Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 11 of 11 Posts

·
Registered
Joined
·
5 Posts
Discussion Starter · #1 ·
Hello everyone,

I really would appreciate your advice.

I am an American citizen. I applied for a settlement visa back in May from the US (as is required). I was refused in June and I appealed on the 27th of June. On the 9th of July I was told that a decision will be made by the 21st of November. In early September I was allowed to enter the UK on a waiver to visit my wife. Today, I received an email stating that the decision was over turned and my visa will be issued. However it also stated that if I am visiting the UK, I will have to return to my home country and then send the passport to be stamped.

So my question is: do I have to go back to the US - can't I just go to Holland for example and send my passport from there and wait for it to be sent back to an address in Holland, and then reenter the UK?

Thank you.
 

·
Registered
Joined
·
1,290 Posts
The letter from UKBA stated that you must return to your home country and send your passport to be stamped, so yes, you must do that.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #3 ·
But what is the logic behind that? I can understand that I need to be outside the UK, but why the US? What if I was doing work say in Germany? I just wonder if there are clear rules stated about this anywhere.
 

·
Super Moderator
Joined
·
18,071 Posts
The logic and the rule is that when applying for a spouse visa when living outside of the UK you need to be in your normal place of residence. If you had been working in Germany or the Netherlands with a valid long term visa to stay then that would have been your normal place of residence and you would have applied from there. You weren't. Your normal place of residence is the US. Honestly, you're extremely fortunate that your refusal was overturned so quickly. Most take a minimum of 6 months. Count yourself lucky, follow the instructions and return to the US.
 

·
Registered
Joined
·
39,103 Posts
Simply, as you originally applied for settlement visa in US (and you had no choice), your visa can only be affixed by the visa office that handled your application - they are directed by First Tier Tribunal to do so.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #6 ·
On the need to depart the UK

Simply, as you originally applied for settlement visa in US (and you had no choice), your visa can only be affixed by the visa office that handled your application - they are directed by First Tier Tribunal to do so.
Yes, of course I understand, and of course I will abide by what ever the UK Immigration Office says. And of course I feel blessed and fortunate. But none of the posts of my friends above addressed my real point. I can see that I need to be in the US to apply, since I am American, and this of course I did. But if I am in the UK legally on a visit, does it make sense to ask me to go back to the US and send my passport, wait for it to return with the stamp, and then come back to the UK. There is something in this that doesn't feel right. What possible difference does it make since I have already fulfilled all the requirements? And it would be a lot easier, if the emphasis was on departing the UK, irrespective of to where this departure is (which would leave room for one to go to France for example), rather than on departing to one's "home country.".

Has anyone out there experienced such a situation?
 

·
Registered
Joined
·
39,103 Posts
You are misunderstanding the rule on visas.
Your current leave is as visitor, which cannot be changed (or 'switched') to any other leave. You must get your spouse visa in the US where you originally applied, and on returning at UK border, the immigration officer will stamp it and activate it - they are the only people who can do so.
To state briefly, the fact you are in UK as a visitor is completely irrelevant. Most people stay in their home country while they appeal against a decision, and if it's overturned, they send off their passport to be endorsed with a visa and they enter UK with it to be activated at the border. So this is the procedure you must follow.
Got it?
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #8 ·
You are misunderstanding the rule on visas.
Your current leave is as visitor, which cannot be changed (or 'switched') to any other leave. You must get your spouse visa in the US where you originally applied, and on returning at UK border, the immigration officer will stamp it and activate it - they are the only people who can do so.
To state briefly, the fact you are in UK as a visitor is completely irrelevant. Most people stay in their home country while they appeal against a decision, and if it's overturned, they send off their passport to be endorsed with a visa and they enter UK with it to be activated at the border. So this is the procedure you must follow.
Got it?
Thank you :) But focus with me for a second. The waiver I am in the UK on cannot be switched. Fine, this makes sense. So I must leave the UK. And as you said, the Immigration Officer will stamp and activate my visa upon my return. Again, all this makes sense. But what difference does it make if I am in France or the US when I send my passport, as long I am outside of the UK? How does my presence in the US again in any way change the fact that I have already satisfied all of the requirements for this visa? In the same vain, what difference would it make for the Immigration Officer at the airport if I have arrived from the US, France or China for that matter?

At any rate, I was hoping for someone who had actually been through this to share his/her experience. I have sent an email to Immigration Office, and I will do whatever they ask me to do.

Thanks for everyone who took the time to post a response.
 

·
Registered
Joined
·
39,103 Posts
Because the visa officer in France is NOT PERMITTED to attach a spouse visa in your passport, as you didn't apply there in the first place. Only the ORIGINAL visa office in US is allowed to do so. This is an invariable rule of Home Office and the First Tier Tribunal who sanctioned the visa to be issued. So if you fly off to France and present your passport at the UK consulate in Paris (where visa office is located), you will be REFUSED and told to do it in US.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #10 ·
My friend, I am being asked to send my passport to the Sheffield Visa Office. I am NOT being asked to send it to an Office in the US. They simply want the package containing the passport to be mailed FROM the US to Sheffield. And so I have to travel to the US to mail this package. If it was as you are describing, of course it would make sense, but it isn't. The email I received asked me to send the passport to Sheffield. Got it? :)
 

·
Registered
Joined
·
39,103 Posts
Sheffield is the processing centre for settlement visas applied for in US. So it makes sense. Got it?
And you are expected to be in the country of application (US) when you mail your passport to Sheffield. Got it?
Nothing further to discuss, so this thread is closed.
 
1 - 11 of 11 Posts
Status
Not open for further replies.
Top