Help! rejected at border, can still apply on Fiance visa?

[CLucarini]

Hi all,

I would like to hear your opinions about the best course of action, I am qutie frankly rather confused
I already called a number of solicitors, but they all gave me rather different versions. In any case, these are the facts

1. My girlfiend (american citizen) was on a post-study tier 1 visa. Just a few days before the visa expired, she left the country
2. After her visa expired, she tried to come back as a tourist but she was refused clearance on the ground that she had a boyfriend here (me, italian citizen) and they suspected her to want to overstay her tourist visa
3. She was forcefully put on a plane (not at her expense) and sent back

We have a serious relationship lasting for more than 2 years now and we intend to get married. We are thinking to apply for a fiance visa, however..

-since she was rejected at the border, does she have a ban on her? do we need to try to get rid of it before applying?
-if she has a ban, would it stop us from moving (and getting married) in any other EU country?
-as I am not an UK citizen, does this make the process to apply for a fiance visa more complicated?

I would really be happy to hear your opinions and experiences about it, I am really worried and confused

[Amber]

Hi all,

I would like to hear your opinions about the best course of action, I am qutie frankly rather confused
I already called a number of solicitors, but they all gave me rather different versions. In any case, these are the facts

1. My girlfiend (american citizen) was on a post-study tier 1 visa. Just a few days before the visa expired, she left the country
2. After her visa expired, she tried to come back as a tourist but she was refused clearance on the ground that she had a boyfriend here (me, italian citizen) and they suspected her to want to overstay her tourist visa
3. She was forcefully put on a plane (not at her expense) and sent back

We have a serious relationship lasting for more than 2 years now and we intend to get married. We are thinking to apply for a fiance visa, however..

-since she was rejected at the border, does she have a ban on her? do we need to try to get rid of it before applying?
-if she has a ban, would it stop us from moving (and getting married) in any other EU country?
-as I am not an UK citizen, does this make the process to apply for a fiance visa more complicated?

I would really be happy to hear your opinions and experiences about it, I am really worried and confused

I think that this may be answered better in the EEA forum.

[Ayyubi72]

No, there won't be a problem you getting married in any eu country due to this incident.

If you have decided to marry, then the best way would be.

First get married. This could be in any country. ( But it would make more sense if you marry in Italy, or USA.)

She then applies for EEA family permit at a British embassy. She will get 6 months permit. As soon as she lands in UK she can apply for a residence card on for eea2. Both these application will be free. (maybe a small postal or handling charge.)

All this will only work if you (the eea citizen she is relying on) is exercising treaty rights in UK.

You exercise treaty rights by
Being employed or
Self employed or
Student or
Being Self Sufficient.

Just let the forum know which route you would like to take and then you will be guided to more specific information.

[vinny]

Topic moved.

[Pablito]

Since you said you are Italian, after you are married her ban would not have any bearing on your right to be joined by her in UK, however, whether she was banned or not, still Family Permit for which you will be able to apply does not always end in success, but its free application.

At this point it is best for you to arrange marriage in country other than UK, and don't worry once you are married no matter what difficulties you may face from authorities it is your and her right to be together in UK and not a matter of choice for UK's authorities.