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Thomas
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My partner is an Australian citizen and is living in Sydney,

Resolved Question:

My partner is an Australian citizen and is living in Sydney, however he did live with me for almost 6months on a visitors visa (from end of September 2010 to beginning of February 2011 on a visitors visa)
He returned to Sydney to see his son in February, and was hoping to come back at the end of march, but he was denied entry at Heathrow, as UK Border Agency said that he had already stayed 6months out of a 12month period? The information we received from the Australian visa information was that after returning to Australia would be fine to come back into UK on the visitors visa as long as we had return flights, which we did.
Anyway, as i said he was denied entry and returned to Australia and now we are bringing forward our marriage plans so that we can apply for a UK prospective marriage visa for him to come to UK. But i wanted to know if the visa process would be more difficult because of he was denied entry? When i spoke to UK Border Agency at Heathrow in February, the lady explained that we just needed to do the application as normal and that there wouldnt be a problem, but my partner spoke to Australian immigration company and they said that if he was denied entry to UK that he wouldnt be able to come back for 3 years? obviously this is very conflicting information, and its very difficult to find any info on the UK border agency website....... would you be able to shed some light on my situation please, any help would be so appreciated.
Lisa
London
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi Lisa,

 

Thanks for your question.


The advice of the UKBA's official at the airport is correct in my view. I am quite suspicious of immigration companies and if I were a lay person would always rely on an immigration solicitor if I had the choice.

 

A 3 year ban is quite a serious ban, it would be noted in his passport. As a guide I attach some policy guidance on overstayers which is obviously a much more serious offence that your husband's act (which I would not even classify as an offence, there is certainly no UKBA guidance on it):-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/

You will see that for the quite serious offence of overstaying and then leaving of their own accord an overstayer only receives a one year ban. You get a two year ban for leaving at the expense of the governement within 6 months of notice of removal.

 

Overstays are not permitted as the sole reason for the UKBA to refuse a spouses visa either and yours is much less serious than that.

 

He should disclose it in his application and submit a notarise witness statement confriming the details and stating that his attempted re-entry was simply as a result of his honest mistake and a misunderstanding of the visa rights of austrailan nationals.

 

To deny him entry on this basis would in my opinion be a breach of his right to a family and private life, so even if they did reject then he would have a very good chance upon appeal.

 

 

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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