amaguire25

Hello everyone,
Let me explain my situation.. I lived in the UK with indefinite leave to remain when i was 7 for four years. My family then decided to move back to the USA so obviously I had no choice but to go with them. I returned to the UK after two years however the following couple years i did not return, which terminated my indefinite leave. My family decided to move back to the UK in June of last year so I have been here on a visitor visa while I am taking a year off school. After being here about 8 months I have decided I would like to move back and attend school. I know there is a student visa but I would like to live here permanently. I am completely dependent on my parents and my entire immediate family is here. I have a bank account and phone plan here in the UK however an immigration lawyer was unsure if i would be able to get the RR visa. I thought that because I have strong family ties here and considering I am only 19 and I do not have the funds to live on my own back in the USA that I had a strong chance of obtaining the visa. Reading forums and other websites I realize this is a difficult visa to get. What do you think my chances are? I do have a Grandma in the US so I am afraid they will say that I need to return to her because she can support me. Keep in mind that my visitor visa expired February 1st so either way I will have to return to the USA for three months to even apply for the visa. I am in desperate need of help!

amaguire25

Meant to say my vis will expire febuary 1st. Also would like to add that my Stepfather is british and my mother is American but she has indefinite leave to remain. I have three younger siblings, two are step sisters born in the UK and another is a half sister with dual citizenship. Because i am considered an adult i am having an extremely difficult time with visas. My biological father is not in the picture, we dont even know his identity but my stepfather has never adopted me or anything. I am hoping that because these are special circumstances that i have a better chance but i am so worried about it. I will be staying with a friend when I leave at the end of this month but I have nowhere to go permanently in the USA. Would immigration really make me leave the country and refuse my RR application when I have no place to live and no funds to support myself? I cant imagine them being that cruel.

formula

Have you entered the UK as a visitor? i.e. has the immigration Officer at the border when you asked for entry, put a 6 month maximum stay stamp (or 3 months if you entered via Ireland) in your US passport?

???? What visa is this that will expire?

amaguire25

Yes, I was stamped in with six months because at first my family wasn't sure how long we would be here. Originally we came to help my grandpa because he has cancer and we have ended up moving. My stepdad also has a company based in the UK if that helps my case at all.

amaguire25

my visitor visa will expire. I have to leave by February 1st or else i would be overstaying

formula

You really need to find a solicitor that has a history of winning RR cases and who has kept up to date with UK law changes (i.e. new Good Character Requiements came in last month for UK citizenship) and ask/pay for their advice.

Are there are others in your family in the UK on a visitor visa with expired ILRs too?

formula

So you were stamped in as a visitor? What was your mother stamped in as? I assume her ILR has expired too?

amaguire25

My mom who is also from the US has been back every two years and has kept her ILR. Because I missed out on one trip a couple years ago mine is no longer valid. Do you think I have a strong case? I am planning to sit with an immigration solicitor this week to talk to them.

amaguire25

I was also looking at possible applying for a discretionary leave to remain which is for unique cases. My parents have spoken to attornys and they reccomend this one. Although I have my grandma in the US he step grandfather does not want me to live with them(family tension) so ultimately I would be homeless with no money and no job. My mother was stamped in as a visitor but because she has been back every two years her ILR is fine. The immigration officer told her that the officers had just stamped her in incorrectly.

formula

Coming back to visit doesn't mean someone keeps their ILR. You have to come back to reside in the UK within 2 years to keep your ILR. ILR stands for Indefinate Leave to Remain.


When your mother entered every two years to visit the UK, did she she tell the immigration officers at the border that she was just visiting when she was asked?

Has her US passport (or others in your family that don't have UK citizenship) got a 6 month visitor stamp in, for this entry to the UK or for any of the other visits they made to the UK since they were granted ILR?

formula

As you used the word "attorneys" were these from the US? Discetionary Leave was stopped about 2/3 years ago and replaced by the 10 year family route. The problem you might have is that at age 19, you are an adult. Reaching the age of 18 (becoming an adult) while living in the UK on a visa and still being dependant on your parents, is different. You really need a solicotor who knows UK law and has a good history of getting RR as well as keeping up to date with all the UK laws.

BTW, are you aware that visitors to the UK cannot use the UK's NHS for free? If you haven't got insurance, then you really need to buy that asap to cover your stay.

amaguire25

The attornys were from the UK. They were the ones who reccomended Discretionary Leave. We are completely stuck with what to do. We have spoken to three different attornys who all say reccomend certain options however because of my age they are unsure if i will be able to stay. My parents have sorted insurance for the time being!

amaguire25

Not completely sure about my moms situation. She may have been stamped in as a visitor but I am not positive. We are the only two without UK citizenship.

formula

Your mother will need to look in her passport to see if she has been stamped in to the UK as a visitor (has a date she must leave the UK by). Also look in her passport/s to see if she has ever been stamped into the UK as a visitor on any of her visits back to the UK since she returned to US to live, as the Immigration Officer would have done this if they were correctely advised that it was a visit to the UK.

As said, just visiting the UK every 2 years doesn't keep ILR. Some people pretend to the IO that they are returning to live in the UK to avoid their ILR ending after they reside outside the UK for 2 years, but I'm not sure how this will affect their return and continual UK stay or UK citizenship, as they used deception for a visa.

I assume you checked to see if your passport has a 6 month visitor stamp in it and that's why you said you had to leave by February?

You and your mother should both be seeking advice from a good immigration solicitor.

amaguire25

yes, i went to Belgium with my cousin for a week and when I came back in they stamped me in with six months. We are going to seek legal advice to figure it out. Hopefully I will find something! I will keep it updated on the site to help people in the future!