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I'm a UK citizen and my partner with whom I entered into a Civil Union under UK law is a US citizen. My partner's application for a UK settlement visa was denied several months ago by the UKBA in New York City because there was inadequate supporting documentation. Unfortunately we did it hurriedly without legal advice. We did not appeal. Instead we plan to submit a new application at a later date with proper legal advice. In the meantime, he wants to visit the UK for a few weeks as a tourist and is concerned that he might be turned back at Heathrow immigration because hs settlement visa was denied. I live in both the US and UK and plan to accompany him when he visits the UK. Will he have a problem entering? He has been here many times before.
Optional Information: Province/Country relating to question : Uk
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He should be allowed to visit the UK, but would need to ensure the he be completely honest regarding the purpose of his visit and his relationship to you. He should also ensure that he does not overstay the six months visit visa as this may effect any application submitted thereafter.
If he is still worried regarding being allowed into the UK, then I would suggest that he apply for a visit visa and enclose all the relevant information in the application, this would then be determined by an entry clearance officer to whether they believe he is credible and will leave the country after six months. He should include the reasons why he is not apply for a settlement visa now as well as reasons for him to return to the US. If adequate evidence is provided of the above then his visit visa application should be successful. The immigration officer would need to be satisfied that you will leave the UK within six months.
He could also if he does not want to apply for a visit visa take documentation in respect of the above and provide it to the immigration officer if needed.
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Kind regards,
Rather than apply for a visitor visa, would it be better if we enter the UK together in the UK line and have our Civil Union documentation/pics etc with us and a return ticket for him to the US.
Thank you for your reply.
Yes this is a possibility and he should be allowed to enter the UK, provided that he satisfies the immigration officer at the port of entry.
You should however, be mindful of the fact that there is always a risk that he may be refused entry. The United Kingdom border agency do urge individuals to apply for a visa if they have been refused a UK visa prior to entry.
Does he apply for the visitor visa at UKBA in New York City again--same place where he filed his papers back in February for settlement visa--and is the form available online?
Yes he would apply at the same British Embassy. He would need to apply as a general visitor and would need to fill in the following form:
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/apply/
Experience: I am a qualified solicitor and an expert in UK law