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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
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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Should US Fiance apply for a visit visa?

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My US citizen Fiancee visited me Last christmas for 3 weeks and then from March to August 2012 for 5 months as a tourist both times.


 


She is hoping to return in february 2013 for a month or 2 as a tourist.


 


We are both very concerned that she will be refused entry as she has a fiance in the UK and has spent almost 6 months in the Uk in the last year - both possible red flags at the border and a possibe (even if unlikely) refused entry.


 


Our US fiance visa is processing (we are going to marry and settle in the US upon *hopefully* recieving our US "K1 Fiance" visa in July 2013). In order to alleviate the stress and worry in all this and avoid a refused entry to the UK, we want to apply for a visitor visa for her ahead of time. Is this a good idea? Will she be likely granted one, or could she be denied if stating that the purpose of the trip is to visit her fiance in the UK while we await our US fiance visa to process? Also would it be wise to have a solicitor do this for us? Any advice? Many thanks, Ben.


INC :

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INC :

Hi Ben,

INC :

i assume she will not be staying longer than 6 months?

Customer:

No, the last thing we would want to do is have her overstay! No she is planning on coming for around a month.

INC :

Hi,

Customer:

hi there

INC :

If your fiancee has already been to the UK for a period of up to 6 months this year, it would be wise to apply for entry clearance (visitors visa) before she travels. Although she is not required to do so as US Citizens are granted entry clearance at the port of entry.

INC :

However, the fact that she has already been to the UK, this mat raise questions as to her intentions and it would always be best to apply for a visa first and explain the circumstances behind the reasons for travel.

INC :

The fact that she has a fiance in the UK should not prevent her from entry, however, she should explain that the intention is for both of you to settle in the US in the near future.

INC :
INC :

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

INC :

Kind regards,

Customer:

Thankyou. I should clarify that her last trip ended on August 2nd and she is planning on coming around February 5th which is just over 6 months since she was last here, with that i mind would an entry clearance still be advisable prior to travel?

INC :

Hi, if she is travelling to the UK in February 2013, this would be almost a year since she last travelled to the UK and therefore, I would be of the opinion that she would not require entry clearance before departure.

INC :






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







Kind regards,



INC :






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






Kind regards,




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