British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Going Back (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/going-back-875272/)

goins Apr 2nd 2016 3:45 pm

Going Back
 
Hello all:
Just came back from the UK after being there for family reasons, now hear my father inlaws cancer has come back (prostrate) after being cleared 1 yr ago. I have been asked to comeback from him and my wife..On what grounds would i be able to go back ...
I was turned down after applying for a settlement Visa due to missing paper work where my wife was paying herself but no paper trail..We have sorted that issue since June 2014 until March 2015 of her paying herself. We have all paperwork on that and will be applying in this month
Could i travel on humanitarian grounds to see my father in law..for a month or what document would i need...
Also the Doctor has advised he would write a letter on those grounds stated above..and will be verified..

any help would be appreciated..

Thanks all.Eddy

BritInParis Apr 2nd 2016 3:48 pm

Re: Going Back
 
As an Canadian citizen you can visit the UK for up to six months at a time. How much time have you spent in the UK in the last twelve months?

Pulaski Apr 2nd 2016 4:12 pm

Re: Going Back
 
Do you need a visa just to visit? It isn't clear what you are trying to do - typically Canadians don't need a visa to visit the UK.

goins Apr 2nd 2016 9:00 pm

Re: Going Back
 
Wedding June 24- Sept 6 2015

Spent in the UK since December 14-2015 to feb 14-2016
Had to go back from Feb 28-2016 - March 30 -2016 Emergency (Mother lost her sister father lost his first cousin through cancer)

Pulaski..i came back Wednesday March 30-2016 got this call early friday Morning Toronto time 2:00Am, would i need to have any documents pertaining to this situation from a doctor

What meant to say the she was paying her self but did not do it through the bank it was cash until we found out so we missed April, may and June, As of august 2014 to MArch 2016 we staements of her paying herself.

Pulaski Apr 2nd 2016 9:21 pm

Re: Going Back
 

Originally Posted by goins (Post 11912016)
Wedding June 24- Sept 6 2015

Spent in the UK since December 14-2015 to feb 14-2016
Had to go back from Feb 28-2016 - March 30 -2016 Emergency (Mother lost her sister father lost his first cousin through cancer)

Pulaski..i came back Wednesday March 30-2016 got this call early friday Morning Toronto time 2:00Am, would i need to have any documents pertaining to this situation from a doctor

What meant to say the she was paying her self but did not do it through the bank it was cash until we found out so we missed April, may and June, As of august 2014 to MArch 2016 we staements of her paying herself.

You're still not clear.

Do you need a visa? Typically Canadians do not need a visa to visit the UK.

If you are visiting then your wife's income is irrelevant.

Are you confused because you needed a visa to get married in the UK? :unsure:

BritInParis Apr 2nd 2016 9:38 pm

Re: Going Back
 
I make that 159 days in the last twelve months. You may or may not be permitted to enter the UK as a visitor given that you are close to spending more time in the UK than elsewhere in the last year and therefore may not be considered a genuine visitor.

Is it your intention to visit for a month and then return to Canada or do you still wish to pursue a settlement visa in order for you to remain in the UK?

If the latter you may wish to consider reapplying for your settlement visa as that will allow you to stay in the UK for the foreseeable future.

Pulaski Apr 2nd 2016 10:01 pm

Re: Going Back
 

Originally Posted by BritInParis (Post 11912035)
I make that 159 days in the last twelve months. ....

I only get 93 days +/- ..... Basically Dec 14 to Feb 14 + Feb 28 to March 30.

BritInParis Apr 2nd 2016 10:12 pm

Re: Going Back
 

Originally Posted by Pulaski (Post 11912043)
I only get 93 days +/- ..... Basically Dec 14 to Feb 14 + Feb 28 to March 30.

Plus "Wedding June 24- Sept 6 2015" so add on another 74 days makes 167 days... either you're overcounted or I've undercounted a week but either way it's less than a month before it's more than six months in country.

Scratch that: 170 days according to this.

SanDiegogirl Apr 2nd 2016 10:14 pm

Re: Going Back
 

Originally Posted by Pulaski (Post 11912026)
You're still not clear.

Do you need a visa? Typically Canadians do not need a visa to visit the UK.

If you are visiting then your wife's income is irrelevant.

Are you confused because you needed a visa to get married in the UK? :unsure:

The OP is married to a Brit. He married last June (on a fiance visa )and was in the UK until September 2015.

He applied for a spouse visa and was refused as they could not fulfill the financial requirements.

He has been in and out of the UK (not on visa as he is Canadian) visiting his wife.

He is going to apply for another spouse visa in a couple of months when they have sorted out the finances. SHE is self employed.

He's asking if he can again return to the UK - as a visitor - as he has been in and out since last June.

Don't think his June to September visit can be counted as a visit since he was on a fiance visa. (if my recollection is correct)

BritInParis Apr 2nd 2016 10:23 pm

Re: Going Back
 
My understanding was that the OP came to the UK on a marriage visitor visa. He wouldn't have been issued a fiancé visa without his sponsor meeting the financial requirements.

Looking back at the OP's first thread his grandfather was born in Scotland and was in Crown service at the time of his father's birth in India so he may already be a British citizen or at very least as a Canadian citizen he is eligible for an ancestry visa which begs the question why did he waste so much money on a (failed) spouse visa application?

spouse of scouse Apr 2nd 2016 10:44 pm

Re: Going Back
 

Originally Posted by BritInParis (Post 11912054)
My understanding was that the OP comes to the UK on a marriage visitor visa. He wouldn't have been issued a fiancé visa without his sponsor meeting the financial requirements.

Looking back at the OP's first thread his grandfather was born in Scotland and his father was in Crown service at the time of his birth so he may already be a British citizen or at very least as a Canadian citizen he is eligible for an ancestry visa which begs the question why did he waste so much money on a (failed) spouse visa application?

Brit, you and Formula discussed the possibility of the above with the OP, here http://britishexpats.com/forum/citiz...e-visa-856808/ I think he's a little confused and stressed.

SanDiegogirl Apr 2nd 2016 10:44 pm

Re: Going Back
 

Originally Posted by BritInParis (Post 11912054)
My understanding was that the OP comes to the UK on a marriage visitor visa. He wouldn't have been issued a fiancé visa without his sponsor meeting the financial requirements.

Looking back at the OP's first thread his grandfather was born in Scotland and his father was in Crown service at the time of his birth so he may already be a British citizen or at very least as a Canadian citizen he is eligible for an ancestry visa which begs the question why did he waste so much money on a (failed) spouse visa application?

Yes you are correct - marriage visitor visa.

goins Apr 3rd 2016 12:29 pm

Re: Going Back
 
I cam on a Visitor-marriage Visa in june 2015 left Sept 6-2015 (Married Agust 24/2015
My grand father is scottishThis from Find My Past: Grand Father

First Name (S): Louis Ernest
Last name: Waddel Baptism
Year: 1911
Place, St Teresa Presidency
Bengal
Mothers first name (s): Marie
Mothers Last name: Blanche
Fathers first name (s) Thomas
Fathers Last name: Waddel
Baptism Date: 01 Oct 1911
Birth date: 20 Sept 1911
Archive Reference: N – 1 -376 Folio Page:
Catalogue description: Parish register transcription from the Presidency of Bengal
Record set: British India Office births & baptism

I cant seem to find the B'day reference number, when my GF was born Thomas Waddel

Can i travel on humatarion grounds to see my father inlaw wha's cancer )prostarte) is back

I am applying for my Settlement Visa,,,just waiting for the accountant (wifes) to complete. the last time we applied we did not have the financial from April to June 2015 since then we have followed it to a "T"

Here you go

goins Apr 3rd 2016 12:32 pm

Re: Going Back
 
• Your application also falls to be refused under the Immigration Rules because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE.

You have stated on your application form that you wish to rely on your sponsor’s self-employment. You have stated that your sponsor’s income from self-employment during the last financial year was £19,760. In support of your application your sponsor’s tax return states that the net profit for the year April 2014 to April 2015 was £9,414. The accounts which you have provided state that your sponsor’s net income for 2015 has been £7,356 and for 2014 was £8,940. Given this, I am not satisfied that you have met the financial requirements; your sponsor would need to have earned a minimum of £18,600 during the last financial year.

• Your application for entry clearance under Appendix FM is refused because you do not meet the financial threshold as required under Appendix FM, or the related evidential requirements under Appendix FM-SE. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3

Pulaski Apr 3rd 2016 12:40 pm

Re: Going Back
 

Originally Posted by goins (Post 11912390)
.... My grandfather is scottish ....

Here you go - you should be eligible for an ancestry visa. It's cheaper and easier than a spouse visa. It is contingent on you planning to work in the UK.


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