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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My boyfriend is spanish and I am Brazilian. He was born and

Customer Question

My boyfriend is spanish and I am Brazilian. He was born and lived his whole life in Nederland but is currently studying in the UK. He has to re-sit some exams at uni in the first week of september and I am going with him. He would like to go back to Nederland for 2 weeks and after back to the UK, where I would spend 3 months with him and then go back to Brazil.
I am afraid about what the immigration officer might think. I just finished uni so I do not have many ties in Brazil. But I have money to support myself during the whole period and have exams for grad school to take right after this time in the UK.
Will I have a problem re entering the UK?
Is there any additional documents that I should present to support myself?
Do I have many chances to be refused entry?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Do you hold a multi entry visa?
Kind regards
Tom
Customer: replied 2 years ago.
No, I am brazilian so I do not need a visa to go to the UK, I can go with my passport and get a 6 month stamp on my passport.
I visited the UK for a week in May as a tourist and did not have problem.
I lived in the UK for a year as a tier 4 student from jan/2013 till mar/2014
Expert:  Thomas replied 2 years ago.
Hi
Thanks.
Drafting your answer now. 5 mins please.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Generally, Brazilian citizens do not have to apply for a visit visa before they travel to the UK and are simply granted visiting leave to remain when they arrive at the airport.
However, getting this leave to remain is discretionary. This means that if the entry clearance officers suspect or consider that it’s possible that an entrant may breach the immigration rules (eg. overstaying or seeking permanent visa) then they have the right to refuse entry.
Some people are low risk so it’s not a problem, people who have no ties to the UK, have never been here before and do not have any relatives/partners here.
Other persons are a bit more risky. People with partners in the UK and people who have recently been in the UK for a period of time are considered the highest risk.
Additionally, if you have also been here for a short visit recently then this can cause issues.
Because of this, I would suggest that you do apply for a visa before you travel rather than hoping that the entry officers will be okay with you arriving without one and getting one at the airport. This will provide you with security once you have obtained it and you can be confident of entry to the UK. Without a visa I would be much less confident I’m afraid.
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
Customer: replied 2 years ago.
I understand that having a visa is safer but I am not sure if i have time to apply for one.
I would like to understand why would an border office refuse my entry if i have a place to stay, money to support myself, tickets bought back home and documents that proof that i have reasons to return (registration for grad school exam).
According to my research there is no limit of visits to the UK as a visitor as long as I meet the requirements and don't stay more than 6 months in a 12 months period.
Expert:  Thomas replied 2 years ago.
Hi,
The difficulty is that you fall in to a few categories which are high risk statistically:-
1. Recently been in the UK on a long term visa
2. Have a boyfriend based who is resident in the UK (or at least temporarily resident)
The difficulty is that if a person wished only to gain entry to the UK for the purpose of remaining here permanently then they would conceivably be minded to forgo the loss of return flight tickets/registration for a school exam. This is the dilemma that the entry official is placed in.
At the very least you can expect some thorough questioning. If the entry clearance official believes you are being truthful then they will probably allow you entry, but because we are relying on one person's interpretation of your honesty it means it's a unpredictable.
If attempting entry I would take as much documentary evidence of your return flight tickets and the reasons that will compel you to return home at the end of the visit.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much
Expert:  Thomas replied 2 years ago.
You're welcome./

Tom

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