Family visitor visa - after spouse visa refused

casa, can you confirm that when you say they would put her on a plane back to NZ, that that is in fact a deportation order? and in that case i understand we would have the right to appeal, is that correct?

I believe it would be termed 'Administrative Removal' not 'Deportation'. This is from The Migratory Observatory info - "removed administratively is made up of individuals 'refused entry at port and subsequently removed'. People in this category have been refused legal permission to enter upon arrival and removed, often after a single overnight stay"

on a separate note - though NZ passport holders don't require UK visas for short visits but they usually need if they have crimical records or previous entry refusals.

does your wife's passport contain any evidence of recent visa rejection e.g. a stamp/ date/ number? if there is such evidence and airlines staffs are too picky then they might not allow to travel - perhaps a potential risk to consider?

There doesn't need to be a refusal stamp in the passport. It will be recorded on the system against the passport number. The other issue apart from the spouse visa refusal is the previous overstay in the UK.

i don't think there's anything noting the refusal in her passport, will check.

under what circumstances is she NOT allowed to appeal if she is denied entry? if we get down the route of judicial review, where would she stay whilst waiting for this? this information is a bit hazy online and just wondering if anyone could shed some light on it. i need to be sure that she won't be 'removed' and that i can at least get my lawyer involved.

This should help you.
https://www.justlanded.com/english/Unit ... ry-refusal

thanks Casa.

let's talk Surindher Singh route. if my wife has a flight to London booked, and we want to go to Dublin to begin exercising our treaty rights, will the ECO officer allow my wife through London in this case? She hasn't got a direct flight to Dublin therefore will have to clear security and immigration and then catch another flight to Dublin. someone mentioned a transit visa?

Here's the link to the options for a transit visa.
https://www.gov.uk/transit-visa/overview
If your wife has a connecting flight she won't have to clear immigration if she applies for a Direct Airside Transit visa (DATV).

With the Surinder Singh route you need to bear in mind that in order for this to succeed, you'll have to show that you've 'moved the centre of your life' to Ireland. This means evidence of employment there, registration in the country, paying local taxes etc. A stay of anything less than 6 months isn't likely to qualify. The rules have toughened.

she's going to need to clear customs to get her bags and board her next flight - might just change the flight to go direct to dublin.

can she expect any issues with immigration officer at dublin airport? i've read it's her right to be here as long as she's meeting me. just wondering what to expect.

If the ticket is for Dublin with a connecting flight in a UK airport the luggage would be transferred airside, without going through customs as Ireland isn't in a common travel area. However she would need a Direct Airside Transit visa (DATV).

This link explains the requirements for joining an EU family member who is exercising Treaty rights in another member state.
https://eumovement.wordpress.com/2007/0 ... u-citizen/

ok, and how about the question around the imm officer in dublin? does my wife just need to say she's meeting me and we're going to settle and try to find work here? any evidence needed or anything?

Your post crossed with my edited reply. See the link.

This link may also help
https://eumovement.wordpress.com/2010/0 ... to-travel/

hi casa,

was just reading about administrative removal and came across this:

4 Deportation and administrative removal are prohibited if either would be contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR.

wouldn't separating a mother from her son violate our right to family life under ECHR?

No because they would argue that you are able to continue your family life together in New Zealand, even more so as you hold dual nationality. There would have to be insurmountable reasons why you couldn't re-locate to NZ. Employment and property ownership in the UK wouldn't be sufficient.

what would be 'sufficient'?

it seems to me we would at least have grounds to argue our case against administrative removal (under ECHR), which would mean they wouldn't be able to 'remove' her immediately, do you agree with this?

After the previous overstay, refusal of a spouse visa and entering without pre-entry clearance (visa) I'm really not sure.

we're going to give it a go and see what happens. i still cannot believe that they will 'remove' a commonwealth citizen with a British born child who has made their life in the UK in the past 5 years (legally) and the reason why her visa was declined was due to a technicality. if they do, i will be heading to every news station in town to see what we can do about it.

Regrettably you're no alone with your situation. This is from 2013, but you may find it of interest.
http://www.migrantsrights.org.uk/blog/2 ... ome-office

Don't forget that your wife will no longer be allowed to use the NHS for free.

our plan is once she's in the country to get a FLR(FP) application completed and sorted.

anyway, how would NHS know? they wouldn't have a clue i'm sure.

If she is allowed to enter as a visitor she will be unable to apply for FLR(FP). Visitors are unable to switch to any other category. An FLR(FP) appliction would only have been possible if she hadn't left the UK when her spouse visa expired.

agreed, she'll need to overstay the visit visa before she'll be able to apply. if she gets temp admission though she'll be able to apply immediately.

does anyone know a good immigration lawyer that specialises in removal cases?

Hi Casa,

As the UK denies a visit visa to spouses who are separated by the income threshold requirements can it be argued the non-EU spouse be allowed to travel with their spouse to the UK by invoking Article 5 of the EC directive?

All they would need to provide is a marriage certificate to prove their relationship when boarding the plane and upon arrival in the UK.