Post
by Natgeb » Mon Aug 26, 2013 12:46 pm
WoeisMe: here is my situation, My wife and I are discussing whether to exercise her treaty rights or not. You have to be working in a Member State. Is your wife in the US currently?
My family situation:
I am an American citizen. My wife is British. Our son has both Britsh and American citizenship.
I came to the UK in 2006 on a work visa, I met my future wife not long after. We applied for a marriage certificate, it was granted. We married in 2008. I was on a work permit until 2009. Before my permit expired I applied for a spouse visa and that was granted until 2011.
In 2010, we departed the UK for America. My wife was granted a green card for two years. We had our son in 2011. Soon after we realized it would be in his best interest if he were raised in the UK. This was for multiple reasons all pertaining to his well-being. My wife returned to the UK with our son in August 2012. I remained in the USA as I was still working.
I came to the UK at the end of September as a tourist to be with my family for our sons birthday, which was in October. I had a return flight booked a few days after his birthday. However we soon found out that immigration rules had changed. We realized if I returned back to the USA and I applied for a visa there it would have been refused as we did not meet the requirements set out by UKBA. We contacted a solicitor, whom we are still working with. They suggested we apply while I was here in the UK on grounds of Best Interest of the Child Article 8(human Rights).So we did.
While waiting for a decision from the Home Office I was issued a letter by the Border Agency requesting a meeting in Portsmouth. The reason for the meeting: to determine if I entered the UK illegally. I was escorted to a room where I was told I was under caution and questioned. The officer stated they usually conducted these types of meetings at a police station(department). She stated they were trying to conclude if I had been deceitful upon my entering the UK, as well as my intentions etc.
The Outcome: after the meeting I was told by the officer she was going upstairs to meet with her superior to discuss their findings. She returned and told me they were satisfied that I had not been deceitful and had entered the UK LEGALLY. She also added they would have preferred I entered on a proper Visa. Following our discussion she informed me that her superior upstairs was the agent presiding over my visa application.
My solicitor was not present at this interview. I am not sure why?
The UKBA decision: The application was REFUSED.Reasons given by UKBA:
-We did not meet the financial requirements
- I was in the UK as a tourist
-My relationship with my wife is subsiding therefore I don't have sole parental responsibility of our child
-They don't find it unreasonable our son return to the USA where he was born with me. My wife could return with us if she wished to do so
-Particular significance was put on my failure to obtain the correct entry level clearance prior to my traveling to the UK. Especially given my experience with other applications from my prior stay in the UK.
The refusal letter also stated I should be removed from the UK and returned to the USA.
I cannot see here where any weight was giving in consideration of the child's best interest? If they are to look at this with great care they certainly did not.
Other items we submitted but were not considered.
- My wife has been employed full-time since returning to the UK
-An offer letter for employment for myself pending the visa decision
We have filed an appeal with the First Tier Tribunal. We have not heard anything as of yet
