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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi XXXXX boyfriend tried to come here to the uk on

Resolved Question:

Hi XXXXX boyfriend tried to come here to the uk on Tuesday to stay with me for a month he has a return ticket, his full American passport and enough money to support himself but is now being held in penine house in Manchester airport and waiting to be sent back home. is there anyway of him being able to stay with me at all? I do have contact with him and he's very confused and doesn't understand. I hope you can help me.

many thanks
Jodi
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Jodi,

Thanks for your question.

What are the reasons for the refusal of entry please?

Kind regards,


Tom
Customer: replied 3 years ago.

they didn't tell me all that much but one that they did say is they were not happy with money side of things, my boyfriend (Ben) knows more as they sat and told him some of the reason. He did show them bank statements to prove he had enough in there but they said its not good enough that they need proof where it came from etc. they questioned me on his money too

Expert:  Thomas replied 3 years ago.
Hi,

Are they aware that you are in a relationship with him?

Would he stay at your home for the duration of his stay?

Kind regards,


Tom
Customer: replied 3 years ago.


yes they know we are together and yes he will be staying with me, I told them that my family are very supportive of our relationship that we chat on Skype or on the phone everyday. I have just rang him this second and he told me what was written down on the paper he was given, it says he is not band from the uk that the reason for his return to the us is the they think he would break conditions of turning to the us!! is this right? I feel for him tom because hes never been to the uk before and all he wants is to spend time with me and he gets this


 

Expert:  Thomas replied 3 years ago.
Hi Jodi,

Okay. Thanks for your reply. I am drafting my answer now, it should be ready in 5 mins..

Please take a deep breath. You won't be able to stop him being returned to the US now but you will be able to get him a further visa later once he is in the US by applying.

Kind regards,

Tom
Customer: replied 3 years ago.


Ok thank you Tom, he was meant to be going home today now they are saying that it wont be today and doesn't know when.

Expert:  Thomas replied 3 years ago.

Hi Jodi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

As a US citizen he has the right to attempt to enter under the visa waiver program by arriving at the airport and being granted 6 months leave to remain there. Technically though, entry in this way is still discretionary in that if they suspect a breach of the immigration rules might occur if they give a person entry then they can refuse entry on that basis.

This is what has happened. They are not saying that he HAS breached the immigration rules, just that he MIGHT breach them if they gave him entry on the basis of the information that they have at the moment.

This means that he will not be banned provided that he has not attempt to deceive them.

You won’t be able to stop them from returning him I’m afraid a person does not have any appeal rights at the airport, this is part of the visa waiver program.

Therefore, he will have to return to the US and make a new application from there for a visitor’s visa before he travels rather than by simply attempting to enter the UK under the visa waiver program. The application should deal with the concerns raised by the entry clearance officers who have refuse him entyr.

The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that he has continuing obligations in his home country which will continue after the visit and therefore convince them that he is not a risk of overstay. Things like a letter from his employer stating he has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available and evidence of other responsibilities that he has which will continue after the visit.

If you will assist him during the intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of his visit, that he is to return at the end of it, that if you are in a relationship with him then you know that he should leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship (stating that you have absolutely no intention to make an application at any time in the future at this present time), that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

If the house where he will stay is with you parents then you should ask them to also execute sponsorship declarations. These should then be pass to your boyfriend to submit with his application.

This should cost around £50+vat and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

I know it’s more of pain but by applying for a visa before he travels it means that he won’t face doubt over whether or not he will be allowed entry to the UK.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
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