1 Year Visit Visa - Denied

Hey all,

I thought I had everything lined up in order for this process to go smoothly, but it seems that I was very sadly mistaken. Last month, I applied for a 1 year visit visa to the UK. They took little time to return a refusal of entry clearance. The ECO stated that my application had been refused due to the fact that he wasn't "satisfied, on the balance of probabilities, that you met all of the requirements of Paragraph 41-(i) (ii) of the Immigration rules."

Those rules state:

(i) are genuinely seeking entry as a visitor for a limited period as stated by you, not exceeding 6 months; and
(ii) intend to leave the United Kingdom at the end of the period of the visa as stated by you

I submitted the following supporting documents along with my application:
-4 months worth of saving account statements
-letter from my previous employer as proof of previous employment and salary amount
-DUI conviction court papers
-5 page itinerary

I'm self employed, and the last project I had been working on recently ended, so I thought this break would be a good opportunity for me to take an extended vacation. I have no job lined up for when I return, though I will almost certainly go back to work for the same company. I've also sold my car and moved out of my apartment as there was no point in wasting my money on those things during the year of my absence. I obviously had no idea that I might need to prove that I'm going to come back after a year. I've never felt tied down to any one place I've lived, and have never considered how I might prove to someone that I'll be there in a year's time.  The only thing I have is my word, and I'm completely at a loss as to how I could convince a stranger through the mail that I am a man of my word.

I've been looking forward to this trip for some time now. I thought that as long as my paperwork was in order and I showed a healthy bank balance, I would be happily waived through. I'd love to hear any advice or anecdotes, and am also interested in your recommendations for UK immigration lawyers.

-Rob

hi there,
you cant come to the UK for a year.
you can get a years visit visa but teh most you could visit is 6 months in a rolling year.

plus the fact that you sold your car, moved out of your apartment , have no job lined up will make the officer think that you are not a geniune visitor . All things that you have done made the officer think that you might seek employement / plan to settle in the UK    as you have no more ties to the USA. 

sorry mate.

I have no job lined up for when I return

I've also sold my car

moved out of my apartment

I've never felt tied down to any one place

uh-oh.

The only thing I have is my word, and I'm completely at a loss as to how I could convince a stranger through the mail that I am a man of my word.

I am not an immigration lawyer, but having worked for the BIA as it then was, I know that it's not what you say or write or promise that matters, but their assessment of what you are like and what they think you might do. You are, clearly, on your own admission, a person who could easily settle anywhere, (i.e Britain), with nothing much to go back to.

I thought that as long as my paperwork was in order and I showed a healthy bank balance, I would be happily waived through.

Nope. Was that "waived" a Freudian slip?

you cant come to the UK for a year.

No, moon.  The one year thing has to do with something else, not this.

Otherwise fine.

oh thanks for the correction garry!

Thanks for the replies everyone. Even though it's not what I was hoping to hear, it's what I was expecting. Of course, the fact that I moved out of my apartment, sold my car, etc was not disclosed in my application. I'm simply looking for anything I might be able to use to show that I have intent to return to the states. I have a storage unit in my name. I could buy another car, but that just seems like a waste of money at this point. What if I changed my plans to spend only 6 months in the UK? With this denial on my UK 'record' would I have a hard time getting a shorter visa (or simply showing up at Heathrow and being allowed in?)

-Rob 

Simply changing plans does not correct the problems with your application that you were denied for.  Whether it's one week or one year, you still don't have anything to prove your ties, and will probably still be denied.

Given your denial, I'd think that the best thing would be to apply for a visit visa, rather than hoping to get one at Heathrow.

You do need to show your ties in the US, though. A letter from that employer stating that you have a job there starting on whatever date; a lease on some sort of housing; something that shows you have family and friends in the US that you'd be returning to.

I'd guess that a storage unit and even a car don't go very far in showing intent to return.

As contrex said, it's also down to what the perception of you is. You'd be amazed at what bits of personality (and intentions) come through in even the most mundane bit of writing...

I think you are stuffed for the time being.

Standard visit visas are for 6 months.  Visit visas for longer duration (1 year, 2 years, 5 years) are only given to people with demonstrated close ties to the UK who come frequently, such as parents of people who have settled here.  A 1 year visit visa does not entitle someone to come to the UK for 1 year, it entitles them to come for a maximum of six months within the year, so is used for frequent, shorter visits.

This application would never have succeeded, because if your itinerary placed you int he UK for the whole 12 months then you admitted that you were going to breach the terms of the visa.

My suggestion is to find a different country to visit, and look at the rules a bit more closely first.  I would guess that, in your present circumstances and bearing in mind your planned itinerary, you would be lucky to get a visit visa for the UK for several years.

Vicky

That took some kahunas for selling your car and moving out of your apartment BEFORE finding out if your visa would be approved or not. I'm sorry and I'm not trying to be funny, but didn't it occur to you not to count your chickens before the eggs hatched??

I held off selling my car until the day my flight left. I didn't want to risk ANY chance that I would be stuck in the US without a car.

I held off selling my car until the day my flight left. I didn't want to risk ANY chance that I would be stuck in the US without a car.

How did you manage to do that? Sell it that fast, I mean. I've been trying to figure out how I'm going to do that.

How did you manage to do that? Sell it that fast, I mean. I've been trying to figure out how I'm going to do that.

eBay motors has been the way we've done it in the past, and it's worked very well.

/threadjack

How did you manage to do that? Sell it that fast, I mean. I've been trying to figure out how I'm going to do that.

I happened to luck out because another teacher friend I worked with asked me if I would consider selling it to her for her teenage grandson. However, I also had it listed on Craig's List ('97 Saturn...less than 150K...for $800...Bluebook was $830 considering the cosmetic damage) and I got loads of interested buyers.

In addition to that, the car ran into some mechanical issues the week I was due to leave (go figure) and she started to back out saying she didn't know if she wanted to buy it and have to make that repair. Lucky for me, the mechanic I took it to told me she was getting more than a deal considering what I was selling it for and if she backed out, he would buy it that day and allow me to drive it until the day of my flight. She realized this as well and ended up agreeing she would do it after all...but I didn't sign over my title until the morning before I left because I flew Lufthansa airlines and learned they had just gone on strike a day or so before, so I wanted to make sure my flight wasn't cancelled.

It worked out though. And I sooo heart Craig's List anyway, hehe.