Needing To Find A Loop Hole

Last activity 20 December 2010 by thaumata

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advice-neededMember26 November 2010 20:54:57

Hey Guys and Gals,

Okay,this is my story. I am a 28 year old single mother (American). I have been dating my British boyfriend long distant for nearly 2 years now. I know it sounds impossible. But, we have known each other for 10 years now. Our families are close friend and when we were younger they use to fly to the US a lot. We just started dating March of 2009 after we both got out of relationships. Now we both have children (from previous relationships) are a bit more mature and want to see what can happen between us.

He can not come to the US because he is currently fighting for custody of both his daughters. He currently, has custody of his oldest daughter. Just last, month I went to the UK in order to spend sometime with him. While, I was there we saw a need for me to come back. He is struggling to take care of his 3 year old daughter and is currently unemployed (cause he has no one to care for his daughter). Since, I am not working here in the US and have sole custody of my children. He thought that it would be better for me to come to him, help him with his daughter so he can work. We, are not that keen on jumping into marriage even though we love each other, and we can not afford the $1200 a fiancee visa cost.

I wanted to apply for a Long-Term Visitor visa but, I am confused about this visa. If, I am granted it for 5 years, I have to leave the country every 6 months (which will be hard since my boys will be in school). But, even if that was not the case. After I leave the UK after the 6 months how long will I have to wait before I can re-enter taking into mind that my children are in school? And I will be the child care provider for his daughter.

Also, with this visa if, we decided to get married how do we go about that issue?

If anyone can come up with any advice or help me find a loop hole that will be great. I am hoping to leave by February.

FeeAcerViP27 November 2010 09:20:36

6172

Welcome to Expat.com, advice-needed

Indeed I hope someone here on the forum can direct you to the proper information to solve your questions as it seems quite intricated.

Wish you good luck in this and in your life!

Keep us updated on the situation.

Arlette

nmills1757Member28 November 2010 01:46:34

Hi, best place to start is looking over the DIRECT.GOV site which is run by the UK home office, URL directly to the VISA page below.

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4018271

ladylibertyActive member29 November 2010 09:30:42

There are quite a few problems I see here.. First of all, I am hesitant to help anyone who is looking for a "loophole" as this is what gives LEGAL immigrants a bad reputation, but I will tell you that there are not any legal loopholes to make it easy for you to move to the UK.

The visitors visa is for VISITORS, which you would NOT be if you were living there and caring for his children. You are not allowed to work and childcare is considered work. Not to mention that if you stayed for six months, you would then need to return to the US for six months before you could return to the UK. Visitors are allowed to be in the UK for only six months out of a year. Also, your children should not be allowed to register for school as a visitor.

Your options would be, as you already mentioned, to apply for a spouse or fiance visa. However, if you dont have the funds to even apply for the visa, you may find it quite difficult to meet the maintenance requirements for either of those visas.

Your BF is unemployed, you are unemployed and between you you have children that would be cared for by the UK tax payer (me). I do hope that you see the problem with that. Your BF is going to need to prove that he plans on getting a job if you are there to care for his children and that he can support you and your child without access to any additional public funds. If I was the ECO, I would have trouble believing this plan if he has been happily living off benefits for the last however many years.

Blog: www.beyondthequeen.blogspot.com

thaumataGuest20 December 2010 18:51:06

214245

Ladyliberty is exactly right. Coming here is not as simple as buying a visa, even if you decided to get married. The $1200 visa fee is for an application only, and it will be rejected if you cannot prove beyond a shadow of a doubt that you and your family will not be a burden on the benefits system after you arrive. You will need to prove that you will have adequate housing, savings and employment in order to qualify for a spousal visa, and it's only good for two years, during which time you will be allowed to work, but you will not be allowed to receive any welfare benefits. At the end of two years, you will need to pay roughly another thousand pounds to get the next stage of visa. It's not cheap to come here.

Your only real "loophole" is for one of you to get a good job and start saving. Maybe he can get a friend to trade childcare with him while he's working, or maybe you can.

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