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Maverick
Maverick, Advocate
Category: UK Law
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Experience:  20 years proefessional experience
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Yesterday my wife and myself entered the uk, I am a uk

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Hi, yesterday my wife and myself entered the uk, I am a uk national since birth and my wife is a Chinese national. She was refused entry on her visitor visa as she previously had a settlement Visa refused. She has received a temporary admission form. Is there anything we can do
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No Pending applications, what is USCIS
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

If she had a valid visa but still was denied entry then she needs to appeal within 10 days. to the immigration and asylum tribunal and usually incur a fee. The Office of the Immigration Services Commissioner can provide you with information about where to seek legal advice. You can also contact the local Citizen’s Advice Bureau for information that can help with immigration issues. If she did not have a valid visitor's visa and entry clearance, then contact the Immigration Advisory Service (IAS), by telephoning the local representative; the IAS has representatives at all major UK airports. They can offer some advice and services for free. The period of temporary admission is to allow her time to provide the necessary evidence to support her case for entry into the UK.

Customer: replied 4 months ago.
Thanks for the reply, she does have a valid visitors visa but they say that because she previously was refused a settlement visa that they believe her intention is settlement. which it actually is, as we checked on line Gov.uk and it says we can change the visa in one day in the at a visa centre using premier service. So our plan was to enter UK then immediately book the appointment at the visa centre and sort out the leave to remain.

This seems to be an odd contradiction as no visitor visa should have issued if they believed her intention was settlement. So, effectively they are revoking her visitor visa on the spot. You may still be able to apply to switch to a family based visa while on temporary admission if

you both:

  • apply in a 10-year route
  • can prove you’ve been in the UK for more than 6 months before you apply
Customer: replied 4 months ago.
She already had the visitor visa before she applied for the settlement visa. I don't need anything as I am a UK citizen since birth.
We have just arrived from China where I have been working for the last 10 years. We are also travelling with our daughter who was born in China but is a UK citizen.

Even assuming that she had a valid visitor visa, she could not switch to a spouse visa if she is already in the UK and was initially admitted for a period of less than six months; for example, if she were initially admitted entry as a visitor. See this link. However, it appears that she may be able to make the switch while on temporary admission. See this link.

Customer: replied 4 months ago.
That's clear for me, thanks

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