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Topic: UK Passport arrival after entry on visitor visa: is this a problem?  (Read 437 times)

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My 24 year old son, a citizen by his mother but born in the US, is planning a move to join us. (I'm working in UK on spousal visa.) He's applied for his UK passport from the States, but we're wondering if he needs to wait until that passport is back before coming to the UK. If he arrives on a visitor visa with his US passport, as long as the UK passport (which will arrive at my parents' home in the US) is sent back to us in the UK before he leaves the country again... what are the potential issues?

The only gotcha I can think of is if he's denied a UK passport for some reason or has to go for an interview, and they find out he's now in the UK. Obviously, he also can't work in the UK until that UK passport arrives as well. Anything else?
UK Spouse Visa (Priority)
Married: 1992
Biometrics + docs sent:        18 Oct 2017
Received in Sheffield email:   23 Oct 2017
Decision email:                    18 Nov 2017
Landing in UK:                     31 Dec 2017
Passed Life in UK test:       16 Sep 2022
ILR application:                   3 Dec 2022
ILR decision:                        17 Jan 2023


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Re: UK Passport arrival after entry on visitor visa: is this a problem?
« Reply #1 on: October 10, 2018, 10:08:47 AM »
I don't think they'd let him move there without proof of being able to reside in the country, so you'd want to make sure he has all the relevant info for a visitor visa including plans to return to the US. If you want him to be able to move permanently you'd probably have to wait for the passport to arrive before his travel.

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Re: UK Passport arrival after entry on visitor visa: is this a problem?
« Reply #2 on: October 10, 2018, 09:18:50 PM »
"...proof of being able to reside in the country"

Do you mean proof of employment, for example, because of his age? (over 18) If that's the case, why didn't they ask about that with my 19 year old daughter when she came over last year?  It seems to me that individuals that are citizens by birthright (their mom is British) aren't subject to the same self-sustenance proof that I was as a spouse, for example.

"...including plans to return to the US"

I've never had to provide those plans for a visitor visa before... why would he need them now?
UK Spouse Visa (Priority)
Married: 1992
Biometrics + docs sent:        18 Oct 2017
Received in Sheffield email:   23 Oct 2017
Decision email:                    18 Nov 2017
Landing in UK:                     31 Dec 2017
Passed Life in UK test:       16 Sep 2022
ILR application:                   3 Dec 2022
ILR decision:                        17 Jan 2023


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Re: UK Passport arrival after entry on visitor visa: is this a problem?
« Reply #3 on: October 10, 2018, 09:23:04 PM »
"...proof of being able to reside in the country”

Do you mean proof of employment, for example, because of his age? (over 18) If that's the case, why didn't they ask about that with my 19 year old daughter when she came over last year?  It seems to me that individuals that are citizens by birthright (their mom is British) aren't subject to the same self-sustenance proof that I was as a spouse, for example.

No, she means a valid visa or UK/EU passport that allows him to live and work in the UK.

Quote
"...including plans to return to the US"

I've never had to provide those plans for a visitor visa before... why would he need them now?

It’s a requirement that all visitors be able to prove they have plans to return to the US, by way of:
- a return ticket
- proof of a job to get back to
- proof of a home you are maintaining while visiting the U.K.
- evidence of any other reasons you must return, such as appointments, interviews, events, a car, pets, family you care for etc.

See:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/549692/Visitor_Supporting_Documents_Guide_-_English_version.pdf



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Re: UK Passport arrival after entry on visitor visa: is this a problem?
« Reply #4 on: October 11, 2018, 09:48:37 AM »
What you'll find is that they likely won't allow your son to board the flight without a return flight booked.  Which is why you haven't been asked about it in the past.  We all nearly always a return flight booked and the trip is only for a short duration.

If he were to book a one way flight and say he was staying here indefinitely (as what else would he put on the landing card?)... well, it would be a tough mountain to climb.

The passport should only take a few weeks to receive.  I'd just wait it out.


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Re: UK Passport arrival after entry on visitor visa: is this a problem?
« Reply #5 on: October 17, 2018, 11:27:09 PM »
My 24 year old son, a citizen by his mother but born in the US, is planning a move to join us. (I'm working in UK on spousal visa.) He's applied for his UK passport from the States, but we're wondering if he needs to wait until that passport is back before coming to the UK. If he arrives on a visitor visa with his US passport, as long as the UK passport (which will arrive at my parents' home in the US) is sent back to us in the UK before he leaves the country again... what are the potential issues?

The only gotcha I can think of is if he's denied a UK passport for some reason or has to go for an interview, and they find out he's now in the UK. Obviously, he also can't work in the UK until that UK passport arrives as well. Anything else?

If he is definitely british by descent (eg born when his mother was already British) he can work and do anything he pleases although in practice it will be hard since he has no sufficient ID for that. BUt he cannot possibly be a violator whether he has a passport or not. he gets his passport - he is out of the woods. He can probably ring and reschedule for an interview in the UK i guess or justwithdraw that one and  file another application in the UK where it all takes less time
For simplicity sake I'd not advertise his British citizenship at the border much thou.  Yet again, as British he cant really be got for entry by deception. he can swim across the channel if he wants. there is no leave to be granted.

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Disclaimer: I am a Level 3 OISC advisor and so my opinions are informed by knowledge of the law and years of practice. Yet, no opinion given without detailed review of an individual case should be taken or treated as competent legal advice.



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