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

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?

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.

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.

Re: Going Back
 

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:

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.

Re: Going Back
 

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

Re: Going Back
 

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.

Re: Going Back
 

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)

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?

Re: Going Back
 

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.

Re: Going Back
 

Yes you are correct - marriage visitor visa.

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

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

Re: Going Back
 

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.

Re: Going Back
 

:thumbup:

Re: Going Back
 

The OP was given the same advice a year ago and chose to ignore and apply for a spouse visa instead.

Re: Going Back
 

I know. I still think it's a good idea though.

Re: Going Back
 

So do I. Whether the OP acts on it this time remains to be seen.

Re: Going Back
 

from the OP post #13 in this thread, if his grandfather was born in Calcutta India (not Scotland)- how would this qualify the OP for an ancestry visa?

Re: Going Back
 

The grandfather was born in Scotland, the father was born in India. The OP was born in India but is now a Canadian citizen.

Re: Going Back
 

confused...maybe the OP can jump back in on this?

Can the OP confirm whether his grandfather was born in Scotland or India

Only from what was posted in post 13, how would his grandfather be Scottish, unless it was by descent?

"I came on a Visitor-marriage Visa in june 2015 left Sept 6-2015 (Married August 24/2015

My grand father is scottish

This from Find My Past: Grand Father

First Name (S): Louis Ernest
Last name: Waddel
Baptism Year: 1911
Place, St Teresa Presidency
Bengal"

.

Re: Going Back
 

The option of the Ancestry visa for this OP was discussed last year.

The OP could not find any documentation to back up his UK grandfather's background so it was never pursued.

The OP went the marriage visitor visa and is now pursuing a spouse visa.

Re: Going Back
 

Has also been asking about the SS route :eek:

Like a fly in the ointment...just saying;)

Re: Going Back
 

Ty pulaski ...much appreciated, i will act on this...

Re: Going Back
 

goins, was your grandfather born in Scotland or India?

If your grandfather was born in Scotland then you would need to get his birth certificate, as well as your father (born in India) also

obtaining a birth certificate if born in Scotland

How to Order an Official Extract from the Registers | National Records of Scotland

Re: Going Back
 

Yes i have confirmed through my brother and Sisters..Grand father was born in a small town in scotland..went to India to fight in the war...my father was born in India..
Grand mother was french whom he married, before going to the war..Waddel is a scottish name...cant find the B'date of my grand father but found his wife.

This is from Find My Past:

First name(s): Louis Earnest (Father)
Last name: Waddel
Baptism year: 1911
Birth year: 1911
Place: ,St Teresa
Presidency: Bengal
Mother's first name(s): Marie Blanche (grand Mother)
Mother's last name: -
Father's first name(s): Thomas (Grand Father)
Father's last name: Waddel
Baptism date: 01 Oct 1911
Birth date: 20 Sep 1911
Archive reference: N-1-376
Folio: 118
Page: -
Catalogue descriptions: Parish register transcripts from the Presidency of Bengal
Record set: British India Office births & baptisms

Re: Going Back
 

i can get my Fathers B'cert, but my Grand fathers is a bit of a challenge, i will be making some calls tomorrow..

Re: Going Back
 

do you know or can you check to see if your fathers (FULL LONG FORM]birth certificate has any further details on your grandfather, as to his place of birth, date of birth etc, would be the place to start.

Re: Going Back
 

and from a post by BritInParis
Which of the above do you not have please goins?
Which of the above do you have?

I subscribe to both Ancestry and FindMyPast as well as several other type sites. It is my hobby & I have compiled family trees for folk other than myself.

I believe you will have
Your own birth certificate
Your Dad's Indian birth certificate
Your parents marriage certificate
Your own Canadian passport.

Re: Going Back
 

At a minimum the OP could expect to receive an ancestry visa if he can provide evidence that his paternal grandfather was born in Scotland. If he can also the evidence reposted by BEVS then he may already in fact be a British citizen and entitled to a British citizen passport.

For what it's worth I've placed an order through the GRO for the OP's father's consular birth certificate.

Re: Going Back
 

What an extremely kind thing for you to do, you're a very good egg BiP.

Re: Going Back
 

It may or may not exist but it will certainly aid the OP's claim to British citizenship if it does and shows that his grandfather was in Crown service at the time of his father's birth.

Re: Going Back
 

I find goins posts very confusing :(.

*If* he's interested in an ancestry visa, perhaps the following might help:
going on the information given above, I believe that his grandparents (Thomas W & Marie-Blanche D?**) were married in Calcutta 20/7/1908; a record exists*. Their marriage certificate may contain further details which would help trace his grandfather's military rank (& therefore records), &/or birthplace (& therefore birth certificate).

*OP was given this info when he posted a question about his ancestry elsewhere, last year.

** Just to add another possibility to the "puzzle", OP *might* have a claim to French citizenship too ...

Re: Going Back
 

This is the marriage record.

Something to consider but probably not a rabbit hole worth going down at this stage.

Re: Going Back
 

:wub: I loves you I does.

I'll do a bit of digging myself later on.

Bless you BiP

Re: Going Back
 

I cant thank you all enough, i was talking to my brother and we spoke about what exists, also brother dug some important information such as my G/father was sent to India for the first world war.i do believe

This is the hardship my wife and her Mother would be dealing with,,as long as i have letters from doctors care takers and council which can prove the hardships..this letter would give some weight to the issue.

Article 8 of the ECHR (European Union Human rights) which says

I have considered your rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the Immigration Rules are deemed to be compliant with human rights legislation. Although you may have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control.

It has also been considered whether your application raises any exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the Immigration Rules.

You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of entry clearance outside the rules.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

Re: Going Back
 

With which regiment?
Any clues you give I can work with.

Where in Scotland do you feel your grandfather was born.

Records are a little confusing as there is a Thomas Waddel born at the right time to a Hugh Ernest Wendel in India .

If BritInParis is able to obtain your Dad's consular records at least the exact name of your grandfather will be hopefully pinned down.

Re: Going Back
 

all my brother Julian said grandad's name was Thomas Waddel married Marie Blanche fought in the first world war..and died in India he was born in Scotland in a small village (does not know the name ) i dont even think the village exists,
as for regiment he does not know..

Fathers DOB is 20 sept 1911, Married Marjorie Fernandez DOB 2/0ct 1928



Here is a Thomas Waddel in India.

http://www.bl.uk/catalogues/iofhs.shtml
Thomas Waddel, buried 9 Aug 1942, Calcutta, age 60

https://familysearch.org/ark:/61903/1:1:FG7J-N8S
Thomas Waddel, born 16 Nov 1881, bapt. 21 Dec 1881, Calcutta, India,
parents Hugh Ernest Waddel & Amelia Jemima

https://familysearch.org/ark:/61903/1:1:FGJG-3SY
Thomas Waddel's 1908 marriage Marie Blanche Desbruslais

https://familysearch.org/ark:/61903/1:1:FGJ2-89C
Thomas Waddel's 1915 marriage to Fanny Augusta Waddel

http://search.fibis.org/frontis/bin/
I see some Waddel information also here

Re: Going Back
 

The village will always exist.

This is Scotland and England. It goes back hundreds of years before.

Did your brother say how your grandfather remained in India?