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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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My Australian girlfriend was refused entry to the UK at the

Customer Question

My Australian girlfriend was refused entry to the UK at the airport because UK Borders decided that she either planned to overstay the 6 months she is allowed as an Australian or planned to work. We want to spend more time together to develop our relationship but do not want to be rushed into a fiance visa which requires marriage within 6 months. We haven't been together long enough for a de facto partner visa, andshe doesn't qualify under any of the other visa categories. So she has returned to Oz and is now applying for a holiday visa.

However she is worried that, although we are prepared to abide by whatever the rules are and that she will leave after 6 months, the very fact that we intend to (if all goes well) apply for a fiance visa after the 6 months makes her technically ineligible for a holiday visa. In addition she is worried the refused entry is going to count agains her application. Furthermore she is very concerned that even if she is granted a visa by the British High Commission in Australia, that Border Control might reject her again anyway. They were not overly friendly last time and it is an experience that no-one would want to repeat.

Are these concerns justified and are we going about this the right way because, after a LOT of research, we cannot see a visa which works for our situation other than a holiday one.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Are you preparing to execute a sponsorship declaration for her to submit with the visitors visa application?

Tom
Customer: replied 3 years ago.
If that means am I writing a letter to certify that I'll support her financially, provide her with somewhere to stay and ensure she returns to Australia after 6 months, then yes. If a 'sponsorship declaration' is an official document then no as I hadn't heard of it.
Expert:  Thomas replied 3 years ago.

Hi,

 

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,


Tom

Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.

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?

 

Cheers.

Expert:  Thomas replied 3 years ago.
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