Injustice: American Citizens in the Eyes of the UK Bureaucracy

Dear Fellow Expats,

I write this to you as an utterly hopeless citizen of the US whose time in the UK will soon be coming to an end.

BACKGROUND:
I moved here to Leeds no more than 2 months ago this past November. Hopefully but doubtfully, I will be relocating to London in some time. My reasons for coming from New York to Leeds may indeed be juvenile: I am 24 years old and in love. From August of 2008 until September of 2009 I was living and working in Latin America. I met my partner in January of this year in Buenos Aires, Argentina. He is a UK national and I am not. After a beautiful time together in both Argentina and Ecuador, the two of us said our tearful goodbyes and returned to our respective countries, only hoping that we would see each other again soon.

Well, that time soon came because only two months later, I was invited to join him here in the UK for what I believed would be an indefinite amount of time no longer than 6 months- the time at which my tourists visa would expire. It was only a week ago that he, my partner received the good news that he had received the job opportunity of a lifetime down in London. Not much earlier than that, I had decided that I would like to stay in the UK for longer than 6 months. What a fool I was I suppose.

So here I am, a foolish young woman in love who has neither the means nor the money to move to London to be with him, nor the right to stay in this country. He cannot afford to support me, is not ready to marry me, and is completely incapable of offering anything more than verbal support through my tiresome efforts. I am a university graduate on a tourists visa here in England who cannot obtain a job, a work permit, a visa or any proper documentation that would legitimize me to the bureaucratic institutions of this here government. In fact, it would be considered illegal for me to do so. The only solution seems to be to go back to NY, and settle my paperwork there, though even THAT seems futile. I do not qualify under the terms of a Highly-Skilled Migrant, and have been turned down left and right by various British companies who will only hire UK/EU nationals.

THE INQUISITION:
Historically, through my perceptions, and even through and into these contemporary times, I have always thought that the US and the UK were very close partners. We fight wars together, create doctrines together and for the past few centuries, have dominated the world together. Yet these "buddy-buddy" principles do not seem to apply to the actual citizens of our two great nations. The relationship is simply political, while the people of these two countries sit idly by, watching as the various boundaries are constructed that prevent us from visiting and functioning within said brotherland.

And since I am FAR from a xenophobe, I feel that I have the right to say this: What happened? Why should one ambitious American girl be denied the privilege to live and work in the UK. She speaks the language, she knows the history (better than some Englishmen she knows), yet she must sit and wait and be denied over and over again by both country and company until she is eventually expelled 6 months after she has arrived. More audaciously than this, she must sit by and watch countless citizens of France, Slovakia, Poland and many others, as they are granted the right to live and work here in England all because of a huge, conglomerate and political pact called the EU. It seems that we of the Western Hemisphere have been forgotten and neglected as I sit here wondering how greatly this has affected me, a single solitary non-European citizen in a supposed "globalized" world.

THE QUESTION:
What am I to do? It seems that I have absolutely no options. I cannot obtain a work permit whilst I am here in the UK and it would be equally as difficult for me to do so even if I were back in the US. Every piece of advice I have received is just as pessimistic as my own notions and the only piece of hope that I have lies in the words of my partner who seems to think that there is a way around this unjust mess. Well--- is there?

Cheers to all my fellow Yanks.
Molly Louise

Have you seen the visa board?

There are several threads that list your options:  a Tier 1 or Tier 2 visa, a student visa, a fiance visa and marriage within 6 months or marriage.

That's actually more than many countries allow.

Many here have had long-distance relationships for years before marrying because that's the reality of international relationships.  There's no 'let's shack up' visa and being 'in love' is not reason enough for many governments to open their borders so people can try out a relationship.

Personally, I fail to see any injustice in this.  Governments exist for the security of their society, and so all nations need to have border controls in place as appropriate.

Again, there is much support on this board for people in long-distance relationships if you decide to peruse the forum more in-depth.

Best of luck!

I understand your frustration but I think you basically understand your options as they stand, especially if you don't want to get married.  Highly skilled migrant, work permit from an employer who is registered and willing to sponsor you, student visa (have you looked into this?).

Why should one ambitious American girl be denied the privilege to live and work in the UK. She speaks the language, she knows the history (better than some Englishmen she knows), yet she must sit and wait and be denied over and over again by both country and company until she is eventually expelled 6 months after she has arrived.

That's just the way things are.  You can't just up and move to the UK.  Yes, it's different for EU nationals.  Is it unfair?  Perhaps, but that's life.

Unfortunately, if he had come to visit you in the US he would have been required to leave after 90 days rather than the 6 months you have been allowed in the UK.

All non-EU visitors are limited to a max of 6 months in the UK and you even acknowledge that you knew you had to leave once your six months are up. So I fail to understand your reasoning about the 'unfairness' or 'injustice' of having to leave. Yeah, it sucks to be separated, but that is the nature of Long Distance Relationships.

Since 2003 visitors have been prohibited from switching into another visa category so again, you knew you'd have to leave.

No matter what, when your 6 months are up, you must go. If you don't then you'll be facing even bigger issues if you do try to return to the UK or apply for a UK visa in the future. You could be banned from the UK for 10 years...is this temporary separation really worth 10 years apart?

What you're facing is common and many of us here have had to deal with it. The best thing to do is go back to the US, find a job save up as much as you can, he can visit you for up to 90 days and in 6 months come back for a visit or if during that time you decide your relationship is ready to move up to the next level, perhaps a fiancee visa is your way to go. No matter what do not overstay.

Campaign your senator to have the US join the EU? 

Best of luck.

So here I am, a foolish young woman in love who has neither the means nor the money to move to London to be with him, nor the right to stay in this country. He cannot afford to support me, is not ready to marry me, and is completely incapable of offering anything more than verbal support through my tiresome efforts.

If neither you nor he has enough money for you to move to and live in London, how were you planning on supporting yourself?  You have to demonstrate that you have sufficient funds when you apply for any visa.  So I strongly second WebyJ's recommendation that you should save up some money when you return to the US in order to make your plans possible in the long-term.

Yeah, I am for open borders in most cases, but I don't think that Americans should have priority over anyone else.  

Why should the UK be more willing to take Americans than America is to take Brits?

I know you're upset, and I hope people read your post in that light.  There are some options for you, but I hate to say the easiest would probably be marriage or living together for a few years in a third country to establish yourselves as unmarried partners.  To do Tier 1 you'd need a masters and have other things met.

It's life.  Campaign for change to immigration policy in all countries if you feel strongly about it, but look on the bright side, at least you're not shut out of most countries and living somewhere like Afghanistan.

ETA; And to let you know that I understand how tough it can be, my husband and I married in 2001 and we didn't live in the same country until 2007.  I didn't have the permanent right to live with him until about a month ago.  So when I say "that's life", I am not saying it from a position of not knowing what it's like to want to live with the person you love.

1. I came here to the UK with enough money to support myself. And (although I should not be saying this because I know the consequences)...well... I have been given a job illegally at a cafe located near my home. This has been enough to sustain my costs.

2. I do not think that Americans should have priority over anyone else, but why should a German or a Frenchman or a European who doesn't even speak the language? Same should go for the U.S. A 90 day tourist visa is completely awful. I doubt any Senator or politician for that matter would have the power to change any of it (at least with their current, corrupt agendas).

3. I'm not one to settle the whole "that's just the way it is" argument when something is unfair. I have always prided myself and taken action in the unfair balances of open borders and civil, global equality-- so that answer is unacceptable for me.

4. I knew exactly where I stood when I came here. It just makes me so angry to see that there is nothing you can do from within the country. This I was unaware of. Argentina was much, MUCH easier.

5. Thank you everyone for your replies. I truly appreciate them.

1. I came here to the UK with enough money to support myself. And (although I should not be saying this because I know the consequences)...well... I have been given a job illegally at a cafe located near my home. This has been enough to sustain my costs.

By doing this you have already committed an offense that most likely will result in you being banned from the UK for 10 years and not only that you have opened your employer to a £10,000 fine for hiring an illegal worker.

It is things like this that give Americans a very bad reputation with UK immigration officers and why we have such a negative reputation within UKBA.

1. I came here to the UK with enough money to support myself. And (although I should not be saying this because I know the consequences)...well... I have been given a job illegally at a cafe located near my home. This has been enough to sustain my costs.

2. I do not think that Americans should have priority over anyone else, but why should a German or a Frenchman or a European who doesn't even speak the language? Same should go for the U.S. A 90 day tourist visa is completely awful. I doubt any Senator or politician for that matter would have the power to change any of it (at least with their current, corrupt agendas).

3. I'm not one to settle the whole "that's just the way it is" argument when something is unfair. I have always prided myself and taken action in the unfair balances of open borders and civil, global equality-- so that answer is unacceptable for me.

4. I knew exactly where I stood when I came here. It just makes me so angry to see that there is nothing you can do from within the country. This I was unaware of. Argentina was much, MUCH easier.

5. Thank you everyone for your replies. I truly appreciate them.

I hope you realise that you can be banned from the UK for a very long time for working illegally.

And, sadly, as unfair as you find it, this is the way it is when you are a US citizen and have a relationship with a UK national.  

The US is not part of the EU and France and Germany are.

You can throw your teddy out the pram and take as much 'action' as you wish but the US will cease to exist before it ever joined the EU.

And, if anything, the rules for non-EU nationals to immigrate to the UK will get tougher and stricter in the future.  

That's reality.

3. I'm not one to settle the whole "that's just the way it is" argument when something is unfair. I have always prided myself and taken action in the unfair balances of open borders and civil, global equality-- so that answer is unacceptable for me.

Yes, but the fact of the matter is that you are not entitled to live in another country just because we were buddies in a few wars.  You're 24, so surely you have learned that life isn't fair by now.  There are far more horrendous "injustices" in the world than not being able to move to the UK without going through a few hoops first.  Despite whatever your ideals are, that is "just the way it is".  You have to work with what you got.

Look into a student visa.  It's not cheap, but most Master's programs are 1 year and then you are eligible for the Tier 1 Post-Study Work visa.

1. I came here to the UK with enough money to support myself. And (although I should not be saying this because I know the consequences)...well... I have been given a job illegally at a cafe located near my home. This has been enough to sustain my costs.

Yes, as you are well aware, this is very troublesome and in strict violation of your tourist visa.  If it is discovered you could have serious problems getting a visa in the future.

2. I do not think that Americans should have priority over anyone else, but why should a German or a Frenchman or a European who doesn't even speak the language? Same should go for the U.S. A 90 day tourist visa is completely awful. I doubt any Senator or politician for that matter would have the power to change any of it (at least with their current, corrupt agendas).

Because that is the agreement for EU nations.  There are other countries that share a language and have similar visa restrictions as the US and the UK.  I don't think the language argument holds much water.

3. I'm not one to settle the whole "that's just the way it is" argument when something is unfair. I have always prided myself and taken action in the unfair balances of open borders and civil, global equality-- so that answer is unacceptable for me.

Then as was suggested, write to your representatives.  I'm sure if you achieve something, there'd be many UKY members who would be grateful!

4. I knew exactly where I stood when I came here. It just makes me so angry to see that there is nothing you can do from within the country. This I was unaware of. Argentina was much, MUCH easier.

Yes, well...even though you don't like this answer, that's the way it is.  Many, many people have had to deal with it and you just suck it up and do it.

5. Thank you everyone for your replies. I truly appreciate them.

You're welcome and good luck.

You shouldn't be working illegally, and you shouldn't be admitting it in this forum.  We're not the only ones who read it.

The reason people in France, Germany, etc.,  have more of a right to work and live in the UK than people in the US is because the UK wanted to join the EU and benefit from the freer trade.  The EU's ideals included human freedoms, including the right to free movement and work in the member nations:
http://en.wikipedia.org/wiki/Four_Freedoms_%28European_Union%29

The US and UK haven't come to such an agreement.  When I say, "that's life" I mean that you overstaying isn't going to change that.  Breaking the law isn't going to change that.  Although I support civil disobedience in some cases, it won't make a bit of difference here.

1. I came here to the UK with enough money to support myself. And (although I should not be saying this because I know the consequences)...well... I have been given a job illegally at a cafe located near my home. This has been enough to sustain my costs.

Stop this immediately.  Really.  Quit tomorrow.  Today if you can.  If you want to have any hope of moving to the UK on a legitimate visa, you must not work illegally.  Honestly, do you really expect the UK to grant you a visa (which is a privilege, not a right) if you can't be bothered to obey the laws? 

I do sympathise with your situation; my husband and I had a long distance relationship for a year, and it was excruciating.  But if you are really serious about your relationship, then you're going to have to make some sacrifices.  You can't change the laws so you have to deal with them.  Everyone on this board has experience with UK immigration, and we all know how tough it is.  But you will get no sympathy if you break the laws that the rest of us all struggled to comply with.  Quit the job, go back to the US, save some money, and see if your relationship lasts.  It'll be hard, but you will value your relationship and your legal status in the UK much, much more because you had to work so hard to achieve it. 

No-one on this board is going to advise you to continue working illegally. I'd suggest you depart the UK before you're caught out by UKBA and apply for a legitimate visa. Sorry if you think that's unfair, but that's just the way it is. The law is not going to be changed just because you want to stay with your boyfriend. You're not the first non EU national to have a relationship with a British person and you won't be the last. Play by the rules and it might take time but you'll likely get there in the end. Carry on as you are and you risk imprisonment, deportation and a lifetime ban from the UK. It's not an anti American policy, it's an immigration policy.