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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2137
Experience:  I am a qualified solicitor and an expert in UK law.
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Good evening, Im sure youve probably heard a lot of situations

Resolved Question:

Good evening,

I'm sure you've probably heard a lot of situations like these, but I keep getting different answers and I'm in dire need of some proper guidance.

I'm a Romanian student, who lives and studies in Sheffield, at The University of Sheffield. I'm 23 years old I have a Yellow card which allows me to work full time in holidays and part time in term periods. I have a stable job, and I worked full time all of this summer, and am about to switch to part time once my course starts. I'm now starting my second year.

I met my girlfriend about 6 months ago, online. She's 19. We grew more and more fond of each other and we eventually fell in love. We decided that we want to visit each other, and since I can't visit her because of my studies and work, we decided that she would visit me instead. We've done research and found out she can come here for a maximum of six months without a visitor's VISA, if she has a passport, which she applied for and obtained.

I live in a private student accommodation and my landlord would not mind me living with her while she visits. I know that because there were other couples living in this flat for months. They've even provided every room with double beds.

I'm also aware that we won't be satisfied by visiting each other and we'll eventually want to live together. We already do, actually. So we decided that, while she would visit me, she would apply at Hallam University, here in Sheffield in hopes of eventually becoming a student and being granted a student VISA. If she applies now, she would obtain her VISA somewhere at the end of 2014's summer and we can't wait that long.

She used to work as well, but due to her family moving in Utah (she used to live in Illinois) she had to quit her job. She didn't get another job because she already had $2000 raised and by that time we were already planning to visit each other. I had worked for my whole summer period for us, and I have around £1200 raised, plus what I'm gonna get from my part time work, plus her 2000$ minus her return plane ticket which as around $1,100, which she paid for. Her visit would have been for 5 months and 3 weeks.

At Heathrow Airport she was denied entry in the UK. The reasons were vague. At first it was because she didn't have enough money in her account (which was around $600) at that point. She got interviewed and so did I, over the phone. I told them everything they asked for, in full detail. Even about her wanting to study here. I told them about my financial situation and that I have enough money to support her financially. All of this process lasted 10 long hours, after which I left the terminal and she had to wait another night before being sent back home the next day. It was devastating for both of us. I wasn't told why they denied her entry. She was told that she can't prove that she's going back in the US.

I just want to know what we should to in order to finally see each other. What's our best options? I'm guessing she has to apply for a Visitor's Visa but how much money would she need in her account for that to work? And if she does, will she still be checked for money when she gets here? Will she be asked to prove that she's going back again?

I would be very appreciative of someone would offer me some detailed answers, and tell me what our best options are.

Regards,
Adrian
Submitted: 12 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 12 months 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.

1. In respect of her being able to visit you the options would again have to be for her to apply for a visit visa to enter the uk. As she is a us citizen she is not required to apply for a visit visa, however as she has now be refused entry to the UK she would need to apply for a visit visa prior to her arriving to the uk. The home office state the following :


Even if you do not need a visa, you may want to obtain one before you travel as it could save you time when you arrive at the UK border.

We 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 staying here after your permission to stay expired);
you have previously applied for a visa and 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 would need to submit all the evidence in respect of finances etc but there is no exact amount that she needs to show , the home office usually take an estimate of around 200 pounds a week for the applicant's stay excluding accommodation. What she would need to submit the letter from your landlord along with both her and your bank statements showing that you both have enough funds to accommodate her.

She may be asked to show evidence of her finances when she enters the uk so she should keep this with her on her arriving to the uk. Because of her lack of funds and that being the reason she was refused, the immigration officer may ask for her to provide bank statements. In addition because she is in a relationship with you the home office is worried that she may over stay her visa.

When she applies for a visit visa she would need to provide she has enough funds and that she will not overstay her visa. She should there save up more funds and then apply or obtain employment or enrol on a course before applying for her visit visa.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 12 months ago.

I'm sorry I just have more questions and if you provide them for me adequately, I promise I will rate you with Excellent services, as the information you've given me so far is more than adequate.


 


When she applies for her visa, does she have to specify for how long she wants the visit the UK? And how exactly can she prove that she won't overstay? Will a job be enough for that?

Expert:  UK_Lawyer replied 12 months ago.
Thank you for your reply. It's quite alright I am happy to answer your further questions for clarification.

In the application she would need to state how long she wishes to remain in the uk. She should remain in the uk for the length of time she states in the uk.

Provided she is employed yes that should be enough to show the home office that she has a steady job in the us and she will return, she should show payslips and also a letter from the employer on the employer's letter head stating that she is on annual leave and they expect her to return to work upon her return. I suggest she stays in the uk for 4-6 weeks then if they accept her application for a visit visa then she would not have any issues with obtaining a visit visa again.

I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards
Customer: replied 12 months ago.

"I suggest she stays in the uk for 4-6 weeks then if they accept her application for a visit visa then she would not have any issues with obtaining a visit visa again."


 


I'm not entirely sure everything's clarified. She is not in the UK right now. She's just been sent home yesterday, back to Utah. We didn't even get the chance to see each other. We never have, so far. That's why we're so desperate to meet.


 


I'm really sorry if I'm not being clear enough. I just want to know what our next step should be, since she's not even employed yet. I'm guessing she would have to get a job again but how long would it need to pass after she gets it? Also, would you consider that getting married would be a better option for us? If so, how should we act on that because we're willing to do pretty much everything.


 


I'm really sorry if I'm being a nuisance, I just want to be with her and right now you're the only help I have.

Expert:  UK_Lawyer replied 12 months ago.
Thank you for your reply.

1. I was stating that she reduces her stay in the uk to ease her entry to the uk. The home office is more likely to let someone in the uk if they state they are staying in the uk from 6 weeks rather than 6 months.

2. I suggest that she us employed for at least 3 months to enable her to have enough payslips.

3. Yes if you marry it would make her entry to the UK a lot easier, all she would need to show is that you are currently exercising treaty rights in the uk and that you are married. The form she would need to apply using is VAF5 please see the following link :

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

She would not need to show she will return to the us as she would be applying to settle in the uk. Her visa would be issued for 6 months, she can then once she arrives to the uk for an residence permit which will be issued for 5 years. The form she would need to apply using will be ee2 please see the following link :

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

If you marry this would definitely make it easier for her to settle in the uk as your partner.

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: 2137
Experience: I am a qualified solicitor and an expert in UK law.
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