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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2056
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I married a American woman on July 10th 2012, shortly

Customer Question

Hi,
I married a American woman on July 10th 2012, shortly returned home to United Kingdom around August 7th of this year.as I am a British Citizen.
My wife came here on August 21st to November 15th on a Tourist Visa.
She then tried to come back on November 29th with her son.
But unfortunately she was turned back from Heathrow and denied entry to enter the country.
Reason (section 88(2)(d)2....
She had no intention of staying permanently as we are trying to do the spousal visa next August as I don't have enough tax credits until then.
Our concerns are as follows;
Will my wife now get turned away again in January because she as now a black mark on her passport .
Or will she get denied online with a visitor Visa because of what happened....
She was not banned for 10 years.
Also because I don't have enough tax credits until next August can a friend sponsor ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

What were the reasons given for refusal?
Can she support herself in the UK?
Does she work in the USA?
Does she have family there?

Kind regards
Customer: replied 1 year ago.

 


.not satisfied that you were genuinely seeking entry as a visitor but to stay ( was not true0


.she cant support herself here as I have been supporting her for the last two years. and is currently unemployed.


Yes she as a family but no contact.


Basically there reason for refusal was they though she was trying to emigrate which was so untrue

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The fact that she does not require a visa to enter means that she was not able to provide evidence upon entry to the immigration officer at the time of entry. What the UK immigration officers require is evidence that a visitor will not be overstaying their visit visa.

What she would need to do is now apply for visa prior to arriving to the UK as she has been refused a visit visa. The immigration officers strongly advise you to apply for a visa before travelling to the UK if:

you have any unspent criminal convictions in any country, including the UK; you have previously been refused entry, deported or otherwise removed from the UK; you have breached the terms of any previous entry to the UK (for example, by working illegally or stayinghereafter your permission to stay expired); you have previously applied for a visaand been refused; or you have been warned by a UK official that you should obtain a visa before you travel to the UK.

You may not be allowed to enter the UK if you do not have a visa.

She should apply for a visa and provide evidence that she will return to the USA, ie evidence of her connectionto the USA, such as family, education, evidence of property, photographs, letters from friends stating her intention of returning, affidavit from her stating that she would not be breaching her visa and oberstaying. This is essential if she wishes to be granted a visa.

Anyone can sponsor her provided they provide evidence of monies, affidavit that she will be maintained and accommodated in the UK without recourse to public funds. Provided that the sponsor has funds they are able to sponsor her.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2056
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,


One quick question,


Since we are married. but do not intend to apply for a Spouse visa until August. what type of visa should we apply for.


 


many thanks

Expert:  UK_Lawyer replied 1 year ago.
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