Daughter denied work dependent visa..can she just come and stay as visitor??

Just received notice that 18 year old daughter denied work dependent visa...would still like for her to come stay with me though. Is it possible to just book her a plane ticket with six month later return OR do I have to apply for a visa yet again?

And if so, which one do I have to pay for this time??

Thank you all..I couldn't be doing all of this without this site.

I was in the same situation. We went with a student visa for my son. He can work 20 hours per week during school and full-time between term. He is going for his foundations degree this year in humanities. Basically it is a year course designed to prepare foreign students for Uni. The cost is £5,000 for the year or about $10,000...not that much more than a major state university and much cheaper than a private one.  He has college funds from his grandparents, but you can use US student loans too. He will have to when his college fund runs out. He's going to Greenwich Community College. The guy there that handles international students is awesome. PM if you want his info.

Technically she can stay with you for 6 months and then return to the US. BUT - if Immigration suspects that she has reasons to stay in the UK (you living there will be one of course) and she does not provide adequate ties that she is turning to the US...then they can deny her entry. I think your best bet would be a student visa for her...like Terri said...that situation might be the best one. Though they might require a phone interview because she was denied a visa to the UK previously.

Thank you ladies for all your advice...however, I am on a tight time frame here..
I leave for the UK on the 23rd of August..she will come later...
And I guess my question is this...this Immigration that you speak of...is that the guys at the airport? We do have family in the US she could return to...and what types of documents would they be looking for when and if they did ask her ( is there a register or something of people who have been denied visas?

As for the student visa...great idea but I don't have the time nor the funds available at the moment to be ready for the Fall semester...

Could she just come stay as a visitor for six months...go back and try for the student visa?
I obviously have no idea what to do here and time is running out.

Thank you

Considering she's already been denied a visa, she will most likely be stopped at the airport.  I get questioned about my refusal, even after getting a subsequent entry clearance.  There's this little thing called the computer that they scan passports through and they keep track of people who are denied visas so they don't just come over anyway.  She could try to come over as a visitor but she'd most likely be denied at the airport.

Of course, Vicky (or Garry) will set this straight..

Why was she denied?  Because she's 18? 

It is important to note that if she did come over as a visitor, she would not be able to work at all...

She is likely to be denied entry if they think that a) she is not truly visiting b) she might not leave at the end of her visa.  Given her denial, they will likely ask her, how she will support herself and what reasons does she have for returning to the States.  If they think she is just trying to subvert the process and attempt to live with you anyways, though her visa was denied, she runs a high chance of being detained and returned to the US.

What might be good is to explain better why she was denied for the original visa and figure out if there is a better way then coming over as a visitor that might be more permenant.

missvicky...if you could somehow manage the funds...I can check with my contact at Greenwich...he is doing a rush for us too.

Of course, Vicky (or Garry) will set this straight..

It is important to remember that a daughter is a visiting family member and thereby accorded the right to an appeal - even in country.

Family visitors enter and leave the UK with a different status than other visitors.

So, basically, they should seek the advice of an immigration specialist, advocate or solicitor to ensure they understand what there rights are, before doing anything drastic?

missvicki - why was the application refused?  Have you looked to see if you have grounds of appeal?

Vicky

Oh how wonderful it is to go to sleep all scared and wake up to all you wonderful people wanting to help...
Thank you.

Ok..she was denied the work dependent visa on grounds of : being over 18 and the fact that my job was not an intra-company transfer and that I was not posted to the UK by my employer ( I am taking a teaching position in the Newport Pagnell area)

The grounds they gave me for appeal are 1) decision unlawful by virtue of section 19 B of the Race Relations Act 1978 and 2) the decision is unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the appelant's Convention rights.

As for accumulating funds for her school...I have accumulated all I have just to get there. Quit the jobs. Sold the car. I am accumulated out.

I have filled out a FAFSA form however at the time, we did not list UK school but she is eligible for financial aid.

My original plan was to go on ahead..as I have to leave on the 23rd and she just stay behind with friends until I get settled in. To add to this fun mix, she is also type 1 diabetic...so now I have to be concerned not only with keeping her insured while she stays in the US but also what to do for her in the UK.

Not to be dramatic here...but this is not good..not with two weeks left before I go.

I looked online last night about prospective student visas...that would give her 6 months and she does want to go to school over there.

And as for the visitor for six months, would not a round trip ticket show that she would return?
I just hate the thought of her traveling all that way and be told to turn around. I am not going to or trying to be deceptive here...I want this all to be legal and by the book. I want no troubles here... I just want my kid to be with me in the UK.

As for an attorney...again it's all about the money. I don't have it.

I have just been dreaming of this and working on this for years... and now it's here and it's all gone so wrong.

Help please.

I wish I had some helpful advice, Vicki, but just best wishes for finding a workable solution for you both.

If you have the financial aid already filled out, PM me...my contact at GCC is helping me arrange my son's school by August 28th. If he has openings, I'm sure he could help you too. He probably knows more about the financial aid stuff than I do...but I think the loans part can be handled pretty quickly.

My original plan was to go on ahead..as I have to leave on the 23rd and she just stay behind with friends until I get settled in. To add to this fun mix, she is also type 1 diabetic...so now I have to be concerned not only with keeping her insured while she stays in the US but also what to do for her in the UK.

Yes, this can be an issue, as visitors are not eligible to use the NHS.  Students, yes, but not visitors.

Best of luck!

I think that you may have grounds for appeal.

You are permitted to bring dependents with you, regardless of whether your permit is as an ICT or a new hire.  Also, it is permissable to have dependents over the age of 18 if she is totally financially dependent on you.  If she has been living with you and has been studying full time, funded by you, and intends to study full time in the UK, then she can come over as your dependent.

Immigration specialists need not be that pricey...I'm not!  If you want to PM me, I would be happy to take a look at the refusal and see if it worth appealling.

Vicky