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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner came over from California today, with no visa, he

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My partner came over from California today, with no visa, he was taken into immigration for questioning....they have decided he wants to live here which is totally untrue...i want him here to help me sell up and move back with him...they said he is to return to USA when they told him he was not happy, swore and apparenly became aggressive so they put him into detention and will be sending him back to the states tomorrow morning.........please i need to speak to someone...they have not listened to him properly and they certainly have not listened to me...he does not want to live in this country..its too cold...and i want to sell my property and go back to California with him ....I dont know what to do...have not stopped crying since this morning ...we had it all planned in our heads what was going to happen and this has happened....when there are so many illegals in the country..and all I want is him here to help me move there.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. What nationality is your husband?
2. Have you agreed a sale of your property? What stage of the conveyancing process are you
3. Have you applied for a visa to immigrate to the UK with him yet
Kind regards.
Tom
Customer: replied 2 years ago.
He is not my husband...he is my partner, we said we would marry in my country before going back to the states....he is american....does not like the english weather..My property is not on the market as yet, thay is one of the reasons he was coming over, put it on the market while he was here and he would help me clear the house, also i work full time so he would be at the house to let people view it...have not applied for a visa have been told i cannot do that cos they have him in custody.. he is to be sent home then he can apply but his circumstances have to be different, they think cos he gave his job up and he wants to marry me, that he wants to stay in this country, which is so far from the truth...I want to be in USA with him.
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply.
First, the bad news. He will be returned to the US tomorrow. There is nothing you can do about it. The UKBA have authority to police the UK’s borders and where a person attempts to enter the UK under the visa waiver program like he has this is for visit purposes only (as you are probably aware). In cases where they suspect this is a mere veil and the actual intention is to remain in the UK to settle they are allowed to refuse entry and return to the UK.
You cannot appeal, because it is not like where a person has gained entry to the UK and has remained illegally because here there has not actually been any entry to UK borders at all and so they cannot be deported and therefore there are no deportation proceedings in which you can appeal. He is simply being returned.
If you wish for him to return to the UK to help you then he needs to apply for a visitor’s visa to one of the British Embassies in the US.
He needs to apply for a visitor’s visa.

The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

If he is till to come to the UK to marry you then he needs to apply for a marriage visitor’s visa, as you will see at the bottom of this page@:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/


You have to try and show them that he has continuing obligations in United States which will continue after the visit and therefore convince them that he is not a risk of overstay. Things like a letter return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available in the United states which shall remain there, statements from his family expecting him back.. Basically any form of documentary evidence which further substantiates his life in the US which will compel him to return.

If you are applying for a marriage visitor’s visa then you will have to show that you have made arrangements to marry here, so evidence of a booking of a venue, invites to friends, engagement rings.


If you will assist him during the intended stay you should ask them to go to a local solicitor to draft a sponsorship declaration in which you state the terms of his visit, that you are to return at the end of it, that if you are in a relationship with that person then you know that he should leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds. If you are to marry then you should state this and that you intend to make an application for a visa for the US, you may consider giving instructions to a US attorney to make preparations for your future application to migrate there (even if you don’t apply) so that you can show that you are serious and that therefore he is less of a risk of an overstay.



This should cost around £50+vat and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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