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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6444
Experience:  BA (Hons), PgDip, Practising Solicitor
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My Girlfirend has been refused twice into the UK; She is an American Once for a ri

Customer Question

My Girlfirend has been refused twice into the UK; She is an American

Once for a ripped passport

Second one for concern of money
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Can you confirm what visa she is applying for please - -visitor's visa?

 

Did she travel to the UK and then was refused entry?

 

Kind regards.

 

Tom

Customer: replied 3 years ago.

My Girlfirend has been refused twice into the UK; She is an Americn

The first time was die to a ripped page in the passport. The people in Manchester were very nasty and treated her like a criminal. They implied as did the guys in the US to not say anything about having a relationship and so when asked my girlfiend said we were colleagues and she was over attneding some business

When I was called I did say she was my girlfriend and of course that conflicted with her story.

She was refused and sent back. I travelled back to the USA and within days we got another passport and the US guys officials were very kind but did mention about the relationship and best no to mention it again

My girlfriend has been in a few times since and although she has been allowed in

Last week she flew in and was stopped again. She said that she was my partner and that she was over for recreation. She had a return flight back for three weeks time

I received the call for the officer and he said that my girlfriend had mentioned she was doing to some work with me, so I replied just a ltiile work with me for admin purposes as she had her own business

He asked what the relationship and I rplied we are very close friends. He siad she memntioned you are dating and said yes we were. he asked why we had conflicting stories and I told him why

I was trying to protect my girlfriend after the last time and tried not to confirm either way

This time the officer was much better and told us that this does happen many times and he is not sure why the US tell their people to not mention relationships

I said he did believe the story but the fact my girlfriend had not worked since June they were concerned she would have no reason no to go back to the US

She had a flight booked to return, a rented accomodation and also a cat to tend too so this was never the case

She was returned home the next day because she could not prove the money aspect, although my story would not have helped that is for sure

We were told she would be better to get a visitor visa and so all the issues would be dealt with before coming to the US

They have also said she cannot come into the UK for 6 months

What I would like to see is there anythong we can do to reduce the 6 months and what do we have to do to satisfy to ensure we do get the visa

Thank you for your time

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

For a start, you have both got to stop misrepresenting your relationship. This speaks to dishonesty and the UKBA will immediately become adversarial and resistant to your attempts to secure a visa.

 

There is little you can do to reduce the 6 month time barr I'm afraid, they are allowed to do that where they have found defects in the application which suggest an element of dishonesty.

 

If you wish to apply for a visitor's visa after this time then you are free to do so. Given your troubles I would apply directly to the British embassy for a visa rather than travel to the UK in the hope of obtaining one upon port of entry in the normal way.

 

The criteria is as follows:-

  • 1. you want to visit the UK for no more than six months;
  • 2. you intend to leave the UK at the end of your visit;
  • 3. you have enough money to support yourself during your stay in the UK without working or needing help from public funds.
  • 4. you do not intend to take paid or unpaid employment.

She should state the above and provide documentary evidence to support her eligibility. For 1 & 2 she should submit evidence of her departure and return flights, evidence of her continuing accommodation in the US (eg. tenancy agreement or copy title deeds if she owns her own property. For 3 She should submit bank statements showing the money she shall have available to her whilst she is here. For 4 she should state explicitly that she is aware of this prohibition and will observe it.

 

To assist you should see a local solicitor and ask them to prepare a sponsorship declaration for you. This would corroborate the above, refer to you both and stipulate that the visit is not intended as a prelude to an application for a permanent stay. It should also state that you are to provide her accommodation and will be responsible for any unexpected costs should these occur and your girlfriend can't cover it. Send this to your girlfriend so that she can submit it with her application. It should costs around £50_Vat .

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,


Tom

 

Customer: replied 3 years ago.

The fact that sometime in the future we will get engaged and in time married, how will this affect things

We are thinking of having a home in the UK and the US?

We were not being dishonest but saying what we were told by the authorities

PLease advise?

Thank you

Expert:  Thomas replied 3 years ago.

Hi,

 

Well, it seems they have taken that view of the situation rightly or wrongly. You can explain it by saying that you were both confused about the situation and misunderstood your responsibilities.


If you get engaged and wish to marry in the UK then she would have to apply for a fiance visa,. The criteria for this is as follows:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

Suggested supporting documents in brackets.


The situation as it stands will only effect her application for a fiance visa if they maintain that she is not of good character. If they reject the application then you will be free to appeal and get a fairer hearing of your evidence in front of an immigration judge.

 

I am going offline for a few hours now.


Hope this clarifies, if so please click accept I will continues to answer your follow up questions for free.


Kind regards,.

 

Tom

Customer: replied 3 years ago.
<p>Thank you</p><p>One last question</p><p>I was thinking before your last question to apply for a visa now just to to see if we did get it granted or not and therefore knew what to do for the future</p><p>You would appear to say no on that front I would suggest?</p><p>Is it better to apply in the UK or the US?</p><p> If she wanted to come to Europe, there would be no issues with what has happened to her in the UK?</p><p>Thank you</p><p>Alastair</p>
Expert:  Thomas replied 3 years ago.

Hi Alistair,

 

Sorry it's taken me some time to reply, I've had connectivity issues over the weekend.

 

There is little point in applying now, you would be applying in the hope that they make a mistake and do not notice that she is not to apply within 6 months.

 

When she does apply after 6 months she should apply before she travels to the UK embassy for a visitor's visa.

 

Here rights to apply for visas in other European countries will be unaffected by this.

 

Please click accept.


Kind regards,


Tom

Customer: replied 3 years ago.

Final Question

you have been most helpful

Is it best to apply in the UK or the US for the visa?

Thank you

Alastair

Expert:  Thomas replied 3 years ago.

Hi Alistair,

 

It would be your girlfriend who would be applying and she would be in the USA so it would have to be from there directly to the nearest UK embassy.

 

Please click accept.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.

Hi

 

I know I did write this but I cannot find the answer too

 

My girlfirend will be coming to Europe with me, but she is concerned about the cross in her passport which clearly shows she has been denied access

 

She is worried that she will be refused and asked to go back to the US again

 

During the trip she will be entering a number of countires in Europe, namely Germany, Holland, Spain and Italy

 

Is there a chance this could happen?

 

What do we need to do to minimise this?

 

If she gets a new passport will the fact she got refused entry to the UK be flagged up even if the new passport does not have the cross in it?

 

I know it will happen in the UK regardless and we will apply for the appropriate visa when required

 

Any help you can give me would be appreciated

 

Thank you

 

 

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