UK Immigration Law

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I am Australian and visiting the UK and in the category of

General Visitor. I am here...
I am Australian and visiting the UK and in the category of General Visitor. I am here to visit family, but I am also travelling to Europe a couple of times. I have already done this twice and when I most recently returned, I was queried by Immigration. I understand that I can stay as a General Visitor for up to 6 months, however it seems that if I make multiple visits out of the Uk, there may be a problem. I cannot apply for a multiple entry visa as I am already in the UK. Can you advise what I should do about this as I have 2 more trips outside the UK planned before I go back to Australia.
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Answered in 12 hours by:
5/26/2013
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,625
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Do you mean that you will travel outside the UK then return?

If so, what dates would these be and when did you last enter the UK?

Tom
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Customer reply replied 4 years ago

I arrived in the UK 25 March 2103, I travelled to Hungary from 23 April, returned 4 May, then travelled to Italy 18 May and returned 25 May. I have also planned to go to Amsterdam on 15 July returning 23 July and then to Colorado 16 August returning 26 August. I have then got a return ticket back to Australia on 8 September 2013.


 


I am concerned that this will be considered unfavourable by UK Immigration

Customer reply replied 4 years ago

I think that the following section from the Immigration Law may apply to me.


 


It is part of Section 41


 


(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and does not intend to live for extended periods in the United Kingdom through frequent or successive visits;

Hi

Thanks for your patience.

I’m afraid that I cannot really offer you any assurance that you would be admitted re-entry if you left the UK.

As an Australian citizen you are granted leave to remains as a visitor when you arrive in the UK without applying or a visa before you come. This is a general visitor’s visa, which means that you may remain in the UK for up to a period of 6 months. It does not permit rights of multiple entry.

You have correctly identified the section of the immigration rules which effectively prohibits multiple entries.

If you wished to have multiple entries then you should have applied for a multiple entry visitors visa before you travelled.

The practical effect of this is that if you were to leave and attempt re-entry then the UKBA would have a ground to refuse you because it is a breach of a condition of your present visa. Frankly, I am surprised that the UKBA let you back in if you have done this already.

I’m afraid that if you leave then it is highly likely that you would be permitted re-entry, particularly having regard to the fact that you have done this before.

It is also a condition of your visa that you cannot apply for switch in to another visa category, so thought I do sympathise your options are either to remain in the UK without leaving or to leave with the high likelihood that you would not be admitted again.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Customer reply replied 4 years ago
Do you advise contacting the UK Home office to find out if I could get re-entry? I.e., do you think that they would give me any definitive answer?
Hi,

No, they won't give anything away I'm afraid. They'd just palm it off on the entry clearance officers...

I am sorry.

Tom
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Customer reply replied 4 years ago

Thank you for that, I will try to call anyway because I will need to make a decision about my bookings as I have already paid for my airline tickets. Is there any advice as to how I should couch my query when I call? Or is there any other options that I may have?


 


Another query, once I get back to Australia, I will want to be coming back to the UK doing the same thing. Should I apply for a multiple entry visa, or should I apply for a family visitor visa. Are there any advantages of one over the other?


 


 

Hi,

You can apply for a multiple entry family visa when you are back in Australia.

You're going to have to claim it as honest mistake, rather than a willfull breach of the immigration rules and hope that they have sympathy with you.

I have to be honest, it's not a great position to be in and frankly I would avoid attempt to leave/re-enter really.


Tom
Thomas
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Thomas
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