foreign national owning property in the uk

audrey.wince · Post by **audrey.wince** » Fri Jan 21, 2011 4:11 pm

Hello everybody,

If a foreign national (non EU/Commonwealth) is owning a property in the UK will he or she be allowed to live in the UK?

Thank you!

wunder · Post by **wunder** » Fri Jan 21, 2011 5:34 pm

No.

Ownership of property in UK does not affect anything - regardless of it, you will need to pass usual immigration routes (work or study or marriage) to live UK.

audrey.wince · Post by **audrey.wince** » Fri Jan 21, 2011 5:41 pm

The thing is that i was married to a british citizen and he passed away. we never lived in the UK. Do I have any chances as a widow?

Post by **vinny** » Fri Jan 21, 2011 9:13 pm

Unfortunately, no.

audrey.wince · Post by **audrey.wince** » Sat Jan 22, 2011 9:23 am

thank you very much for your replies.

Audrey

pennylessinindia · Post by **pennylessinindia** » Tue Jan 25, 2011 11:02 am

vinny wrote:Unfortunately, no.

It looks like a slim chance of something take a little look at this
http://www.ukvisas.gov.uk/en/ecg/settle ... s#18405467

audrey.wince · Post by **audrey.wince** » Tue Jan 25, 2011 12:23 pm

pennylessinindia wrote:
vinny wrote:Unfortunately, no.
It looks like a slim chance of something take a little look at this
http://www.ukvisas.gov.uk/en/ecg/settle ... s#18405467

I am lost for words... thank you very very much for this...

Audrey

Post by **geriatrix** » Tue Jan 25, 2011 3:02 pm

pennylessinindia wrote:It looks like a slim chance of something take a little look at this
http://www.ukvisas.gov.uk/en/ecg/settle ... s#18405467

AFAIK, this may only be relevant if the spouse of the British citizen (sponsor) has made an application for entry clearance as spouse of a British citizen before the sponsor's death and has been unable to complete the 2 years probationary period in the UK before the sponsor's death. Also note that the statement in the (linked) clause refers to "ILR" and not "entry clearance or ILE".

Moreover, I do not see any provision in the immigration rules for "leave to enter" or "leave to remain" as bereaved spouse of a British citizen / settled person, but there is only a provision for "indefinite leave to remain" as bereaved spouse of a British citizen / settled person (287(b)).

IMHO ...

regards

audrey.wince · Post by **audrey.wince** » Tue Jan 25, 2011 3:26 pm

thank you for the comment

audrey.wince · Post by **audrey.wince** » Sun Jan 30, 2011 12:12 pm

does anybody know where to find precedent cases? thank you

audrey.wince · Post by **audrey.wince** » Tue Mar 29, 2011 10:55 am

hello again, guys

i seriously need help from you all...i don't believe that case like mine has never been considered, but i can not find a precedent or to be more precise, i don't know where to look for it... can you please point me in the right direction...

many thanks for everything,

audrey

Post by **geriatrix** » Tue Mar 29, 2011 12:07 pm

There may be no precedent because, as indicated above, the immigration rules do not seem to allow what you wish.

You may wish to consult a competent immigration solicitor to understand if there are any options available to you.

Post by **vinny** » Tue Mar 29, 2011 12:09 pm

Case Law Search

audrey.wince · Post by **audrey.wince** » Tue Mar 29, 2011 12:11 pm

sushdmehta wrote:There may be no precedent because, as indicated above, the immigration rules do not seem to allow what you wish.

You may wish to consult a competent immigration solicitor to understand if there are any options available to you.

I have spoken to an immigration lawyer, and one of the options for me would be to try an Exceptional leave or discretionary leave, but with absolutely no guarantee.... so I was thinking if there are precedents like mine under those EL/DL somewhere....that would help me to fight my case...

Thanks as always

audrey.wince · Post by **audrey.wince** » Tue Mar 29, 2011 12:15 pm

vinny wrote:Case Law Search

thank you

audrey.wince · Post by **audrey.wince** » Wed Jun 29, 2011 4:54 pm

no luck anywhere... can't find a precedent

audrey.wince · Post by **audrey.wince** » Tue Jul 05, 2011 5:08 pm

I have a request, if possible, if any of you hears anything similar to my case with positive result, PLEASE, do let me know if you can.

Thank you.

mulderpf · Post by **mulderpf** » Tue Jul 05, 2011 5:20 pm

The difficulty with your case is the fact that you have absolutely no ties to the UK other than a property.

The fact of the matter is that there are people who have to leave the UK on a daily basis after having lived here for a number of years, have bought cars, set up homes, found employment, paid taxes, established social circles and so on. On a ranking scale, the fact that you own property here, doesn't put you high on the "list of priority" - as bad it may sound.

I do not see, especially in the current political climate where immigration rules are getting exceptionally strict, that you would be allowed to live in the UK, except...

If you have more than Â£200,000 in equity, you could sell the house and use that for an entrepreneur visa (but you would have to start your own business etc). (Or sell the property and use the money in another country instead...).

audrey.wince · Post by **audrey.wince** » Tue Jul 05, 2011 6:21 pm

mulderpf wrote:The difficulty with your case is the fact that you have absolutely no ties to the UK other than a property.

The fact of the matter is that there are people who have to leave the UK on a daily basis after having lived here for a number of years, have bought cars, set up homes, found employment, paid taxes, established social circles and so on. On a ranking scale, the fact that you own property here, doesn't put you high on the "list of priority" - as bad it may sound.

I do not see, especially in the current political climate where immigration rules are getting exceptionally strict, that you would be allowed to live in the UK, except...

If you have more than Â£200,000 in equity, you could sell the house and use that for an entrepreneur visa (but you would have to start your own business etc). (Or sell the property and use the money in another country instead...).

Hi, thank you for your reply. I do pay taxes in the UK and I am also allocated a NI number.... and my late husband's friends in the UK are my friends, but I know my case is a difficult one.... thanks again for your feedback

audrey.wince · Post by **audrey.wince** » Sat Jun 09, 2012 9:28 am

Can't find anything anywhere, no information whatsoever on cases like mine. Feel like giving up.

Post by **Greenie** » Sat Jun 09, 2012 2:15 pm

The fact is, as already pointed out to you, there is no scope in the immigration rules for a bereaved spouse of a British citizen to apply for entry clearance purely on that basis. You and your husband chose to live outside the UK whilst he was alive and therefore there is no reason why the rules would permit you to come here on the basis of your marriage if he is not alive unless for example you had minor British citizen children. There are no precedents because there is no application under the rules for entry clearance that you can make on these grounds. Perhaps you need to move on.

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foreign national owning property in the uk

foreign national owning property in the uk