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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7677
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have just married a Mexican woman in Mexico. I am currently

Customer Question

I have just married a Mexican woman in Mexico. I am currently at Heathrow Airport, an she is being held here by immigration. We intended for her to come to the country for three months, as a tourist, but because we were open about our future intentions to be together and seek an appropriate visa, they have refused her entry, saying she is not here simply as a tourist. They are going to put her on a flight back to Mexico tomorrow afternoon. Is there anything I can do about this? Many thanks.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Thanks for your question.

It is unfortunate but if you have presented your argument to them as to why she should not be regarded as immigration risk and they have refused to accept it then there is not a great deal that you can do at the moment.

The difficulty is that people who have just married uk citizens are statistically quite high risks of coming to the uk and gaining entry on a visitors visa and then seeking to stay permanently. Many people use it as a spouse visa entry by stealth and this is obviously a breach of the immigration rules.

Home office entry officials are charged with protecting our borders and unfortunately your wife, for them, is a high risk category when coming on a visitors visa without applying for it beforehand and this carries with it the possibility that entry clearance officials might not be convinced of health visitor status.

You will have to allow her to return to mexico and then prepare an application for a spouse visa for her to come and live in it permanently or in the alternative an application for a visitors visa which is granted before she travels so that she has an element of confidence and security when she travels for a visit again.

Kind regards.