More visa questions

I haven't sent out my visitor one yet so I dont know if I will be approved or not. However I'd like to know a bit more about the student visa, and what type of school meets the criteria?

I've read about it in passing but never really read too deep since I figured the school I am enrolled in wouldn't count...but if theres any chance of it doing so it may be something to consider IF my visitor visa isn't approved.

And I was told even if the visa is approved for 2 years I have only 6 months out of the year..so what is the point in approving it for 2 years? And if I did leave and come back after the 6 months will they absolutely refuse me leave to enter? Or is it up to the individual IO?

I am so lost

To be honest, from reading your other thread I do not see the point in your applying for a 2 years multiple entry visa.  I don't think you need one, and I think there is a danger that either the ECO or the IO on entry will think that you are using it as a way to settle.

This site http://www.dfes.gov.uk/providersregister/ has a list of registered providers.  If your school is not on this list, you will not be able to get a student visa.

Victoria

Ok.. I'll be blunt.  Either get a fiancee visa or a student visa (which you can only get if you are enrolled in a full-time course with face-to-face learning).  You are trying to use a visitor visa to test the waters for 2 years with your boyfriend.  I understand wanting to be together but what you want to do isn't legal.   A visitor's visa is intended for people who are from specific countries that are listed on the UK visas website.  It's not meant for Americans.  Give up on the idea.

Your options are limited but lots of people have to marry in order to be together.  It's one of the problems of being in an international LDR. 

I am not trying to do anything wrong, we are not engaged yet, and I have seen on this forum reasons visits should be allowed between people in a relationship. We don't want to marry simply because its the only way to be together, but it's seeming like the only option. However I'm here for information not to cause problems with anyone.

We have started to consider getting married when my divorce is final, and are researching the options as far as fiancee visa vs getting married first then I go over as a spouse.

Now someone has tried to tell me my child wouldn't be allowed ILR because of the proposed custody arrangment with my ex. I was reading on here that other parents have been allowed to move with their child w/o sole custody so long as they had a letter from the other parent saying they could move (which I would have).

I was then told that my son could be refused ILR if he didnt spend the entire 24 month period after the marriage with me...how can that be possible if I'm allowed to leave and come back to the UK? Surely the UK gov't wouldnt want to deny a child their right to see their other parent.

I've found nothing on the ukvisas site which is where the IND pointed me stating that my child must stay there for the entire 2 years. It does say I have to have sole custody, but sole custody is in regards to decision making such as living, schooling etc. and doesnt mean the other parent never sees their child, or they could approve him with other reasons, I'm assuming permission from his father would fall under that?

Since you seem to be getting what you perceive as conflicting advice why don't you hire an immigration advisor or attorney?

You do have a lot of issues going on which seem to complicate things. What you have been told here is correct,  by applying for a 2 years visitor visa you are going to look like you want to settle here - which in all honesty you do, right? So, I know you are in a hurry to get here to be with your other half but just hang fire for a minute and think about the ramifications of following that course. It could all blow up in your face.  It would be much better if you could apply for the fiance visa.  I know you are waiting for your divorce to become final, that's fine and will not be a bar to you getting a fiance visa.

The custody issue is something separate and will arise when you apply for your child's visa. You will need to show that you have the father's permission to remove the child permanently from the US or don't need his permission for some legal reason.  You would be best to discuss this with your ex sooner, rather than later, to give yourself plenty of time to come to an agreement with him regarding access and visitation before applying for your visas, to avoid any undue delays.

Good luck with it all.

You do have a lot of issues going on which seem to complicate things. What you have been told here is correct,  by applying for a 2 years visitor visa you are going to look like you want to settle here - which in all honesty you do, right? So, I know you are in a hurry to get here to be with your other half but just hang fire for a minute and think about the ramifications of following that course. It could all blow up in your face.  It would be much better if you could apply for the fiance visa.  I know you are waiting for your divorce to become final, that's fine and will not be a bar to you getting a fiance visa.

Just thought this should be emphasised again...  Britwife is correct (and not just because she agrees with me).  lol 

Since you seem to be getting what you perceive as conflicting advice why don't you hire an immigration advisor or attorney?

In response to this.. Aeonix, talk to Garry or Victoria.  They are both immigration advisors who can help you.

I was then told that my son could be refused ILR if he didnt spend the entire 24 month period after the marriage with me...

Nobody here told you that. 

At least not in this part of the forum.  Mobility needs to be taken into account in this modern world.   

Now about the VV.  I have successfully represented clients who have received 2 year visitor visas.   UKVisas must be willing to issue them if there's a checkbox on the form, right?   Duh.  In fact, the DSP's say that it eases the financial burden of applying if the application is for as long a period as justifyable.   

But I've never seen one issued where the applicant didn't have 3 things going for them [1] a settled life in their home country; [2] prior travel history in and out of the UK; and [3] a very and very damned good reason for wanting one.  So who fits that bill?  Well, lots of people.   Otherwise I wouldn't have anything to do. 

Unfortunately bf's and gf's don't usually fit those criteria because being desperately in love with your bf doesn't qualify as a good reason for a 2 year VV.  So they can get a standard 6 months VV.  And if people in the North American consulates aren't doing their job, then tell Victoria or me about it.  I'm taking it up with them at the next meeting anyway.

The other thing to remember about the 2 year VV is that each post has its own rule on them.  And those particular rules are complicit with national security so they don't publish them.   BUT just because a post has been given a procedure for the 2 year VV does NOT mean it will be refused - more often they will just issue a 6 month.  So there's nothing to lose by applying as long as you meet the criteria.

Lastly.  It's not clear if the OP understands this or not, but just to be clear:  time on a VV is not bookable.

Hope that helps!

Nobody here told you that. 

At least not in this part of the forum.  Mobility needs to be taken into account in this modern world.   

No it wasnt on this forum, it was somewhere else, thats why I came here, the people here seem to have a better idea what they are talking about. I apologize if anyone thought I was referring to this forum.



The other thing to remember about the 2 year VV is that each post has its own rule on them.  And those particular rules are complicit with national security so they don't publish them.   BUT just because a post has been given a procedure for the 2 year VV does NOT mean it will be refused - more often they will just issue a 6 month.  So there's nothing to lose by applying as long as you meet the criteria.

So it is possible to even get the 6 month VV? I would be ok with them taking it down to 6 months..I'm just worried that if they dont give me the visa it would hurt my chances of entering again. I.E. with the previous only being allowed one month, if they didnt give me the visitor visa (even for 6 months)but we didnt apply for fiancee and I went as a US citizen for a visit would they let me in, so long as I had things to show I wasnt going to overstay? At this point we just want to see each other.

If fiancee visa is my only option to see him again then FV it is. But in all honesty thats a lot of money within such a short period of time.  We're not even engaged yet He wants to meet my parents first, but at this point we couldnt afford all that airfare (him here 3 of us back and then the hotel while hes here etc) and then the visas as well (double the fees because of my son). It also feels sort of like we'd be rushed into getting married because we cant be together any other way.


Lastly.  It's not clear if the OP understands this or not, but just to be clear:  time on a VV is not bookable.

What does bookable mean?

As for my son, I do have permission to visit and eventually move to the UK with my son, but he would visit his father...he will be homeschooled (this was a decision we've thought about all his life) and we want to work something out where he spends somewhat equal time with both parents. I don't know how the UK gov't would see this, but I do know homeschooling is legal there, as well as where we are from, and if my ex decides to move to canada it is also legal there (he has a so from canada). As for the amount of time spent in the UK does he have to have a certain amount of time to retain his status in the UK once hes over here?  And can I show them in the divorce decree the custody arrangement stating I can move with my son w/o sole custody?

I know my situation is complicated..we're trying to make this as simple as possible, and we've already been through a lot to get where we are now. Which is still with me extremely stressed out and confused about everything.

I have yet ANOTHER question...thank you all so much for being patient with me

I am very confused regarding the fees. I have gotten a few different answers. I was led to believe going in as fiancee I'd pay the £260 for both my son and myself, and then again that much when we applied for the spouse visa.

Other websites have said you apply for fiancee and then apply for an extension of the visa once married which I think was a bit over £100 (I dont know the exact amount).

So whats correct? Does it end up over £1000 for my son and I to go over under fiancee visa and then spouse, or is it not that much?

I just have to remember this will work out somehow...my brain wont explode in the meantime with all the overload of info I am trying to cram into it I need some breathing exercises or something I'd love to be able to have a non-what are we gonna do?!?! talk with my so for once..poor guy.

I know my situation is complicated..we're trying to make this as simple as possible, and we've already been through a lot to get where we are now. Which is still with me extremely stressed out and confused about everything.

Your situation doesn't sound that complicated.  If you have signed permission to take your son out of the country, you're a step ahead of some people.

If you come over as a fiancee, you need to pay initially for the fiancee visa, and then, once married, you need to pay for a spousal visa.  Spousal visas are currently £335 (or £500 if you want it fast tracked).


Victoria