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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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, I'm in the UK on a tourist visa, and currently have a Dutch work and residence

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Hello, I'm in the UK on a tourist visa, and currently have a Dutch work and residence permit (US citizen). I am close to my maximum 180 days in the UK over the past 1 year, and was recently detained at the border, as my travel patterns made it look like I'm using the tourist visa to live in the UK.
I'm worried that the next time I try to enter the UK I will not be allowed in, so I'm trying to figure out how to proceed without getting penalized or banned. I'm also moving to Norway in July or August with my girlfriend, so it's a very high priority that that visa application process not be jeopardized by my actions in the UK,
By my calculations I have 40 days left on this tourist visa, not counting the "28 day grace period" (which I'm not sure I fully understand). I'm looking for help deciding next steps.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola, how much longer do you think? If it will be later than Friday I will likely request a refund.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you please clarify your questions?
And also state what specifically the immigration officer was worried about when you were questions upon entry to the UK?
Kind regards
Customer: replied 2 years ago.

Hi, my questions would basically be:



  1. Since I was detained, will I have trouble re-entering the country again if I still have time on my tourist visa?

  2. I have 40 days left per my calculations, if I leave e.g. 7 days of that remaining and return in e.g. July, will I have any troubles getting in? Or should I use all the days now because it will be difficult to re-enter?

  3. Is my passport "flagged", and if so, is it only flagged for the UK, or all countries?

  4. I want to apply for a Norwegian residence visa in August, is this at risk based on what I've done so far? What situations could it be at risk?


The immigration officer was concerned because I have entered the UK numerous times over the past 8 months, and because I have spent more time in the UK than I have in The Netherlands, where I have a work and residence permit (I'm working part time there and never working while in the UK). The concern seemed to be that my travel patterns made it look like I was abusing the tourist visa to live in the UK.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes, it can be an issue when re-entering on the same visa, It would be recommended that you applied for a new visa before entering so the home office can take into account what occurred previously before issuing you with a visa. You other option would be to arrive to the UK and argue your case ( if required) and then the immigration officer will review the matter on the day and either refuse you entry or allow you to enter.
2. I would recommend that you use all your days now and then reapply when you wish to enter the UK again, it is not worth taking a risk if you already have been detained by the home office upon entry to the UK.
3. Your passport is not 'flagged' as you have not breached the immigration rules or committed an offence, the fact that you were allowed to enter the UK means that you are not deemed an immigration risk. The only thing that the UK would have on record is that you were stopped and detained upon entry , this would remain on your file.
4. I think the main issue is the fact that although you have a Norwegian residence card your residency has been mostly in the UK and this could affect your application for a residence visa. If you wish to apply for residency in any country you need to actually show evidence of residing there as appose to another country. If you return to Norway and continue employment and then when you have spent more time residing in Norway than the UK there should be less risk of your residence visa for Norway being refused.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Thanks! This is very helpful! Just a couple more followup questions:



  1. As an American citizen I get a tourist visa upon entry, no application needed. So if I leave before the 40 days are done, I was hoping to re-enter in a couple months without applying for a visa as I normally do. Does this change your advice?

  2. I have Dutch residence currently, not Norwegian. I will be applying for Norwegian later this year, so I have no affiliation with Norway currently. Is there still any risk for my Norwegian application?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. There is nothing preventing you from entering the UK, the latter part of point 1 above regarding you having to answer questions upon entry to the UK would still be relevant. As you are aware the 180 days period needs to still be adhered to, but if the immigration officer believes that you are spending more time in the UK or visiting the UK too frequently without plausible reason then you are likely to be refused entry to the UK.
If you are refused entry to the UK then it is recommended that you apply for a visa prior to entry to the UK again.
2. No, there should be no risk to your Norwegian application as this will be fresh application and you have no affiliation with Norway at this time.
I hope this clarifies the matter.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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