Holy Hell I Need Help! Nervous Breakdown in NYC! Settlement Visa

Also, were you granted permission by the Home Office to marry in the UK while on a visitor visa? Normally you would need a fiance visa.

Honestly there are quite a number of red flags going on for you right now. The dress should be the least of your worries.



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Also, were you granted permission by the Home Office to marry in the UK while on a visitor visa? Normally you would need a fiance visa or marriage visitor visa right.

Honestly there are quite a number of red flags going on for you right now. The dress should be the least of your worries.



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We married in the USA in 2011, where we lived together until trying to come to UK in August 2017. Must have missed that in my original novel

You can keep your passport to travel anywhere else in the world EXCEPT the UK while your settlement application is being processed.



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Someone else (FLgator) on the Gold Premium Processing forum successfully went into the UK while her application was being decided and then came back to US when it was decided to pick up her vignette...she took the risk and had no issues...question is whether that was a fluke or legally you are actually allowed to do it?

Oh yah. Duh, me!

Anyway I wish you the best of luck. Whatever happens please don’t try to enter the UK until you have your spouse visa.


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I’m not going to lie.

You have well and truly screwed up.  At this point, the absolute least of your worries is the dress.  Or the wedding.  Be thankful you were allowed in this last time and that you haven’t overstayed any of the very generous entries you’ve been granted.

You’ve actually been working illegally while you’ve been here.  This could seriously impact your settlement visa.

Have you used the NHS?

You need to make peace with the idea that you will be outside the UK for several months while you legalise your stay.  Thank heavens you are bit past the point of no return.

I’m surprised you have someone willing to help with your application for only £600 as this is NOT a straightforward case.  Is he an actual lawyer or an immigration advisor?

You have several months before the blessing/wedding.  I’d reschedule for next year.

I have to agree with KFdancer. You need to focus on legalising your stay.

You may be able to contact your husbands MP about compassionate circumstances to rush the application because of his father once your application has been submitted, but I would put all the wedding stuff on hold until you are legal. You'll also want to find a good accountant when you return to the UK. (did you somehow get an NI number while on a visitor visa??) Working illegally may have repercussions if you plan to apply for citizenship in 5 years.

Working illegally may have repercussions if you plan to apply for citizenship in 5 years.

That might have repercussions for a spouse visa. Look at number 3.

previous working in breach on visitor conditions within short time of arrive in the UK (that is, pre-meditated intention to work);
previous recourse to NHS treatment when not entitled;

https://www.gov.uk/government/publications/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011

That might have repercussions for a spouse visa. Look at number 3.

previous working in breach on visitor conditions within short time of arrive in the UK (that is, pre-meditated intention to work);
previous recourse to NHS treatment when not entitled;

https://www.gov.uk/government/publications/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011

Thanks for that - I wasn't sure of the impact on settlement visas.

I haven’t used the NHS and don’t have a NI number so I don’t think I’ve done anything wrong there. We have an accountant in USA, from what I understand from her I don’t owe tax in UK, I owe tax in US on my US-earned wages, there is not double taxation. My husband pays tax on his UK-earned wages.

People fly all over the world every day and conduct business for their home-based employers. For example, are you saying you can not leave your home in USA and go to France for a week and send emails back home to your employer without that being illegal? I don’t think the minute I step outside the US means I’m illegally working for US-based employer. People travel extensively for business and still work while outside the USA. Are they all doing something illegal?

Because I acted on the terrible advice of the border control, I now need to make a new application from the USA. I’d like to apply using the fastest method but I’m skeptical of VFS Global. Has anyone had a good experience using their Gold settlement premium service?

Because I acted on the terrible advice of the border control, I now need to make a new application from the USA. I’d like to apply using the fastest method but I’m skeptical of VFS Global. Has anyone had a good experience using their premium service?

I'm not sure you're fully hearing what people are telling you. Yes, you need to make an application for a spousal visa, but it is not going to be a quick or straightforward process. You have been in breach of some fairly serious immigration rules, and that means it is going to take them longer to consider your case. The premium service is probably a waste of money for that reason. You need to consult a good immigration attorney and consider how to best present your case. While it's true that the IO at the border did give you bad advice, the fact is that you were already in breach because you had been working illegally and using the visitor visa to establish de facto residency in the UK. If the IO had done his job properly, he'd have sent you straight back to the US to apply, but the only thing that changes is the failed in-country application, and honestly that is the least of your problems. The majority of this boils down to your decision to move to the UK without a proper visa in the first place--it's absolutely essential to do your research and not assume ANYTHING when you are moving to a new country. You assumed that the UK process would be just like the US one, even though they are two completely different countries with different rules--that's ultimately what got you to this place.

Not trying to drag you, just to make you understand that this is not something that can be fixed overnight. You need good legal counsel. Don't compound past mistakes by going for a quick fix.

I haven’t used the NHS and don’t have a NI number so I don’t think I’ve done anything wrong there. We have an accountant in USA, from what I understand from her I don’t owe tax in UK, I owe tax in US on my US-earned wages, there is not double taxation. My husband pays tax on his UK-earned wages.

Because I acted on the terrible advice of the border control, I now need to make a new application from the USA. I’d like to apply using the fastest method but I’m skeptical of VFS Global. Has anyone had a good experience using their premium service?

A visitor visa (tourist visa) does NOT allow work.  Full stop.  It’s black and white. 

https://www.gov.uk/standard-visitor-visa

From that:
What you can and cannot do
You can:

take part in any of the business-related activities mentioned in the Visitor Rules
study for up to 30 days, as long as it’s not the main reason for your visit
take part in an exchange programme or educational visit (if you’re under 18)
convert your civil partnership into a marriage
pass through the UK in transit (on your way to another country)
You cannot:

do paid or unpaid work
live in the UK for long periods of time through frequent visits
get public funds
marry or register a civil partnership, or give notice of marriage or civil partnership

Great news that you haven’t used the NHS.

VFS is the UKVI partner and the only way to expedite service.

Currently priority applications are taking about 6 weeks.  This will stretch to be a few weeks longer over the peak summer months.  Non-priority is taking 12 weeks but will likely stretch to 5 months over the peak summer period.

Your application will take slightly longer due to it not being a straightforward application.

I’m sorry that you feel you were I’ll advised by the border control officer.  The application does clearly state that you cannot switch from a visitor visa to a settlement visa within the UK.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673012/FLR_M_Guidance_Notes_-_April_2017.pdf

On page 8, 21 C. You must not be in the UK as a visitor

I have to ask...  you are a smart intelligent woman who has successfully sponsored a foreign national in the US from initial entry clearance through to citizenship...  did you not research how to move to the UK?  You know from experience that we can’t simply pick up and move to another country.

I promise all of this is coming from a place of kindness.  We are here to help.  There simply isn’t a quick or easy way to fix the spot you are in.

People fly all over the world every day and conduct business for their home-based employers...
Are they all doing something illegal?
 

Yes, if they have breached the terms of their entry to that country as they were not given permission to work.  Most countries will not allow visitors/tourist to work, even in the US I believe.

I didn’t assume the process would be the same as US.

I read on the UK gov.uk website about applying from within OR without of the UK before I left USA. Yes, I misunderstood that you can not apply from within once you arrive there on visitor visa even if you are married already. When the border control agent told me to make my application from WITHIN, I did it. So yes I’m in a bad place now.

I was going to be granted the application - my denial letter says I qualified on all other points - except for the fact I was within the UK. Croydon Home Office was actually really apologetic for my situation ...but anyhow, doesn’t make a difference.

I have a conversation with the lawyer in one hour. (yes he is immigration lawyer registered with gov.uk site).

I was going to be granted the application - my denial letter says I qualified on all other points - except for the fact I was within the UK. Croydon Home Office was actually really apologetic for my situation ...but anyhow, doesn’t make a difference.

The people who work at Croydon are used to processing FLR(M), they're going to be looking for different things than the people at Sheffield processing spousal entry clearance applications. The remote working is not going to go unnoticed and it is definitely going to impact your application. Be scrupulously honest about everything that happened and try to avoid shifting the blame onto the IO--he's not the root of the problem.

I hope the lawyer can suggest a good way forward!

Please be warned that our most recent member to be in your same situation (applied in country in Croydon and was refused).....

She was told they were fine in all points except she was a visitor.  She reapplied using the same information and was refused due to financial requirements (her husband was self employed so a huge amount of documentation).  They had VERY UNFAIRLY told her that the financials were good, when they weren’t.  It is imparative to do your own research and be sure you tick each box.  Don’t take their word for it.

On the forum we recommend Laura Devine (offices in NYC and London) or Medivisas for non straight forward cases.  I’d personally recommend contacting one of those agencies for a second opinion.