What else could we add to my girlfriend's visa application?

[L95T]

Hello,

My girlfriend and I have been together for 1.5yrs after meeting each other in the USA when I was working there. We stayed in the USA for 2.5 months before going to the UK, where she visited me the same day I flew home. She stayed for 2 weeks. She then came to visit again for 2.5 weeks before flying directly to China from Manchester, where she worked as a teacher in China for 11 months. In May 2018, I came to visit her in China and we stayed there until October, where we then flew to the USA for her sister's wedding. I returned to the UK on November 3 2018, and her flight was booked for November 11 2018.

Yesterday she arrived in the UK and was questioned for 10 hours before being refused entry and granted immigration bail, meaning she was able to come home with me for that evening before flying back to the USA this morning. The reason for denial was basically that the Customs Officer wasn't satisfied she would leave the UK within 6 months and so refused her entry. She also had no return flight which reinforced their beliefs. We were going to book a return flight this week or next after deciding if I would be going to the USA with her after she stayed here for a few months (she would've stayed for 3 or 4 since we had to decide what dates exactly). Yes we should have booked a return flight before she flew to the UK, which I am not disputing. She also offered to book a return flight in front of them for 3 months from yesterday but they wouldn't allow her.

Anyhoo, she now intends to get a visitors visa and return to the UK within the next month or so. She was told she may attempt to return when she likes. However, we are worried about how this refusal of entry would affect her visa application and even if her visa would be granted, that they still might deny her at the border. I really don't want her to fly so far only to be told she still cannot gain entry.

A Customs Officer told me when she applies for a vistor visa, she would need to provide proof that she has incentive to return to the US, such as leave granted from a job or a place at university. She had already graduated last year just before we met, and she has no job as she only returned from working in China for 11 months just 3 weeks ago. They also said that they would take her family into account as incentive to return, but due to her age (23) it won't hold much weight, as they believe she would cope without seeing her family (kinda stupid, she only wants to visit for 6 months maximum before returning to the US).

What options do we have? She will not be working here, and she only wants to visit me for 6 months ideally (although we suspect they won't allow that) or if not that long, then 4 months. I'm really kicking myself over the fact we didn't book a return and that is basically what set us up for failure. We're not able to appeal the decision neither as she wasn't travelling on a visa. We feel as everything we suggest there's a reason why we cannot do it because of X reasons. She only wants to visit me for an extended period of time within the maximum stay allowed.

In addition, during the questioning, I was asked over the phone by immigration how long she planned to stay in the UK. As we did not have a definite answer because we were going to speak about it together, I said a few months. On the paperwork she received when granted bail, the officer said that I said 'indefinite' which is a complete lie - I did not use that word whatsoever, and said our stories didn't match up so it was another reason he wouldn't accept entry. There's also no way to appeal this, even though the officer unfortunately misheard me. The worst part is that we only intended to be together for up to 6 months before either she flew back to the USA alone or I came with her. There's nothing untoward happening and our relationship is completely genuine, which I don't think they believed.

Taking our entire circumstances into account, what route would be best for her to simply come over for (ideally) 6 months or less to visit me before returning to the States? I'm terribly worried they would deny her visa application after everything that's happened just yesterday under the belief she will not return to the airport to leave the UK (which is totally false as she may apply for university in the upcoming year here in the UK to complete her masters, so she has no reason whatsoever to overstay her allowed time ).

Sorry for the long post but I'm at a loss. She's on the plane right now back to the States, after being treated like a criminal for the whole 10 hours and not allowing her to contact her family or without them informing me what the status of the investigation was, I was only told it's on-going and to wait. I was in the arrivals lounge for 11 hours.

[L95T]

One other thing I forgot to note was finances. She has over 5k in one of her accounts, and another 1.5k in another account which she offered to show the people interviewing her, but they would not accept it as they thought it wasn't enough money to support herself. They even said she cannot prove the money is hers, which I find wholly unfair. She was going to show them via online banking as opposed to paper statements. Online banking also has her name, details, etc. She was also going to live with my parents and I so money wouldn't be an issue, and three out of four people in our regular household are working. I'm unemployed at the moment as I took a gap year from university to visit her in China for 6 months, and I only returned last week or so.

Finally, she has traveled extensively and not once overstayed any of her allowed time. She was in Spain studying for 6 months, and then working in China for 11 months. She has not once broken any of her terms and they have no reason whatsoever to believe she would breach her terms of arrival in the UK, such as overstaying or working illegally.

[L95T]

All in all, she wasn't banned from returning to the UK but they made it clear any future attempt would be greatly investigated and would be very difficult. This all seems incredibly unfair to treat her like she's done something wrong or against the law, but the very fact of the matter is, she simply came here without a return flight as we planned to do it this week or next together after I decided if I'd be going to the US with her. It seems very difficult for her to now come visit me in the UK because of this one incident (which she has not actually broken any laws or done anything wrong).

[L95T]

I have a question regarding the Standard Visitor Visa (SVV).

My girlfriend will be applying for one of these from the US as she was denied entry into the UK upon arrival yesterday. From the Internet, I have come to understand that if her visa APPLICATION is denied, she can either reapply for a new one or challenge it on human rights or something.

My question, however, is that... if she is granted a SVV, and travels to the UK, and because she was refused entry yesterday they then decide NOT to allow her into the UK, despite having a SVV, is she allowed to appeal that? And what rights would she have, if any, regarding that? I'm really worried that because she was denied entry yesterday as they believed she would stay longer than 6 months, they may turn her away again at the border even if she acquired a SVV. Would they?

Kind regards and thanks,

[az121212]

Firstly I sympathise with you, I was in a very similar situation a few years ago where a foreign (ex)girlfriend of mine was denied entry to the UK while I was waiting for her at Heathrow for hours, where she was detained till her flight home the next day. I only got to spend a couple of hours with her on the plane the next morning which I booked a seat for just so I could see her as she went back to her country. So I know the feelings you are experiencing and I know it is not nice.

Secondly, to the actual issue at hand. Unfortunately you have made the mistake to assume that the way things look to you, is the same they look to immigration officials.

Everything you have posted about your girlfriend is red flag after red flag after red flag. Basically screaming to the Border Officials 'I am going to overstay do not let me enter'. I know you don't see it that way, but look at it this way.

She has no job (BIG red flag). No return ticket (even BIGGER red flag). No concrete plans about how long she wants to stay. Has spent a long time living in different countries so has no ties to her 'home' country. Not enough money to support herself (you may think £5k is enough for 6 months but it really is not. Your point about living with family is irrelevant).

So while she did not break any laws per se, it is very easy to see why she was denied entry. From the face of it, it looks like she wanted to come to the UK to live and not to visit. People who come to visit have all the things she doesn't have - at least that is the way the Border Officials see it.

So thirdly what to do going forward.. well I honestly cannot see her getting approved for a visit visa unless her circumstances change. But there is no harm in trying. If she is denied, then the only way she will be visiting you in the UK is by waiting a period of time, getting all the things she doesn't have (mainly a job) then applying again, or by you two getting engaged/married and applying for a Fiance/Spouse visa.

There is no other easy way. Take this as a lesson learnt. A lesson with harsh results, but still a lesson learnt.

In the mean time book yourself a flight to the USA to see her. I am sure it will make you feel better.

[CR001]

I have a question regarding the Standard Visitor Visa (SVV).

My girlfriend will be applying for one of these from the US as she was denied entry into the UK upon arrival yesterday. From the Internet, I have come to understand that if her visa APPLICATION is denied, she can either reapply for a new one or challenge it on human rights or something.

My question, however, is that... if she is granted a SVV, and travels to the UK, and because she was refused entry yesterday they then decide NOT to allow her into the UK, despite having a SVV, is she allowed to appeal that? And what rights would she have, if any, regarding that? I'm really worried that because she was denied entry yesterday as they believed she would stay longer than 6 months, they may turn her away again at the border even if she acquired a SVV. Would they?

Kind regards and thanks,

What human rights exactly?

Visitor visa have no appeal rights.

And yes, if the IO is not satisfied, they can still refuse her entry even if she has a valid visa.

[L95T]

Firstly I sympathise with you, I was in a very similar situation a few years ago where a foreign (ex)girlfriend of mine was denied entry to the UK while I was waiting for her at Heathrow for hours, where she was detained till her flight home the next day. I only got to spend a couple of hours with her on the plane the next morning which I booked a seat for just so I could see her as she went back to her country. So I know the feelings you are experiencing and I know it is not nice.

Secondly, to the actual issue at hand. Unfortunately you have made the mistake to assume that the way things look to you, is the same they look to immigration officials.

Everything you have posted about your girlfriend is red flag after red flag after red flag. Basically screaming to the Border Officials 'I am going to overstay do not let me enter'. I know you don't see it that way, but look at it this way.

She has no job (BIG red flag). No return ticket (even BIGGER red flag). No concrete plans about how long she wants to stay. Has spent a long time living in different countries so has no ties to her 'home' country. Not enough money to support herself (you may think £5k is enough for 6 months but it really is not. Your point about living with family is irrelevant).

So while she did not break any laws per se, it is very easy to see why she was denied entry. From the face of it, it looks like she wanted to come to the UK to live and not to visit. People who come to visit have all the things she doesn't have - at least that is the way the Border Officials see it.

So thirdly what to do going forward.. well I honestly cannot see her getting approved for a visit visa unless her circumstances change. But there is no harm in trying. If she is denied, then the only way she will be visiting you in the UK is by waiting a period of time, getting all the things she doesn't have (mainly a job) then applying again, or by you two getting engaged/married and applying for a Fiance/Spouse visa.

There is no other easy way. Take this as a lesson learnt. A lesson with harsh results, but still a lesson learnt.

In the mean time book yourself a flight to the USA to see her. I am sure it will make you feel better.

Ok thank you for your answer. Do you think that a visa would be considered even if she has no job, if she only intended to stay for maybe 3 months? And if she booked return flights and even offered UK immigration to keep her passport during her stay?

Looking back in hindsight, I suppose it does appear like she has no ties to her home country. Her only times abroad were for 6 months study in Spain while still at University in Ohio, and then 11 months in China as a teacher to gain teaching experienced needed for her masters here in England hopefully.

It really does look like she wanted to live here, but sadly for us that isn't the case. What, if anything, in the future could we do differently? If she obtained a job back home, would that be a significant factor in their visa approval decision making process?

Even if she cannot get a job, is there any hope of a visa approval to just simply visit? All we want is a couple of months together and she does not intend to stay in the UK whatsoever. Would offering immigration to keep her passport make any difference?

Thanks for your reply.

[CR001]

Would offering immigration to keep her passport make any difference?

No it would make no difference at all even if they could keep it.

[L95T]

Would offering immigration to keep her passport make any difference?

No it would make no difference at all even if they could keep it.

Is there no way for an American to come visit somebody in the UK for 4 months then after being refused entry once?

[CR001]

Would offering immigration to keep her passport make any difference?

No it would make no difference at all even if they could keep it.

Is there no way for an American to come visit somebody in the UK for 4 months then after being refused entry once?

It would be difficult if the person has no ties to their home country. 4 month is also not a 'visit' really. A visit is a couple/few weeks usually.

There has been a lot of abuse of the visitor visa with people arriving for a 'visit' and then not leaving, so the rules are tougher now. In the last 2 years alone, there have been numerous US citizens arriving with their British partners as visitors and then not leaving and attempting to apply for family visas within the UK and failing, these are people who are married to British citizens and have British children and they have failed and encounter nightmare problems.

[L95T]

Would offering immigration to keep her passport make any difference?

No it would make no difference at all even if they could keep it.

Is there no way for an American to come visit somebody in the UK for 4 months then after being refused entry once?

It would be difficult if the person has no ties to their home country. 4 month is also not a 'visit' really. A visit is a couple/few weeks usually.

There has been a lot of abuse of the visitor visa with people arriving for a 'visit' and then not leaving, so the rules are tougher now. In the last 2 years alone, there have been numerous US citizens arriving with their British partners as visitors and then not leaving and attempting to apply for family visas within the UK and failing, these are people who are married to British citizens and have British children and they have failed and encounter nightmare problems.

It's looking like we either get married or I just go over there for a couple of months. We ultimately do want to live together after living in China for 6 months, and 4 months is enough time to do that for a short while at least before she returns, and then I'd come see her. But unfortunately it's looking more slim as time goes on.

[L95T]

We're still deciding whether to apply for a two-month visitor visa for her even though she's unemployed (it's only 2 months) and she has more than enough money to fund it herself, if I was not helping out. If not, we're going to meet up in Spain or France for a month and go travelling together there if she cannot gain entry to the UK.

Thank you all for your assistance, there's been some good answers.

[L95T]

Hi,

U.S girlfriend was denied entry to UK and put on a plane back because of lack of return flight and IO wasn't satisfied she'd leave within 6 months. She's going to apply for a standard visitor visa for 2 months to spend both Christmas and her birthday together in the UK.

So far, this is what we have:

Statements from both sets of parents providing financial support, if needed
Statement from my parents confirming she's staying with us
Financial statements from both sets of parents
Bank statements from my account of approx. 5,000 GBP
Events in the USA she and I will attend in February (proof of tickets)
My flight to USA on same day as hers to prove both she and I are leaving in late February
Invitation to her sister's birthday party in the States (with sister's ID to prove birthday date is real)

She wishes to visit me for just two months before we both fly back to the States. Given her previous refusal of entry, what else could we add to this list to indeed prove she will be flying back? She has no job there as she's just returned from working in China 3 weeks ago.

Is it possible to sponsor her visit? How does this work, and what documents/proof would one need to sponsor a visitor?

Awfully worried they will deny her visa application if they think she's trying to stay in the UK, which she is not. Would mentioning she intends to apply to a university in the UK along with the city and course number help much, to further help prove she will leave the UK on her return flight day? As this might help them see she would not jeopardize her chances at university in the UK by overstaying her visa.

Kind regards,

[CR001]

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