materialcontroller

Am I missing something, or is there any reason other than the recent visa denial that is preventing the OP from using the VWP?

Rete

You are correct, he did say "issue for me gaining employment." However, I had thought the UK was a country with a strong labor law which would protect those with disabilities from being denied employment based on their disabilities if they had the mental capacity to work. Much like affirmative action, IMO, was in the US years ago. With that in mind, why would it be more difficult for him to gain employment. Therefore, his ability is a non-issue. One would think it would make it far easier for him to be employed because to be denied employment based on a disability is against the labor law. If he were to receive disability payments from the government, would they stop if he were to become employed? Regardless, whatever disability the young man has it does not prohibit him from international travel, which is a good thing. Now he just needs an approved ESTA or tourist visa.

Pollyana

It may be against the law to discriminate but if one feels one has been discriminated against one needs to be able to prove it in order to get any action taken against the employer. And then would one really want to work for an employer who has been forced to employ someone he/she doesn't really want? Many ways to make working life difficult in that scenario. Employers know they cannot be seen to be discriminating, so many jobs are described in such a way that many disabled people cannot do them, thus they cannot be employed in the role. For instance, you cannot tell someone who cannot stand for long that they cannot apply for a job as a shelf-stacker, but they cannot physically do the job, therefore the employer does not have to give them the job.


Probably yes. Many benefits of that kind are means tested. The more one earns, the less benefit they get.

Rete

Thanks, Polly. So no different than the labor laws in the US and the manner in which employers can circumvent the law to their favor.

Pulaski

What Pollyanna said. Also practical issues, such as relying on public transport*, which necessarily limits jobs you can apply for, at least not without moving home, irrespective of whether you can actually do the job, and many suburban offices and industrial developments are not served by public transport .... or perhaps you are dependent on a relative for some aspects of care and can't move home.

* Don't believe the hype about how wonderful public transport is in the UK - I knew of an area near London, inside the M25 beltway, between two commuter rail lines (radial, not directly connected) where the bus service, serving several miles of a road with houses and housing estates, had no more than one bus an hour, and the last bus was around 7pm. I used to take my car out there to be serviced at a Alfa Romeo specialist, and there were hardly any passengers on the bus, because nobody relied on it. .... And usually I would walk for 30-45 minutes rather than wait for the bus.

NewTime

Hello all,

I am sorry I haven't replied, I haven't received any notifications via email so just assumed there had been no other replies.

I just wanted to clear things up that people said. I do currently receive disability benefit and my disability is Autism. My Autism is quite a big barrier in regards to employment, in regards to interviews & social interaction/engagement.

I completely appreciate all the comments here and the "apply when you have a job", but travel to the USA doesn't come round often, and I plan to go with friends. If it wasn't for them going early next year, then I wouldn't be looking to go.

I sadly can't remember what had happened with my ESTA (2nd time round) to be honest, if I applied and got rejected or not. But because of the criminal record issue, I went through VISA and didn't think it would be an issue. For reference, my convictions are Drunk and Disorderly & Assault PC. I don't know where these fall in regards to "moral turpitude".

So as you can see, I am stuck, as in what to do. I don't know if I am able to apply (or try to) through ESTA either.

At this present time, I am trying to get information together to give to the Embassy, but how they will see it, I do not know. I have character references, copies of previous travels (to the USA too), letter from parents (who I live with, Proof of funds and hoping to add more. If anyone has any ideas of information I can also provide to them, that would be helpful.

Do I apply via ESTA and see what happens?
Apply straight for VISA?
Try Both?
Not try either?

It's very sticky.

Thank you

rpjs

Don't give up hope! I have Asperger's and work in tech. Some tech companies are even beginning to favour people on the spectrum for the properties of our condition that help us work well with tech. If you're not in tech, maybe look to do some courses that might get you on the career ladder.

D&D is not a CIMT. It could be indicative of a problem with alcohol abuse which could itself be a bar to admissibility on health grounds, but I doubt a single case would make a ConOff decide that.

"Assault" Can be a CIMT but simple assault is not usually deemed to be so. However, what do you mean by "Assault PC"? Do you mean "assaulting a police officer"? Unfortunately that may very well be deemed a CIMT which would require a waiver of inadmissibility.

It's always worth applying for the ESTA first unless you're 100% sure it won't be approved. If it isn't you're out £6 at worst.

As to proving ties, while it's the usual advice here not to book travel without having an ESTA/visa approved, I did have a co-worker back in the UK from a non-visa waiver country who was denied a visa for a business trip to the US on the grounds of lack of ties to the UK. He was advised to buy a round-trip plane ticket as evidence of his intent to return to the UK, did so and was approved. If your assault conviction was for common assault so you're unlikely to be denied on CIMT grounds, and you can afford to eat the cost if you're denied, it might be worth investing in a cheap non-refundable r/t plane ticket. Might just be enough to tip the balance in your favour.

NewTime

Hey,

The Autism has been a huge factor for me, and can be even worse when companies don't particularly understand it. We aren't incapable, just perhaps lacking socially. Recently had work trials and interviews, but no good result. I even have a degree, still can't get past the interview.

As for the ESTA, I just kinda assumed a reject from the previous visa application would mean a definite no on the ESTA. I also don't really know where my convictions stand in regards to it and/or if I do magically get a yes, if I'll still have problems.

As for convictions, it's assault police officer, which is common assault. I know the embassy won't care, but this was due to drinking too much because of my anxiety and social issues, which led to the assault. It doesn't make it right, but that's the reasoning and maybe you having Aspergers will give you a little more understanding than others.

A return ticket is tricky though, but it's £400/£500 sadly. It's a huge gamble, on top of the cost to go to London too.

So, maybe try ESTA luck & if not carry on with visa application?

PS - doctors note any good to application? Diagnosis etc

NewTime

So, I tried the ESTA for what it's worth and no luck.

The response was "Travel not authorised"

gtd2000

From my experience, it's really pot luck at the Consulate.

I had years of what were essentially very friendly and cordial "rubber stamp" interviews in London then moving to "persona non grata" status after being denied entry to the USA in 2016.

You can easily run through all the possible scenarios at the Consulate and have everything that any reasonable person would accept as evidence of ties to the UK etc. but once you've got that back mark in your copy book, you may well be pi$$ing in the wind.

I'd say, as others have too, wait a while before you think about going back or applying for a Visa.

I've put it on hold indefinitely but that's just me

NewTime

Hello all,

Furthmore to the questions I asked in this topic - http://britishexpats.com/forum/us-im...oblems-904830/

I am wondering if I can get advice on documents I want to present to the Embassy.

If I want to show that my ties are my family, then what documents are best to show this? I live my Dad and my familiy are all in the UK. Do I just give letters showing address? Do I provide a letter from my father? Or what would be a better document to provide?

I also have Autism, and this relates to quite a lot of the problem. It's a barrier to entry for a few reasons. But would a diagnosis letter and/or doctors letter help my case?

In addition to this, I also have a health condition, which I need medication for. Would it also help my case if I provide a doctors letter for this?

Therefore this would show ties in way of family being in the UK. A disability which they may understand is the reason I struggle with employment and struggle at the VISA interview. A letter regarding health condition which they will see I need to come back to UK for medication.

I am *not* asking if this would get me a yes or no, just whether people think these documents would help? And if not, what also would help in showing address and living with parents?

Many Thanks

Nutmegger

Look at it this way, NewTime. Virtually every one of us on this forum is British and has family back home. It hasn't stopped any of us from moving to live in the US. No, having family in the UK is not a tie.

NewTime

Of course we all have ties, and I am not syaing otherwise, but showing up to my previous interview with nothing but basically my passport wasn't my best idea.

I want to show something more than what appears to be "single man, no ties, wanting to enter US".

I thought with my disability, and showing of family that I live with, and rely on, would potentially help.

Twinkle0927

Is this new that autism is a barrier to entry for visitors? My sister has brought her autistic son here to visit several times.

NewTime

Hey, no I don't think so.

However my Autism is the reason for other issues, that have probably led to the previous decline. For example, I am unemployed, and I believe that my Autism is a big factor in this.