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UK Citizen - American Wife visiting regularly

General UK immigration & work permits; don't post job search or family related topics!

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paspuggie
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UK Citizen - American Wife visiting regularly

Post by paspuggie » Mon Dec 29, 2008 4:54 am

Hello, I am English and my wife is an American. We married in New York in July of this year. I left England to become a father to our child, become married and hopefully work and live in the US. However, since we became married our daughter died. Because of finances I had no alternative but to come back to England to work to provide (I was trying for permanent residencey in the US but we couldn’t afford to wait for it to process). I have since found work in England and therefore my wife comes to visit me for 3 weeks then she returns to America for 10 days to see her son from a previous marriage. My problem is my wife has been told she will be refused entry because she is "visiting" too much. She was detained and questioned by an inspector upon her first visit to see me and was told by them that as long as she could prove she was returning to the US (return ticket etc) everything would be fine, however a customs officer at the desk when she arrived on December 27th said she would be refused entry the next time she comes over to England. My question is, can my wife not visit regularly? She is not working in the UK, nor is she claiming any welfare benefits, I provide everything for her and pay for all her travel and living benefits when she's here. Or does she need a full visa? I cannot seem to understand, as she is only visiting as such, or do you think they see her as living here more than she does in the States? Hope you can help
Best Regards
Paul Sparrow

vinny
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Post by vinny » Mon Dec 29, 2008 9:36 am

Chapter 2 - Visitors wrote:2.1.9 Frequency and Duration of Visits

There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.

It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UKBAbble
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Location: Berkshire

Post by UKBAbble » Mon Dec 29, 2008 9:50 am

The bottom line is she not be spending more time here than in the USA. Have you considered geting her to apply for a spouse visa? Could you meet the requirements?

paspuggie
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Post by paspuggie » Tue Dec 30, 2008 12:27 pm

Thanks Vinny and UK...although her visit is all above board I guess in the light of it she is spending more time here than the USA, which is a major contribution for Customs to be refusing her entry. I'll have to look into getting her a visa..I just hope it is a quick process as she is due to go back in late January to return early February.

Thank you for your help

Regards
Paul

republique
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Post by republique » Tue Dec 30, 2008 2:43 pm

paspuggie wrote:Thanks Vinny and UK...although her visit is all above board I guess in the light of it she is spending more time here than the USA, which is a major contribution for Customs to be refusing her entry. I'll have to look into getting her a visa..I just hope it is a quick process as she is due to go back in late January to return early February.

Thank you for your help

Regards
Paul
There is no reason why she cant get one of those long term 10 year visitor visa. It still means she can only stay 6 months/year I think
but the best visa is a spouse visa

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