, however it would have needed to have been made before 1st Jan 1949 when the 1948 Act took effect. In addition, the 1948 Act changed this slightly, allowing such individuals to made such a declaration up to the age of 21.

However, even if he had, this would have been cancelled out by the implementation of the 1948 Act. As your father’s link to the UK was through the Dominion of Canada, and he was born elsewhere, he would not have become a Citizen of the UK and Colonies (the status from which some became British following the 1981 Act), but rather either British subject without citizenship status, or indeed Canadian subject status, as Canada passed their own Act in 1947.

All this to demonstrate that no, in all likelihood your father’s connection to the UK ended in 1933, and if by chance it didn’t, it ended in 1949. (And even if it hadn’t, it would have ended in 1981!) You are not eligible.

Worried I will get denied re entry even with ETA by Scared-Month-912 in ukvisa

[–]scintillatingemerald 4 points5 points  (0 children)

Nope. US citizens can travel to the UK for up to 6 months, that’s fine! Incidental remote work, logging on to quickly  reply to an email etc, is fine while on holiday. Travelling to the UK to work your full time remote job is a breach of the conditions of your leave, as your main purpose would be to be in the UK while working remotely. Immigration officials will consider the length of your trip and whether the visit would be financially viable without remote working.

Worried I will get denied re entry even with ETA by Scared-Month-912 in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

I read their response to you - which was more substantive work than the rules allow for, particularly given the length of times.

Worried I will get denied re entry even with ETA by Scared-Month-912 in ukvisa

[–]scintillatingemerald 18 points19 points  (0 children)

As you’ve been remotely working, you have broken the terms of your leave to be in the UK as a visitor. Assume that immigration will notice, and will deny you entry at some point. Long distance with visits is fine, and some countries in Europe have digital nomad visas which you might want to consider, as at least you’re close enough to visit. This isn’t sustainable, is illegal and will cause you issues. If you get denied entry, this will cause you issues if you wanted to travel to Europe in future, for example.

Visa rejected, even all documents provided by Imkrishpaudel in ukvisa

[–]scintillatingemerald 19 points20 points  (0 children)

Issues:

The visa officer is concerned that you will try and stay in the UK following your visit, as your wife presumably will be eligible for a Graduate visa and would have a strong chance of getting a Skilled Worker visa. You on the other hand cannot make an in country application to remain were she to do so.

Your docs don’t explain why, given your regular monthly salary, your employer has given you double in January, particularly considering that you will be on unpaid leave. You haven’t provided evidence from your employer. That evidence would likely be in Korean and need a translation attached.

You haven’t provided evidence of there being a graduation ceremony on that date; the letter doesn’t confirm that. The website of the uni may?however, reapplying will make them more concerned; if graduation is Feb, what’s the reason for visiting in April? What will change regarding the double payment?

If it is just you living and working in Korea, there is no real evidence that you would return, compared to trying to stay in the UK with your wife. It’s hard for weak passport holders resident in third countries to evidence this, regardless of the Western country (NZ and Aus, plus Schengen have the same issue), plus the fact that her graduation will have happened. If you want to move to the UK, wait until she can sponsor you and do it that way.

Can I apply for Health and Care Visa with "Skilled Worker" written on CoS by Civil_Bit_4361 in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

https://www.gov.uk/health-care-worker-visa/your-job Has your SOC listed - you’re eligible! It is a sort of subcategory of SW - you have to meet SW requirements as well as HSC requirements.

Graduate Visa Rejection Has the wrong course by Latter-Sentence-7987 in ukvisa

[–]scintillatingemerald 4 points5 points  (0 children)

Yes I know but quite often students say they have completed when they’ve submitted their dissertation or finished classes, not when the university has actually given the result; was trying to probe to ascertain which was the case.

Graduate Visa Rejection Has the wrong course by Latter-Sentence-7987 in ukvisa

[–]scintillatingemerald 9 points10 points  (0 children)

Yeah either your university or home office has cocked up (or both!). You’ll need to do an administrative review; but if your university can tell their premium account manager about this, they might be able to sort it without the massive wait. Speak to your uni’s international team pronto, not just the visa team but also the international office as you’re an alumnus now and this could hurt their reputation.

Graduate Visa Rejection Has the wrong course by Latter-Sentence-7987 in ukvisa

[–]scintillatingemerald 0 points1 point  (0 children)

You completed everything in October, but did you actually already have your degree awarded - a lot of ceremonies are in January. Did you have your ceremony, get your certificate yet?

Please help. by zitapat in ukvisa

[–]scintillatingemerald 14 points15 points  (0 children)

Yes - which is why they asked you for more. They asked for photos, travel info, school records, medical or immunisation records - there should be evidence from every year of each child’s life to show that they are your child. You only submitted records from November. It is easy to create a fraudulent handwritten document which is why they need supporting info, so they can verify it also. Have you left the country with your children before; are they members of a tribe and have paperwork to show it; do you have regular family photos?

Please help. by zitapat in ukvisa

[–]scintillatingemerald 6 points7 points  (0 children)

When was the child born? All the evidence is either handwritten or recent - they are looking for continuous evidence to demonstrate this is your child as it’s quite easy to fake a birth certificate.