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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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If you applied tier 5 partner visa and were denied,

Customer Question

Hi. If you applied for a tier 5 partner visa and were denied, can you still travel with your passport to the UK and be admitted? We were offered an appeal but due to our flights on August 6 not sure if we can. We believe my fiancé s employers told us to apply for the wrong visa and are hoping to reapply under youth and mobility instead once we get there. Just want to ensure no problems entering with passport.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
What nationality are you please?
What visa did you ultimately wany to get?
Kind regards
Tom
Customer: replied 1 year ago.
My name is ***** ***** and currently reside in London Ontario. Canada.
My Fiancé will be heading to Glasgow, UK on August 6 with a tier 5 tw creative and sporting visa. His sponsor is braehead clan ice hockey team.
As his fiancé I had planned to accompany him from August 6 2015 until April 2016.
We are expecting a baby in January 2016.
We have been a committed couple since May 2013 however he lived in glasgow from August 2013-apr 2014 and August 2014-April 2015.
On the advice of His employer/ sponsor, I applied for a tier 5 tw partner/dependent visa and was refused. On basis of not having lived together for two year. I also paid the IHS insurance as required.
We were offered an appeal but have several questions:
1. Can I travel using my passport to Glasgow on Aug 6 and be guaranteed entry?
2. Should I continue the appeal process now or wait until I am in Glasgow?
3. Is the issue that we were not under the same roof for two years or that there was not sufficient proof of a committed relationship for two years?
4. Is there an alternate visa that I should reapply for and if so, can I do that from Glasgow?
. Your assistance would be greatly appreciated.
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.The problem seems to be that home office did not consider that you were “unmarried partners”. If you have not lived together in the same accommodation for 2 years then this will be the principal reason why.There is no way to “guarantee” entry to the UK if you attempt to enter as a Canadian visitor. This is because they will be aware that you have been rejected for a tier 5 dependent visa and will be concerned that you may stay more than 6 months visitors may only stay for up to 6 months) if they let you in. There would be a substantial risk that they would refuse you entry on this basis.You options are:{C}1. {C}Marry your boyfriend and then reapply as a dependent of his Tier 5 visa.{C}2. {C}Apply for a visit visa in order to join him for 6 months in the UK but you would have to leave the UK before the end of the 6 month period. Out of country appeals generally take at least 6 months to hear from the date that you submit your notice of appeal. You can only appeal from outside the UK, not once you have travelled to the UK (if you do). Whichever option you choose it will be quicker to simply submit a new application. I am sorry but unfortunately you have a couple of important decisions to make.. 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 1 year ago.

Can I apply for the Tier 5 Youth and Mobility visa in order to stay for the entire 8 months with my fiance?

Expert:  Thomas replied 1 year ago.
HiIf you meet the eligibility criteria for a youth mobility visa then, yes, you could apply for this. The criteria is here:https://www.gov.uk/tier-5-youth-mobility/eligibility TOm

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