UK gov't has passport; can't change ticket
Sep 17, 2012, 1:56 pm
#31
Join Date: Oct 2007
Location: Southeast USA
Programs: various
Posts: 6,710
Here's the backstory:
He's British, I'm American. We met in Tokyo while we were both working in Japan.
I applied for (and received) my fiance visa in February. I moved to the UK in May, and we got married in July. I'm applying for a visa that will allow me to stay in the UK and work, and start the path to residency.
If I wait to reapply after I get back from the US in November, my fiance visa will have lapsed, and I'd have to apply from outside the UK. In that case, I'd be stuck in the US for months until the new visa is processed. I can't do this, as my mother in law has terminal cancer, and I'm her primary caregiver here in the UK. I was only planning on being away for a week to see family, and introduce my husband to Thanksgiving dinner.
He's British, I'm American. We met in Tokyo while we were both working in Japan.
I applied for (and received) my fiance visa in February. I moved to the UK in May, and we got married in July. I'm applying for a visa that will allow me to stay in the UK and work, and start the path to residency.
If I wait to reapply after I get back from the US in November, my fiance visa will have lapsed, and I'd have to apply from outside the UK. In that case, I'd be stuck in the US for months until the new visa is processed. I can't do this, as my mother in law has terminal cancer, and I'm her primary caregiver here in the UK. I was only planning on being away for a week to see family, and introduce my husband to Thanksgiving dinner.
Sep 17, 2012, 2:32 pm
#32
Original Poster
Join Date: Aug 2012
Location: London
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I'm definitely planning on paying extra for one-day processing when it comes time to apply for Indefinite Leave to Remain.
Regarding this thread, the visa is more important than the trip home. I was just hoping not to lose $1000. I can wait a couple more months if need be.
I'm a guy, but I prefer to say "married" rather than "civilly partnered". Nothing political, but it's just such a mouthful.
Regarding this thread, the visa is more important than the trip home. I was just hoping not to lose $1000. I can wait a couple more months if need be.
I'm a guy, but I prefer to say "married" rather than "civilly partnered". Nothing political, but it's just such a mouthful.
Sep 17, 2012, 3:56 pm
#34
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Sep 17, 2012, 3:57 pm
#35
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Join Date: Jun 2006
Location: LAX/BOS/HKG/AMS/SFO...hmm, I need a life.
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Sep 17, 2012, 4:50 pm
#37
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Location: MCO
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Sep 17, 2012, 6:09 pm
#38
Join Date: Jan 2005
Posts: 815
I'm definitely planning on paying extra for one-day processing when it comes time to apply for Indefinite Leave to Remain.
Regarding this thread, the visa is more important than the trip home. I was just hoping not to lose $1000. I can wait a couple more months if need be.
I'm a guy, but I prefer to say "married" rather than "civilly partnered". Nothing political, but it's just such a mouthful.
Regarding this thread, the visa is more important than the trip home. I was just hoping not to lose $1000. I can wait a couple more months if need be.
I'm a guy, but I prefer to say "married" rather than "civilly partnered". Nothing political, but it's just such a mouthful.
Sep 18, 2012, 12:46 am
#39
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Location: LHR
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I used an expeditor for my initial work visa and, subsquently, will have to go to see the Home Office in person (in Croydon, south of London) when I renew.
Not sure if the OP could look into going to the Home Office directly or not.
Sep 18, 2012, 1:03 am
#40
Join Date: Dec 2009
Posts: 858
Dear OP,
You say you met working in Japan.
Has your "other half" ever lived, worked, studied (or even had a long holiday) in another EU country other than the one for which they hold an EU passport.
IE If British with a UK passport, have studied in Paris for at least six months or spent six months gap yearing around Continental Europe.
Or, if a Spanish passport holder - like our son - lived in the UK for at least six months.
If so, YOU DO NOT NEED A VISA!
The key phrase is your other half "exercising their third-party treaty rights."
See http://www.ukba.homeoffice.gov.uk/eu...uments-family/ and note the use of "does not have to" and "should" etc.
The law is simple. If you are the partner of an EU citizen who has "become European (by living in another EU country/ies for at least six months", then the EU Human Rights treaty that protects the right to have a family life applies - so your "life partner" cannot be refused residence and it is against EU law even to insist on them having any sort of paperwork! (Hence the "does not have to have a permit, but it is useful - and free!).
If the partner is 100% British, then tough!
You say you met working in Japan.
Has your "other half" ever lived, worked, studied (or even had a long holiday) in another EU country other than the one for which they hold an EU passport.
IE If British with a UK passport, have studied in Paris for at least six months or spent six months gap yearing around Continental Europe.
Or, if a Spanish passport holder - like our son - lived in the UK for at least six months.
If so, YOU DO NOT NEED A VISA!
The key phrase is your other half "exercising their third-party treaty rights."
See http://www.ukba.homeoffice.gov.uk/eu...uments-family/ and note the use of "does not have to" and "should" etc.
The law is simple. If you are the partner of an EU citizen who has "become European (by living in another EU country/ies for at least six months", then the EU Human Rights treaty that protects the right to have a family life applies - so your "life partner" cannot be refused residence and it is against EU law even to insist on them having any sort of paperwork! (Hence the "does not have to have a permit, but it is useful - and free!).
If the partner is 100% British, then tough!
Sep 18, 2012, 2:40 am
#42
Join Date: Feb 2007
Location: CBR
Programs: QF WP, AC*G
Posts: 1,223
Surely you checked the processing time before applying and knew the rules at the time?
The fact is that this sort of wait is not unusual. There are a range of visas in Canada where the envelope is not even being opened for 9 months after being sent. In Australia you would wait anywhere up to 12 months for a spouse visa. The US isn't particularly renowned for prompt processing a generous rules either. The fact is you are asking a country to let you move there, work there and use their social services. It is not a small decision and they need to treat every application with appropriate seriousness. Unfortunately, this takes time.
The fact is that this sort of wait is not unusual. There are a range of visas in Canada where the envelope is not even being opened for 9 months after being sent. In Australia you would wait anywhere up to 12 months for a spouse visa. The US isn't particularly renowned for prompt processing a generous rules either. The fact is you are asking a country to let you move there, work there and use their social services. It is not a small decision and they need to treat every application with appropriate seriousness. Unfortunately, this takes time.
Sep 18, 2012, 3:05 am
#43
Join Date: Jun 2005
Location: TYO
Programs: Tokyo Monorail Diamond-Encrusted-Platinum
Posts: 9,632
Re the UKBA there is flat out nothing you can do about it. They will not give you any indication, priority or squat for chasing it. Lesson I have learned from this is ALWAYS pay extra for the in person appointments and get it done on the day. Otherwise you open yourself up for a world of hurt waiting to get it back with no timeline or indications. The UKBA suck at what they do, but that is unfortunately the way it is. Don't attempt to flaunt the rules, you will get chucked out that way.
Unfortunately, in-person appointments are not an option for some procedures - like getting UKBA to correct mistakes that British embassies made in your original visa. UKBA is a national disgrace.
Sep 18, 2012, 4:40 am
#44
Original Poster
Join Date: Aug 2012
Location: London
Programs: DL FO, BA Bronze, Avis Preferred
Posts: 851
Surely you checked the processing time before applying and knew the rules at the time?
The fact is that this sort of wait is not unusual. There are a range of visas in Canada where the envelope is not even being opened for 9 months after being sent. In Australia you would wait anywhere up to 12 months for a spouse visa. The US isn't particularly renowned for prompt processing a generous rules either. The fact is you are asking a country to let you move there, work there and use their social services. It is not a small decision and they need to treat every application with appropriate seriousness. Unfortunately, this takes time.
The fact is that this sort of wait is not unusual. There are a range of visas in Canada where the envelope is not even being opened for 9 months after being sent. In Australia you would wait anywhere up to 12 months for a spouse visa. The US isn't particularly renowned for prompt processing a generous rules either. The fact is you are asking a country to let you move there, work there and use their social services. It is not a small decision and they need to treat every application with appropriate seriousness. Unfortunately, this takes time.
At this point, I'm not asking for special treatment from the UKBA, because it won't get me anywhere. I know they are swamped with applications, and that it takes quite a bit of time to process them fully.
Also, the US embassy says there is nothing they can do to help.
Eventually, I would like to earn citizenship, but that is several years in the future. There are more pressing issues in the meantime.
My main gripe is that Delta won't let me change my ticket, even though it appears I won't have my passport back in time to fly.
I will continue to call back until I find a sympathetic Medallion agent.
Really,