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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7503
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear Sir/madam, My fiancé is US citizen, i am UK and we

Resolved Question:

Dear Sir/madam,

My fiancé is US citizen, i am UK and we co-own a property in the UK. He was refused entry to the Uk last month as we planned to marry and he didn't have a valid visa. This was a mistake on my part as i didn't realise and my local registry office was happy to proceed and issue my licence.. We are now planning a wedding outside of the UK in June but my partner needs to come to the UK with me and our daughter to sell our house there at the end of this month. Will we have further issues when he tries to enter? i have tried to ask immigration but i get nowhere.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

I am afraid that it is possible that he could face further problems if he attempts to enter. This is because the rights of US citizens to enter under the visa waiver program are technically discretionary, which means that the entry clearance officers can reject an entrant where they consider that a breach of the immigration rules will occur.

They were correct, unforutunately, in rejecting due to your plans to marry because your fiance should really have applied for a marriage visitor's visa if he wished to marry in the first place.

Ideally, you would now get him to apply for a visa before he travels so that he has certainty as to whether or not he will be permitted entry.

If there is not enough time to apply for a visa before he travels then you will have to take your chances on entering under the visa waiver program. He should carry proof of his continuing life in the US with him when he enters in the form of bank statements, evidence of his job back in the US, return flights tickets, evidence of accomodation in the US, basically anything in documentary form which substantiates his life in the US.

This is because he will likely be questioned when he attempts to enter. If he appears genuine then the entry clearance officer will probably take a view and let him in.

Please note that it is possible for him to instruct a solicitor to sell the house from the US, if this is the ultimate worry

Kind regards


Tom
Customer: replied 2 years ago.

Dear XXXXX,


 


Many thanks you answer is kind of what i expected. I live in the UAE and have written to my Embassy to enquire about a visa. I do not hold out much hope mind!


I do have an affradavit stamped from the British Embassy that says our marriage will be solemnised in the UAE on 1st June- would this suffice as proof enough?


The Immigration officer that refused entry did say he believed John and i that we were not here to abuse the system but had no choice other than to refuse! - i find that hard to swallow but anyway- he has come and left the Uk many times over the past few years.


Also as we have a child together would they not need further grounds to refuse?

Expert:  Thomas replied 2 years ago.
Hi,

The marriage certificate might help a bit, but the key thing that they will be concerned about is that he intends for his permanent home to be elsewhere than in the UK. If a person is married but does not have any evidence of where outside the UK they intend to make their home then it's not going to be too helpful.

I would gather any evidence you have of your intention to live outside of the UK and use that as well.

If you have a child together then it's a bit complicated but it would be a technicaly breach of your human right to a family and private life to refuse a long term visa (eg. spouse visa) but arguably not a visitor's visa.

I would attempt to proceed with a visitors visa application before he travel's, if possible.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7503
Experience: UK Lawyer holding practising certficate for England & Wales.
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