# General Visitor's Visa - Reapplying



## expatting (Feb 11, 2013)

Hello, All -- apologies for the long post, but I wanted to give exact quotes.

Background: I was transferred from my job in Texas to London approximately 7-8 months ago (I hold citizenship in US and Greece.) My significant other (Sarah), whom this visa is in regards to, joined me for just under six of those months. Since she holds US citizenship, there were no issues with her coming and going as we traveled Europe. When her allotted time came to an end, she returned home to the states. She wants to return for a few months and decided to apply for the General Visitor visa. Her visa was rejected and I have provided the response from UKBA below:


1) “You currently work as a XXXX at ABC Corp. in the United States. You stated in your application your intention to continue working remotely from the UK and you provided evidence from your employer that this has been arranged. I note that the letter that you provided signed by XXX, Managing Director, does not state a definite period for this arrangement and there is no mention that you are expected to return to the office in the US at any point in the future. As your employment is mobile and there is no evidence that you are expected to return, I am not satisfied that you will continue your employment in the US.”

This is a very legitimate conclusion on behalf of the UKBA. The letter from Sarah’s company did provide approval, however there were no dates to convey the required return date. This was a big oversight on our part, however something that can easily be clarified because she is required to return.

2) “I have also considered that you state you will be seeking new employment in the United States, therefore I am not satisfied that you intend to return to the US for your current position”

This remark is in regards to a question on the application asking whether you will be looking for a job while in the UK. While filling out her application, Sarah selected “Yes” to this question out of error. She is aware of the restrictions on looking for work while in possession of a General Visitor’s visa. Sarah noted the error as she was reviewing the documents prior to mailing them off and tried to modify it online. She has learned the hard way that once you submit your application through the web, there are no changed allowed. We also called Worldbridge to see if they could assist, but they just charged us the $3/min for a recited answer. We ultimately made a small comment next to the question stating that the search would be for possible opportunities upon her return to the US. I don’t think anything could have helped her here based on the response from UKBA. Again, this is something that needs to be addressed within the cover letter stating it was purely accidental. Note to all applicants: Make sure your answers are 100% correct before you submit. (I think the last page on the application tells you the same thing, too.)

3) “It is not clear from your application what family you have in the US or what your domestic circumstances are. You have no property in the US, and based on the evidence available, it appears that you have no significant ties to the US which would prompt your timely departure from the UK.”

Again, this is a fair conclusion from the UKBA. This was a tough one for Sarah to provide. She has no mortgage, lease, or financial ties to the US. She completed her undergrad about four years ago, and upon returning from University, moved in with her father. Her job was the only evidence we provided for ties to the US. And as you saw above, the UKBA questioned her job intentions which weaken this requirement. She has about $40k in her savings, so I am not sure if maybe there was an assumption being made that she has temporary financial freedom to not be in a job if she so chooses. Any suggestions here?

4) “Paragraph 41 (iii) requires that you do not intend to take employment in the United Kingdom; and paragraph 41 (iv) requires that you do not intend to produce goods or provide services within the United Kingdom. ln question 86 of your application, "Do you intend to work in the UK?", you answered yes. As stated above, you currently work in the United States for a US based company. You have provided a letter from your employer confirming your employment and stating that you plan to continue working for the company from the UK. You therefore intend to work in the UK. Employment is considered paid and unpaid employment, self-employment, and engaging in business or any professional activity. This is considered employment in the UK, regardless of whether it is for a US based company or not.”

This was an interesting response. Although the UKBA provided evidence to logically support his reasoning, I would have to disagree with his decision. Unfortunately for us, my disagreement doesn’t help the situation. As you see here, the “will you look for a job” question that Sarah erroneously marked “Yes” has returned to haunt her. She has discussed this with her employer and they have agreed to give her time two months off work to visit the UK, in which she is required to return to the office to continue her full-time employment. 




Overall, I agree with what the UKBA returned to Sarah. We did a poor job preparing the application, and frankly, we underestimated the scrutiny given to the applications. We are going to reapply because we feel that much of the decision was based on insufficient evidence on our part. We failed at conveying a clear and concise picture of Sarah’s intentions.

I am indecisive as to whether the new application can be successful. As you have seen, there is a significant amount of concern. There needed to be more research on our part. Sarah will now have to combat future issues that arise as a result of the rejected visa on her immigration record.

Please share all comments and suggestions. Thank you!


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## bonesy (Feb 11, 2013)

Hi Expatting,

Thank you very much for sharing your experience with us, I am really sorry it didn't work out the first time round and I hope your second application is successful.

I am also in the process of assisting my girlfriend with her 'general visit' application to the UK. I have inherited so many hours into this already I really hope her visa comes back approved.

All the best,

Bonesy


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## MacUK (Jul 3, 2012)

It seems, from what you have stated here, that she was refused because she did not provide evidence that she has strong economic ties to the US. 
If you choose to reapply, be sure to include a letter from her employer, stating exactly how many days she is given off work, and what date she is expected to return. 
If she has any other financial responsibility in the US, such as renting a flat, be sure to include evidence of that in your application. 
If you choose to reapply, include the refusal letter from the ECO, and address each of the issues they have raised in a cover letter. 
I understand that the situation you are in is not ideal, but the ukba are reluctant to grant visas to people who have ties to the UK such as boyfriend, and no strong economic ties to their home country, no matter how many times she has entered the UK previously. 
That's all I can write to help you, my knowledge extends only so far, but I'm sure that some of the more experienced members can give you some better advice. 

P.S. You can always get married and then apply for an EEA Family permit (easy to obtain, no hassle with financial requirements etc.), since you have Greek citizenship, and you will be exercising your treaty rights. But again i'm not sure if you have to live in Greece with her for a while, or not, so better to wait for Joppa, or someone more experienced to reply. 
Here is the link:
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/
Good Luck!


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## expatting (Feb 11, 2013)

Thanks for the comments thus far.

I think there are some things we will be changing the second time around. Firstly, the letter from her employer will clearly state that she will have an unpaid leave of absence starting from "date" to "date", at which she will be required to return to the office.

In addition, she will include an apartment lease which will be starting upon her arrival back to the states. She was planning on taking care of this when she returned, but has no issues finding a place to live prior to the leave of absence.

There really is not much else we can do to show intent to return.


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## Jrge (Mar 22, 2011)

Hi,


expatting said:


> Thanks for the comments thus far.
> 
> I think there are some things we will be changing the second time around. Firstly, the letter from her employer will clearly state that she will have an unpaid leave of absence starting from "date" to "date", at which she will be required to return to the office.
> 
> ...


Welcome to the Forum!

Whilst UK Immigration rules isn't my strong, I could provide an insight to suggest ways on bringing your other half to the UK.

You have claimed to have dual citizenship, North American & Greek. If you and your OH have been living together for a period of 2 years, then you could sponsor her under EU regulations. It will be easy and free of cost. However, if you don't meet the 2 years requirement my next question would be: Are y'all ready to get married? It will facilitate the entire process. 

Unlike the UK Immigration route, the EU route will not consider the first visa rejection.

Animo
(Cheers)


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## expatting (Feb 11, 2013)

Jrge said:


> Hi,
> 
> Welcome to the Forum!
> 
> ...



This is a great suggestion, as we have been living together for over two years. I've had tunnel vision for the past week trying to figure out how to reapply for the general visitor visa that I didn't even think of other options.

Although we have been together for 3 years, we don't necessarily want an entry clearance to be the catalyst for marriage. However, it's absolutely worth looking into the EU sponsorship as a viable option.


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## WestCoastCanadianGirl (Mar 17, 2012)

expatting said:


> This is a great suggestion, as we have been living together for over two years. I've had tunnel vision for the past week trying to figure out how to reapply for the general visitor visa that I didn't even think of other options.
> 
> Although we have been together for 3 years, we don't necessarily want an entry clearance to be the catalyst for marriage. However, it's absolutely worth looking into the EU sponsorship as a viable option.


Not only is the EU route completely separate from the settlement visas that all of us non-EEA applicants must apply for (i.e. the one you were just refused), there is no cost to apply.

Here is some guidance on Unmarried Partners, including some information on how EEA sponsors figure into the mix.


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## expatting (Feb 11, 2013)

Jrge said:


> Hi,
> 
> Welcome to the Forum!
> 
> ...


You are referring to the EEA Family Permit, correct?


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## Adrianagtl (Aug 27, 2014)

Hi! I am now on a similar situation... At the end what happened? Did your girlfriend re apply? What was the outcome? How long did the response from the ECO take this time? 
Hope everything turned out as planned!

Thanks in advanse for your answer!


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## nyclon (Apr 3, 2011)

Adrianagtl said:


> Hi! I am now on a similar situation... At the end what happened? Did your girlfriend re apply? What was the outcome? How long did the response from the ECO take this time?
> Hope everything turned out as planned!
> 
> Thanks in advanse for your answer!


This thread is over 1 1/2 years old. Please start a new thread with your specific questions.


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