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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My fiance previously worked in the Uk on a one year visa on

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My fiance previously worked in the Uk on a one year visa on 2 occasions,
2 years ago she decided to again come to the Uk and applied for a 6 month visa because she wanted to travel more and continue her study of martial arts while in the UK. she felt Having worked for 2 years before as voulunteer worker before with no problems,she feftat the time her visa woulfd be accepted but unfortunately it was declined.
Having previously spent a large sum of money for that visa and had sufficient funds in the UK for a 6 month stay and also had a place of residence for the duration of her visit, she decided to come to the uk as a visitor without a visa.
In retrospect she realises was a unwise thing to do.
Consequently she was declined entry after interview and had a deportation order issued.
We plan to marry in japan next month and we would like to know will her application for a spouse settlement visa be refused considering she had before been repatriated.
I appreciate any advice that may be of help in our situation.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

At the time of deportation did she also receive notice of a ban from entering the UK?

 

How long ago was she deported from the UK?

 

What did she say at the time when asked why she came here without a visa?

 

Kind regards,

 


Tom

Customer: replied 4 years ago.

Hello Tom,

 

The date of deportation was 19./4/09

 

When asked why she came without a visa, she told them previously she had no problems coming uk and so she had bought her flight ticket just after she applied to manilla for visa-before realising it was refused.

having spent over 600 pounds for the ticket and havin spent similar to apply for a visa which was refused, only to be told 3 days before she was due to fly she decided to just come as a visitor and ask if she can extend her stay to make the 6 months.

 

 

At that time she was refused entry and reason given was that they considered after questioning that she did not meet criteria of question 1.2.and 3 of the immigration rules.

 

1. "Does not intend to seek employment in UK"

 

When she came to Uk she had to leave her job(as the post would not be kept open,she did 2 times before in order to work here vouluntary worker) She always did this so did not forsee any problem again.

 

2."Intends to leave at date stated"

 

They felt that she may stay because she has friends in UK,and only a brother -no other family living in japan,and a place to stay with no financial burden and having left her job in japan inorder to stay 6 months.

 

3."Does not intend to take employment"

 

At the time they asked her how much money she was carrying and deemed it to be insufficient for a 6 month stay.

At that time she told them that she had a UK bank account but they asked for details.

I was actually waiting in arrivals at the airport that time and when the immigration officer asked me questions about her bank I told him she had sufficient funds as her work in japan is well paid and she always returns to employment on return to japan in her field as a teacher.

i offered to get her bank statement but he said she had already been refused entry,

he did however conceed to allow her stay my home for 1 night as the next flight was next day.so he did allow her entry to stay in uk for one night only after talking to me.

however she was sent home following day..

 

 

 

 

Customer: replied 4 years ago.

Hello Tom,

 

The date of deportation was 19./4/09

 

When asked why she came without a visa, she told them previously she had no problems coming uk and so she had bought her flight ticket just after she applied to manilla for visa-before realising it was refused.

having spent over 600 pounds for the ticket and havin spent similar to apply for a visa which was refused, only to be told 3 days before she was due to fly she decided to just come as a visitor and ask if she can extend her stay to make the 6 months.

 

 

At that time she was refused entry and reason given was that they considered after questioning that she did not meet criteria of question 1.2.and 3 of the immigration rules.

 

1. "Does not intend to seek employment in UK"

 

When she came to Uk she had to leave her job(as the post would not be kept open,she did 2 times before in order to work here vouluntary worker) She always did this so did not forsee any problem again.

 

2."Intends to leave at date stated"

 

They felt that she may stay because she has friends in UK,and only a brother -no other family living in japan,and a place to stay with no financial burden and having left her job in japan inorder to stay 6 months.

 

3."Does not intend to take employment"

 

At the time they asked her how much money she was carrying and deemed it to be insufficient for a 6 month stay.

At that time she told them that she had a UK bank account but they asked for details.

I was actually waiting in arrivals at the airport that time and when the immigration officer asked me questions about her bank I told him she had sufficient funds as her work in japan is well paid and she always returns to employment on return to japan in her field as a teacher.

i offered to get her bank statement but he said she had already been refused entry,

he did however conceed to allow her stay my home for 1 night as the next flight was next day.so he did allow her entry to stay in uk for one night only after talking to me.

however she was sent home following day..

 

As far as I can see on her paperwork there is no mention of any ban for future entry .

 

 

 

 

Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your reply.


On the facts, assuming she makes her application for a spouses visa from Japan once you are married then the previous deportation order that she was issued upon attempting to enter the UK as a visitor is unlikely to affect her application.


The UKBA may rejected it initially, thought in my view would be very unwise to do so, in which case you would have to appeal and would probably win arguing Article 8 rights Human Rights Act 1998 (right to family and private).

 

She will have to apply for a spouses visa once you are married to the British Embassy nearest to her and show:-

1. That you are legally married to eachother (marriage certificate)

 

2. That you are present and settled in the UK (property records - tenancy agreements, Land registry office copies, other records of your life here, council tax bills etc.

 

3. You have met before (statements, correspondence)

 

4. Your decision to marry was not due to you potentially being deported)

 

5. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements about your relationship from you both and any others, correspondence)

 

6. You can support each other withoutthe need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)

 

7. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)

 

8. That neither of you are younger than 21 years of age. (birth certificates, passports)

 

You will need to apply for settlement (ie. spouses visa) by using VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.

 

She will also have to pass the English language test to show she has a basic command of listening/spoken english. Very basic everyday phrases and she can contact the embassy to get a list of approved test providers.

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

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. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

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