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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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We recently had a friend from America come and stay with us.

Resolved Question:

We recently had a friend from America come and stay with us. When he came here they asked how long he would be staying and he said 6 weeks. They stamped his passport and wrote in it 'six months'

He went to France on a short trip a week or so back, and upon re-entry was denied as they claimed his visa was only valid for 6 weeks - not the 6 months that was written. He went to the British Consulate and was advised that he should buy a return ticket to show that he was planning to go back and he would be allowed back in. He did this and returned to be then told he could not enter as he poses a 'significant threat' and that every time he came back he would make it worse for himself.

Is there any advice you can give us on how best to enable him to come back into the country?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

 

Where is the friend now?

 

Did the Friend have a return ticket to the US when he first entered the UK?

 

Was his intention, initially, to only stay 6 weeks?

 

Many thanks,

Customer: replied 3 years ago.
The friend is in France. A family put him up.

He didnt have a return ticket when he originally came here as he didnt know when he would go back. When they asked him how long he would stay he guessed 6 weeks and if they had written 6 weeks he would have gone then and arranged to come back after. But as they wrote 6 months in his passport he stayed longer as we assumed he was allowed.
Expert:  INC replied 3 years ago.

Hi,

 

Thanks for the clarification.

 

Generally, Tourist Visas are issued for up to a period of 6 months and the holder is entitled to remain in the UK for a period of up to 6 months.

 

Problems arise when the person to whom the visa is issued decides to stay longer than they initially proposed. In cases such as this, sometimes, an Immigration Officer (IO) would be of the opinion that the person will breach the terms of their visa if they stay longer than initially proposed.

 

In your friend's situation, the best thing the friend can do at this stage is to make an application for a new Visitors Visa to the UK Embassy in France. He should state that he was previously refused entry and explain the circumstances in any application form.

 

It would then be up to the UKBA to make a decision.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
Hello,

So if he went to the UK embassy in Paris, they could grant him a visitors visa there? Would that then enable him to get through with no hassle?

I just want to be 100% sure on my information before i pass it on to him, purely because if he goes back with this new visa and they say no, he gets another black mark in his Passport and thats something we are trying to avoid.
Expert:  INC replied 3 years ago.

Hi,

 

There is no guarantee that a visa will be granted, however, it will provide him an opportunity to avoid being returned at the airport and will also allow him to explain his circumstances to an immigration officer at the embassy.

 

If the application for a visa is refused, at least he will not be refused entry at the port.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

 

Customer: replied 3 years ago.
Hello

Thankyou for all your help.

I suggested this to my friend, and he said as a US citizen the UK embassy in Paris said he was not allowed in unless he has official business with them. Is this the norm? If so any advice how he would get a meeting with them?
Expert:  INC replied 3 years ago.

Hi,

 

This is news to me.

 

I would suggest he contact the embassy and request an appointment.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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