UK Immigration Law
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A sponsorship declaration essentially says what you would be saying in the letter but it would be drafted by a solicitor and sworn by you in front of the solicitor. They generally carry more weight with the immigration officials than a letter.
It would cost around £50+Vat from a immigration solicitor in your area to draft.
The points you should both reinforce in your sponsorship declaration and her statement in the application are as follows:-
1. You both intend for the visit to be no more than 6 months
2. You are both aware that she is not allowed to transfer in to any other visa category whilst here on a visitor's visa. You are aware there is non flexibility in this whatsoever.
3. You are aware that any overstay on her part could potentially prejudice any future applications she may choose to make in the future (although in fact they are not allowed to reject on the basis of an overstay alone in the case of fiance/spouses visas) and she would not wish to affect her future rights in this way.
4. You are both aware that any form of deception in this matter is serious and again could prejudice future applications and that neither of you would wish to do so.
5. You are both aware that working (paid or unpaid) is prohibited under a visitors visa and she has not intention to do so, again because of potential prejudice to her future rights. You should also both submit bank statements showing that you have access to sufficient funds to enable her not to work. In you case this should also show proof of your accommodation (eg. Land registry official copies, or tenancy agreement) indicating that she can stay without pay money.
6. You should also state that you will cover any unforeseen expenses during her stay.
If the application is rejected then you can always appeal it and your evidence will get a much fairer hearing on appeal and, if necessary, you can instruct a solicitor to act in the appeal.
I'm afraid it's a product of there being considerably more Australian overstayers in the UK than anywhere else in the world.
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,
Thanks very much - this is a very good suggestion and quite reassuring. I'll look into getting something like that drafted up.
Two quick follow up questions if I may?
1. Can you confirm that the refusal of entry she has already experienced will also not be a factor / cannot predjudice her current application.
2. Can she STILL be refused entry at the UK Border for the same reasons even with an approved visa from the British High Comission in Oz?
Just collate your evidence (ie. bank statements) and take it to a solicitor, they will do the drafting.
The refusal will not prejudice the current application unless they suspect deception. This is one of the points you should cover, that the official acted erroneously in denying her entry and that there was no deception.
If she receives the visa then they would only reject when she arrives if they is some kind of intervening event (eg. the commission of a crime or some undeniable evidence of deception). This is unlikely to happen.
Thank you for your kind accept.
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