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Topic: UK Residency Options  (Read 957 times)

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UK Residency Options
« on: August 04, 2009, 03:36:35 PM »
I'm asking for general pathways people follow to obtain residency in certain situations to help determine who I need to talk to in order to obtain residency with the least amount of pain and struggle and to do it correctly. I am not interested in the "marry in" for citizenship route. 

Please hear me out:

I'm a 21-year-old American and have been living with a British family in america for two years, rooming and boarding in their home and have been seen as a key member of their family, although not related by blood. I work for a strong international corporation with an office in the UK, and only have about a 10% chance to move on work visa due to economy issues unless I pay for the fee's and such myself, which is not a problem. Well, in 6-12mo, the British family may be moving back to the UK and they want me to come with. They are basically my family and I help keep an eye on the children of the house and I dont want to be left behind. Besides working, I'm technically the caretaker of the house, as the Parents of the children are highly involved with work. They do make fantastic money and have a paid for home, so living off of welfare is not an option.

I'm wondering what options I may be able to get a visa, aquire residency alongside my UK family, or possible options to stay with my "family" if they do move. And I note, I have no intent of returning to the US if at all possible, and I have no intention of living off welfare, nor will I. Salary is roughly 40k USD yr.


I've looked at the new tier point systems and how they come into play. I'm just wondering which tier system I may fall into.

I guess what I'm asking, is there any special process for my situation. Or is the best option just forcing myself back into school and pray I find the love of my life in the UK or hoping that my luck is out there for me to get my work visa.

Just looking for the best legal route to my current situation.

If you're not able to give this advice legally, please just delete/lock the topic and be on your ways. I'm not looking to argue with anyone over legal matters and such. I am only looking for information from experienced people that may have ideas on such a situation.

Thanks for reading. I hope to join you in the UK one day.

Please advise.


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Re: UK Residency Options
« Reply #1 on: August 04, 2009, 06:59:02 PM »
I am not interested in the "marry in" for citizenship route.  

no one here would ever suggest this to you!  the only time you see this option discussed on this board is if someone is involved in a serious relationship and ready to be married!

If you're not able to give this advice legally, please just delete/lock the topic and be on your ways. I'm not looking to argue with anyone over legal matters and such. I am only looking for information from experienced people that may have ideas on such a situation.

i'm not sure what you mean exactly.  if you mean you only want advice from a 'professional', then this message board is not the place to ask such a question and you should consult a professional directly.  if you mean that you're only looking for options that do not involve illegal means, then, again, no one on this board would suggest such a thing!



« Last Edit: August 04, 2009, 07:32:22 PM by lilybelle »


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Re: UK Residency Options
« Reply #2 on: August 04, 2009, 07:02:35 PM »
Hmm not sure where that attitude comes from, but look at this thread - it has links you can follow to find professional advice: http://talk.uk-yankee.com/index.php?topic=55300.0


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Re: UK Residency Options
« Reply #3 on: August 04, 2009, 08:43:23 PM »
If your ultimate goal is permanent residence, your only options are Tier 1 and Tier 2.  The points calculator can be found here.  Other than that, I'm not sure we can be much help.  There is no visa for an over-18-not-adopted-but-considered-part-of-the-family situation. 

If I were you, I'd push hard for an in-company transfer to the UK offices. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

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Re: UK Residency Options
« Reply #4 on: August 04, 2009, 09:11:39 PM »
Hmm not sure where that attitude comes from, but look at this thread - it has links you can follow to find professional advice: http://talk.uk-yankee.com/index.php?topic=55300.0

This advisory is not totally accurate. 

The OISC only regulates people who are not qualified solicitors or lawyers, or for some reason or other cannot achieve the status of a qualified solicitor.  Solicitors, lawyers, and barristers answer to the Law Society, which in turn answers to the SRA.

Becoming a solicitor is hard work and not everyone makes it.  And for those who fall short, they created the OISC.  The link you posted has it the other way round...



Re: UK Residency Options
« Reply #5 on: August 04, 2009, 09:23:28 PM »
There is no visa for an over-18-not-adopted-but-considered-part-of-the-family situation. 

Historyenne, I suggest a good read of INF 17 for applicability to the OP's case.  http://www.ukvisas.gov.uk/en/howtoapply/infs/inf17overseasdomesticworkers


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Re: UK Residency Options
« Reply #6 on: August 04, 2009, 09:45:44 PM »
Historyenne, I suggest a good read of INF 17 for applicability to the OP's case.  http://www.ukvisas.gov.uk/en/howtoapply/infs/inf17overseasdomesticworkers

The OP says he works for a company, and is the household caretaker, presumably part-time.  To qualify as an overseas domestic worker, he would have to be employed full-time by his "family" and would not be allowed to take on any other work.  Plus, he would need to show that he has already been employed in the same capacity for at least a year, and include an original contract of employment, payslips, etc. And finally, that visa is only good for a maximum of 12 months, and the OP wants to settle in the UK.  So I don't think it's really an option in this case. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


Re: UK Residency Options
« Reply #7 on: August 04, 2009, 09:57:26 PM »
The OP says he works for a company, and is the household caretaker, presumably part-time.  To qualify as an overseas domestic worker, he would have to be employed full-time by his "family" and would not be allowed to take on any other work.  Plus, he would need to show that he has already been employed in the same capacity for at least a year, and include an original contract of employment, payslips, etc. And finally, that visa is only good for a maximum of 12 months, and the OP wants to settle in the UK.  So I don't think it's really an option in this case. 

This is a much better reading.  Many thanks!   :D


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Re: UK Residency Options
« Reply #8 on: August 05, 2009, 12:22:48 AM »
Thank you for your responses.
I'm going to continue to look for alternate routes for this, but your information has helped me greatly.

I appreciate the participation.


Re: UK Residency Options
« Reply #9 on: August 05, 2009, 12:34:59 AM »
I'm going to continue to look for alternate routes for this,

Happy hunting.   ;D


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Re: UK Residency Options
« Reply #10 on: August 06, 2009, 02:26:37 PM »
The OP says he works for a company, and is the household caretaker, presumably part-time.  To qualify as an overseas domestic worker, he would have to be employed full-time by his "family" and would not be allowed to take on any other work.  Plus, he would need to show that he has already been employed in the same capacity for at least a year, and include an original contract of employment, payslips, etc. And finally, that visa is only good for a maximum of 12 months, and the OP wants to settle in the UK.  So I don't think it's really an option in this case.

The page that Garry linked to doesn't say that the worker has to have BEEN working full-time for the employer, only that they must do so in the UK:

You have been working as a domestic worker in the same house as your employer for at least one year immediately before your application, or you have been working in a household that your employer uses regularly for themselves for at least one year immediately before your application, and you can show that there is a connection between you and your employer.

You intend to work full-time as a domestic worker in the same house as your employer, or in a household that the employer uses regularly for himself or herself, and you can show that there is a connection between you and your employer.


Moreover there's an option for applying to stay longer, although it's very vague ('The UK Border Agency will deal with your application to stay longer. You should contact them for advice.').  So the employment could possibly be extended past twelve months.

I think the OP needs to look more carefully at this option.


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Re: UK Residency Options
« Reply #11 on: August 06, 2009, 03:29:20 PM »
Thats a very liberal interpretation of that quotation, and I disagree with it. It seems clear that the employee is expected to have been working for a year in the same capacity as he will be working in the UK, and that the employment is intended to be temporary.  The possibility of a longer visa is irrelevant since it still wouldn't lead to the permanent settlement that the OP seeks.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: UK Residency Options
« Reply #12 on: August 06, 2009, 03:38:36 PM »
my guess is some sort of documentation would be needed to show employment for the past year, as well.  being the "technical" caretaker of a house may not lend itself to be proven very easily...


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Re: UK Residency Options
« Reply #13 on: August 06, 2009, 03:45:15 PM »
my guess is some sort of documentation would be needed to show employment for the past year, as well.  being the "technical" caretaker of a house may not lend itself to be proven very easily...


Surely the IRS paperwork would take care of that, right? Assuming there was some..after all, undocumented domestic workers aren't unheard of.
And if you threw a party
Invited everyone you knew
You would see the biggest gift would be from me
And the card attached would say
"Thank you for being a friend!"


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Re: UK Residency Options
« Reply #14 on: August 06, 2009, 04:16:16 PM »
Quote
Surely the IRS paperwork would take care of that, right? Assuming there was some..after all, undocumented domestic workers aren't unheard of.

unless i'm reading something wrong, the original poster is just living with the family for free and is not paid for any household activities and has a full-time job outside of the home. 


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