UK citizen in love with a South African -my options?

Dear All

I never thought I would be writting down my problems to absolute strangers but I have read your replies to people's queries and think that you are all fantastic - nothing short of that.

I fell in love with a South African during her 2 year working holiday visa, I was with her for over a year and lived with her in my flat for 8 months before she returned home to see her family, to stay within her visa restrictions and not to prejudice any future applications for us to be together legally in the UK.

I want to marry this lady in time but I want it to be in our own time, when we have saved and planned for it etc. Accordingly, we were unable to apply for any relationship based visa and were advised by our Citizens Advice Bureau that we could get a Visitors Visa and that I would just have to financially support her during those 6 months. Unfortunately, to make a long story short she was refused entry at the UK airport and I went back to South Africa with her to apply again at the British Embassy but when I returned to the UK (due to job) she has been rejected again.

I own my own flat, I am financially independent, have no criminal record and am a very genuine person in a very genuine relationship and I would really appreciate anybody offering some genuine words of advice. What are my options? Even if I married would'nt they just hit me with a marriage of convenience? Essentially it seems to me that Immigration Officers don't want to listen to me - they just want me to apply for what's available or get lost.

Yours faithfully,

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I want to marry this lady in time but I want it to be in our own time

This is the best available option. By this she can apply for 2 year spouse visa which will lead to indefinite leave to remain but you said that you want to make arrangements which I guess whon't take that long.

were advised by our Citizens Advice Bureau that we could get a Visitors Visa

This is only temperoary solution but not guranteed one and hard to satisfy the entry clearance officer regarding the purpose of visit and that she will return at the end of her visa.

nfortunately, to make a long story short she was refused entry at the UK airport and I went back to South Africa with her to apply again at the British Embassy but when I returned to the UK (due to job) she has been rejected again.

It would help if you could post the reason for refusal in the letter given by British high commission

What are my options? Even if I married would'nt they just hit me with a marriage of convenience? Essentially it seems to me that Immigration Officers don't want to listen to me

This is simply not true. Ofcourse they have to listen to you and they will but the burden lies on the applicant and the sponsor( which is you) to provide all the evidence in support of application (Spouse visa)

applicant such as overstayers, asylum seekers and even offenders in this country go back and get the entry clearance from there home country and return back to UK so I don't see why your girlfriend shouln't get entry clearance.

Good luck

If she has been refused a visit visa, it would be very difficult to get a new one for the same purpose unless her circumstances have changed completely or there are exceptional compelling circumstances.

She will not qualify for an unmarried partners visa because you have only been together for a year. Moreover, even if she did qualify, substantial evidence would be required in support of the fact that you have lived together for at least 2 years.

She might qualify for a fiancee visa or much better, if you get married, to entitle her to a spouse visa. Spouse visa applications require a lot less evidence than fiancee and unmarried partner ones and generally, less hassle for both of you.