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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 234
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Yesterday my Ausralian partner arrived in the country

Customer Question

Hi,
Yesterday my Ausralian partner arrived in the country with me and was stopped by immigration because a previous working visa application had been rejected. While in Australia my partner contacted the British consulate and was advised she can still travel for a period of 180 days. After being held for 9 hours in the immigration department she was served with an 'Immigration act 1971 Notice of cancellation of leave to enter'. They have taken her passport and put her on a flight next week.
The reasons for doing so was stated on the letter:
You have sought leave to enter the UK as a visitor until 21st September 2016.
However in view of your entry clearance refusal as a tier 5 youth mobility worker I am not satisfied that you are a genuine visitor as required by paragraph V4.2 of Appendix V: Immigration Ruls for Visitors. In your case, your application was unsuccessful due to your criminal conviction and you were notified of the decision in February 2016. You have now sought entry as a tourist having travelled with your British partner, but there have been no changes to your circumstances since the refusal that should justify your entry to the United Kingdomfor such an extended period. Your claim to six months unpaid leave is unsubstantiated, as is your partners visa application to reside in Australia. You are therefore refused entry to the UK.
My partners criminal conviction was for dangerous driving but was given no jail time as she was doing nothin illegal at the time, it was an accident resulting in the death of a cyclist.
I have applied to live in Australia and I am currently on Bridging visa B which gives me 6 months to travel before being back in Australia for them to make a decision on my application. My partner also has been given 6 weeks paid leave and the rest of the 6 months unpaid leave from her job for the Victoria. Government of Australia. We have also made lots of bookings of planned travel and my partner had a flight booked home on September 21. We are also living with my father in the UK while we are here.
Border Security did not check any of this information, they asked for no details and made no phonecalls to assist them in their enquiries. We both gave them phone numbers and told them we could access information online and legal documents to prove our case but the case officer wasn't interested.
Is there anything we can do? She is due to fly back on Monday and we don't really want to go back as for me to get my visa for 6 months and for my partner to have been given leave for 6 months has been a very difficult process.
I look forward to hearing from you.
Thank you
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Frantz I replied 8 months ago.
Hello Thank you for your enquiry. So your partner applied for a Tier 5 YMW visa which got rejected in February 2016 and the reason given was because she had a criminal conviction. Those with criminal convictions and/or adverse immigration histories are advised not to turn up at a UK border without making an application for entry clearance and before travel arrangements are made. The burden is on those with adverse immigration histories who turn up at the borders without a visa to take with them all supporting documents. Based on the information you have presented it is difficult to see any procedural or substantive errors made by the entry clearance officer without a full assessment being made. Unfortunately such assessment cannot be made here. As far as I can see there is not a lot your partner can do other than to return back to Australia and make a fresh application for a visitor's visa. But bear in mind that there must be changes to your partner's circumstances to support a successful outcome and with the necessary supporting documents. Alternatively, it may wise to seek independent immigration advice whilst your partner is in the UK so that they can carry out a full assessment and guide you in making any further application. JustAnswer is not a platform to seek such advice unfortunately. A list of registered immigration advisers can be found here http://home.oisc.gov.uk/register_of_regulated_immigration_advisers/register.aspx **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.

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