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Topic: Do I need a VISA  (Read 1076 times)

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Do I need a VISA
« on: April 25, 2017, 06:46:37 AM »
Wondering if anyone has the needed info about this. Let's say I buy a house in the UK and want to stay in it for 3 to 4 months per year during the summer months. Is this just a normal vacation that only requires my US passport or would I be required to obtain some sort of part time residency permit/VISA? I own my home here in the US and my plan is to have a secondary home. I am currently talking to some folks in the chit chat thread and there seems to be uncertainty there as well as to what the rules would be for someone in my somewhat unique situation.
Bryan Jamison


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Re: Do I need a VISA
« Reply #1 on: April 25, 2017, 07:41:56 AM »
Every time you entry the UK, you apply for a visa, just as a U.S. citizen- tourist visas are usually issued at the border in entry, hence the stamp in your passport. Every time you enter, you must prove you are a genuine visitor, and if you own a home in the UK, that will be difficult. Plus frequent trips out and back into the UK over a couple months will raise suspicion and the immigration officer would have the right to refuse you entry.

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Re: Do I need a VISA
« Reply #2 on: April 25, 2017, 08:31:07 AM »
Suspicious of what though?
Bryan Jamison


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Re: Do I need a VISA
« Reply #3 on: April 25, 2017, 08:38:33 AM »
They could be suspicious that you are trying to live or be a resident if the UK without a visa.

In other words, yes, you will need a visa if you want to successfully act on your plan.  The visa for this type of plan was eliminated a couple of years ago.  At this point, the only option would be an investor visa where you invest a minimum of £1 million in a UK business.


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Re: Do I need a VISA
« Reply #4 on: April 25, 2017, 08:47:46 AM »
I am not sure about this. It is at least popularly recognised that there are many out-of-country home owners. Many, it seems, see Britain's housing market as a sure bet.

I think those cautioning are approaching from the stance that the UK holds the view (and enforces) that visitors should not be living in the country as de facto residents.

I am not so sure. I would advise, considering the amounts/legalities involved, seeking legal counsel.   
I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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Re: Do I need a VISA
« Reply #5 on: April 25, 2017, 08:53:56 AM »
I am not sure about this. It is at least popularly recognised that there are many out-of-country home owners. Many, it seems, see Britain's housing market as a sure bet.

I think those cautioning are approaching from the stance that the UK holds the view (and enforces) that visitors should not be living in the country as de facto residents.

I am not so sure. I would advise, considering the amounts/legalities involved, seeking legal counsel.

You are correct.  Owning a house, as an investment, in the UK is NOT illegal in the slightest.  Many homes are owned by foreigners.  Bryan will be able to purchase a home in the UK without the slightest hiccup or scrutiny.

It's the trying to live in the house part of the year that is going to not work.  He could *maybe* get away with visiting once a  year for a few years and not leaving the UK during that time before he runs into any trouble.  But if he wants to travel to other European countries, he'll be lucky to be successful for a single year.  That's why he needs to get a visa that allows him to be a resident.  Otherwise he's going to have a big investment in a property but not be able to actually come and stay in it.  Unfortunately it's just the extreme anti-immigration sentiment of the UK!


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Re: Do I need a VISA
« Reply #6 on: April 25, 2017, 09:43:02 AM »
At this point, the only option would be an investor visa where you invest a minimum of £1 million in a UK business.

2 million.


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Re: Do I need a VISA
« Reply #7 on: April 25, 2017, 09:45:02 AM »
Another change I didn't catch!

Eh, at least it's still there as an option.  Won't be long before that's scrapped.... though to be fair the UK is all about the money, money, money - so they might keep it around for a bit longer.   ;)


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Re: Do I need a VISA
« Reply #8 on: April 25, 2017, 09:45:47 AM »
It's the trying to live in the house part of the year that is going to not work.  He could *maybe* get away with visiting once a  year for a few years and not leaving the UK during that time before he runs into any trouble. 

Yep. Owning property in the UK does not give that person the right to enter the UK.


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Re: Do I need a VISA
« Reply #9 on: April 25, 2017, 05:43:05 PM »
Exactly what kfdancer and Sirius have stated. Suspicious of you trying to reside in the UK illegally.  Unfortunately, you would fall under the immigration officer discretion, and if they refuse you once, it will be difficult for all future attempts. The country is very anti immigrant at the moment

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Re: Do I need a VISA
« Reply #10 on: April 26, 2017, 06:45:02 AM »
I have reached out to an immigration lawyer, from what I am reading on there website a "visitor visa" allows me to stay up to 6 months in the UK which is less than the time I need provided I can prove financial ability to come and go and support my family. That portion will not be an issue. I am waiting for them to call me to give me exact details. I will post what I find out.
Bryan Jamison


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Re: Do I need a VISA
« Reply #11 on: April 26, 2017, 08:54:59 AM »
I have reached out to an immigration lawyer, from what I am reading on there website a "visitor visa" allows me to stay up to 6 months in the UK which is less than the time I need provided I can prove financial ability to come and go and support my family. That portion will not be an issue. I am waiting for them to call me to give me exact details. I will post what I find out.

They will look at this guidance, well hopefully they will, and then send you their bill.
https://www.gov.uk/government/publications/visit-guidance

In that guidance for immigration officers, there is this.

"Is the applicant a genuine visitor
.................
are you satisfied they will not be living in the UK or making the UK their home through frequent or successive visits"


There are lots of posts on other immigration sites where they get refused entry as they have a pattern of a few months in the UK, return home for a few months, then want to come back for another few months etc. They are not being a genuine visitor as they are making the UK their home through "frequent or successive visits".

You seem to want to make the UK your summer home and you cannot do that on a visitor visa. You may get away with it for a few times, but when they see the pattern, they will refuse you entry.
https://uk.usembassy.gov/u-s-citizen-services/denied-entry-to-the-uk/

Remember too that apart from not having to grant you entry to the UK, that 6 months is only up to 6 months. If they decide they will let you in, they don't have to stamp you in for 6 months; it might only be for one or two weeks if they think you are not genuine tourists.

If you want to be sure the UK will grant you entry, then you and all your family can apply for visitor visas before you travel. Although that visitor visa will be for 6 months, make sure you leave when you said you would in the application: stayiing longer than they said they would but still leaving before the 6 months visa ends, is another reason they are refused future visitor visas. It can also mean a ban for these if they don't have a very good reason why they did that, as they used deception on a visa application

The UK tightened up on the immgration rules for visitors the other year, to stop those who seek to abuse their visit/s.

« Last Edit: April 26, 2017, 09:26:19 AM by Sirius »


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Re: Do I need a VISA
« Reply #12 on: April 26, 2017, 08:59:13 AM »
I have reached out to an immigration lawyer, from what I am reading on there website a "visitor visa" allows me to stay up to 6 months in the UK

Yes, this won't be a problem for me the first couple of visits.  But this is a single entry visa.  If you decide to go down to France, it cancels the visa and you have to "apply" again upon re-entry.
« Last Edit: April 26, 2017, 09:52:53 AM by KFdancer »


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Re: Do I need a VISA
« Reply #13 on: April 26, 2017, 09:47:23 AM »
I am not necessarily disagreeing.

I have always been uncomfortable trying to second guess border agents. I feel the same way about the "American women are singled out upon entry as a visitor" line. Having looked at the figures, it seems suspect.

Again the rules are as they are to stop people from being de facto residents.  The application of these rules seem to be discretionary. I cannot put myself in the shoes of those who may be making these decisions, nor make a judgement about whether Bryan would be a visitor or a resident.

However, given the nature of the investment....and acknowledging that repeated visits may trigger action, I would advise looking into it closer and seeking qualified legal counsel.

 

I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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Do I need a VISA
« Reply #14 on: April 26, 2017, 10:12:11 AM »
By the way Bryan, people here are pretty conservative about what will happen when you try to enter the UK because people are frequently turned away.  Probably more than you would expect if immigration forums are not your usual reading material.    Being put back on the first flight back where you came from is a real possibility, and that would certainly put a damper on your summer holiday.
« Last Edit: April 26, 2017, 10:13:28 AM by jimbocz »


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