Visa Success At Last!

[frequent]

There it is again; the trending word of the month.

An apposite comment - just don't mention Prince Andrew

[scottish-guy]

So anyway - following our tete-a-tete with the Immigration lawyer (whose meter was running faster than a BKK taxi driver's), there do not seem to be any options for the BF staying on in the UK (which is much as I expected).

The only way he could remain would be to claim asylum which given that Vietnam is not known to criminalise/persecute gays (the only applicable situation we can think of) would be a very difficult claim to succeed in.

Otherwise, all options involve leaving the UK and hoping to be granted a fresh Visa of whatever category (absolutely not guaranteed)

So, some serious thinking will be required over the next few months as to how to move forward.

[Nirish guy]

I'm sure you've looked into it a hundred times SG but what about a ( genuine) study visa as that seems the automatic route for most guys ?

I know one Chinese friend of mine came here on a tourist visa and on liking the place ( god knows why) asked me to take him Queens University ( which he knew nothing of but had just googled "local Uni'). I explained cockily "oh trust me it doesn't work like that" and he looked at ME strangely and just said "ok, but take me please anyway". I did, he literally walked in the front door with no appointment, spoke to "someone" ? ( in the classes department I guess), he then picked ( WAS SOLD) some random course that he liked / could tolerate and signed up for and paid for it on the spot.

His fee ( which was considerable I seem to recall - like over a grand I think or maybe even two ?) but he was clear that to the Uni it was a business and they would do anything to help him get in / get his visa - as long as he paid them of course.

But that was it, he stayed here a while until the end of his tourist visa, then instantly switched over to his Study visa without having to leave the country, he then moved into digs here and stayed several more months and only left by his own choice again several months later and once he got bored. The whole study visa thing was obviously only a means to an end for him as he didn't give a toss about actually studying as his family were apparently rich enough to afford multiple Visas in several Countries that he visited it seems as I noted on facebook that he played that same card in several Countries that he visited it seems and it seems he just factored in "study visa cost" to his overall costs of world travel it seems.

So What about that - no joy there perhaps ?

[scottish-guy]

Well the Study Visa/Student Visitor Visa was a route we tried 5 years ago and it was refused.

We did not find the process anywhere near as easy as your Chinese friend and (please take this in the spirit it's intended) there are a number of serious omissions in the story as it has been told to you:

1. You need to PROVE you have a shitload of money which will sustain your living expenses throughout the duration of your Course. At the time we tried it was a minimum of £800 per month - so for a one year course you'd need to have (and demonstrate you had) "recourse to funds" of £9600 in an established bank account in your name for at least the last 6 months

2. The only way around that (if you're unable or unprepared to deposit 10,000 knicker in your BFs bank account for 6 months) is to claim that YOU will underwrite that sum of money and then the onus falls on YOU not only to PROVE you have "recourse to funds" but (and here's the bitch) PROVE you will give those funds to him. Quite how you are supposed to PROVE what you will do in the future remains a mystery and that was the excuse they used to refuse the Visa - that they "were not satisfied" that although I had deposited said funds in a dedicated UK Bank Account and had certification to prove it, that I would actually make those funds available to him if and when he arrived.

3. As the "sponsor" you then have to submit yourself to intense scrutiny - this involves providing the title deeds to your property, your bank statements, your birth certificate, even the logbook of your car!! All of which must of course be notarised by a solicitor at your own (considerable) expense.

So, to sum up, yes it could be something to look at again but it's something we tried years ago and either your Chinese friend is extremely well off on his own account or there are aspects to his application he's not telling you.

The other aspect I find confusing is that he seems to have gained a Study Visa whilst in the UK on a Visitor Visa - we were told yesterday that this simply isn't possible and that any application for any other Visa must be made from your country of residence - which would involve going back to Vietnam and starting again.

But I do appreciate you taking the time to post a suggestion

[Nirish guy]

Whilst the above happened maybe 4 years ago now I can assure you that it WAS exactly as I've outlined above. Even I was surprised just how easily he literally walked into Queens, picked a course, paid ( up front) for it, got whatever paperwork he needed and that was it - I dont even think HE did the visa stuff, I think that was the university as part of his "fee" as he was staying with me at the time and I dont recall any / or much paperwork floating around at the time and he honestly couldn't have cared less and obviously having did this before it was all just a matter of routine to him it seemed - and the bottom line is it MUST have worked as he did stay on here for maybe 9 months more I think before moving on.

All those other things - I think I would have a go at again if I were you. Surely the bank account thing would be just a matter of giving him a bank debit card etc ( and removing the money the second the visa was granted of course ! ? I do think though as you've said my chinese friend WAS well off ( if not bloody rich actually) with family money as he just seemed / seems to spend his life travelling. I've watched his facebook travels since and he would put many of us to shame !

I assume BTW that you've also looked into "specialist skills"and employing him in some bullshit way too ( although I'm not sure "blowing the boss" counts as THAT special (well to them if not to you ! ) as with the amount people who ARE getting their Visa's to here now I wouldn't give up hope perhaps - best of luck either way of course.

Mind you on reflection - now that you've got your first tourist visa ( which is of course by FAR the hardest) and they tend to be a lot more lenient there after in the issuing of further visas it seems as theres a proven record of going home etc, perhaps one x 5 or 6 months visit a year or 2 x 4 month visits a year just might well work as enough for both of you so that you still have the best of both worlds - quite literally.

[scottish-guy]

Yes the 6 monthly visa route was my original plan but now of course he doesn't ever want to go back to Vietnam for the other 6 months!!

There's also (as the lawyer advised) a long term visitors visa which still affords the 6 months out of 12 stay in any calendar year but can be valid for 2, 5,or 10 years to save re-applying every year - but again you have to go home.

We have made contact with some of the Vietnamese community here to try to get some tips but (you've guessed it?) it turns out my BF is the only one of the lot who's here legally

[MiniMee]

I am surprised that frequent hasn’t suggested it but wouldn’t getting married be the answer to your visa problems?

[scottish-guy]

That would be the answer - except that he is specifically not allowed to get married or enter a civil partnership in the UK on a Visitor's Visa, nor does Vietnam recognise same sex marriage, so that's out too.

A few years ago it was trumpeted that Vietnam was going to lead the way in Asia with same-sex marriage. The reality was different and turned out to be that you can now go ahead and have a nice little same-sex wedding ceremony in Vietnam if you feel like it (nobody will stop you) but legally it means nothing, therefore the UK will not recognise it, so bang goes that Visa option.

I really feel that after 7 or 8 years to get him here we are not going to be split up by red tape, so if I can't keep him here legally (and he desperately wants to stay and wants nothing in the way of state benefits) then I may have to just bite the bullet, sell up, and move elsewhere.

As one gets older the limited time left really concentrates the mind and one realises there is very little time to piss about before one's health inevitably dictates that all options have run out

[bobsaigon2]

There is really something VERY special about a Vietnamese guy who desperately wants to stay somewhere as cold as Scotland. Good find, SG.

[cdnmatt]

I guess it all depends on your persona, but living in Asia really isn't very bad SG. It's to the point I can't really imagine myself living in a cold and isolated society such as Canada anymore, and much prefer the life you see and experience on the streets in Asia. I'm also quite confident Leo will dislike Canada for those same reasons -- the paranoia and fear that permeate the West just don't really exist out here, and it's somewhat of a sigh of relief.

Like you said, you only live once. I wouldn't be too scared of packing up and moving, as there's always a decent chance it will turn into one of the best decisions of your life.