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Returned in transit - likely to harm spouse's visa app.?

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junai
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Returned in transit - likely to harm spouse's visa app.?

Post by junai » Tue Aug 04, 2009 4:19 pm

I am a Briitish citizen and my partner is South African. Two years ago she applied to come to the UK on a working holiday visa. We had met when she first visited the UK in 2006. To cut a long story short she applied for the WHV as we wanted to spend longer together so we could decide whether we wanted to get married and spend the rest of lives together.

So she applied for the WHV and it was refused on extremely spurious grounds. We decided to appeal but desperately wanted to see each other (it had been a year since we had last been together) and so she decided to come to the UK as a tourist (she intended to return after six months). On her way here she was returned to South Africa as she transitted through Dubai. Please note it was not UK immigration that returned her but Emirates Airline security. They said that she didn't have entry clearance and so would be refused entry to the UK on arrival. This is despite the fact that she didn't need entry clearance at the time as South African's were non-visa nationals.

In retrospect i understand why Emirates returned her - they didn't want to be fined when she was refused entry into the UK (which i now know was almost certain to happen). We were desperate to see each other and so our judgement was clouded.

In the end the ECO in Pretoria issued the visa without it getting to appeal - ours is one of the rare cases where they realised they had got it wrong and decided to cut their losses.

My partner has now been here nearly two years and we will be getting married in January. Will this incident in Dubai adversely affect our chances of getting the spouse's visa? There is no visible mark in her passport but we don't want to lie and leave the incident off the form - if the deception were uncovered the visa would certainly be refused.

Basically, i guess i'm looking for reassurance (aren't we all when it comes to visas?).

junai
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Posts: 30
Joined: Tue Aug 04, 2009 3:37 pm

Post by junai » Thu Aug 06, 2009 12:42 pm

Any thoughts on this please?

prettypolitical
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Joined: Fri Apr 03, 2009 11:42 pm
Location: England

Post by prettypolitical » Mon Aug 17, 2009 10:54 am

well you thought yours was rare for the decision to be overturned before the appeal......they did with my husband as they made a complete chicken up of it.....then when they recieved notification that the court date had been brought forward they called me and advised that my hubbys visa had been granted......PRETORIA!!!!
???REUNITED???

UKBAbble
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Location: Berkshire

Post by UKBAbble » Mon Aug 17, 2009 2:52 pm

junai wrote:Any thoughts on this please?
An airline's refusal to board is not a matter that a person would have a duty to disclose to the UKBA.

Rozen
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Location: Nederland

Post by Rozen » Mon Aug 17, 2009 4:43 pm

junai wrote:Any thoughts on this please?
The questions on visa application forms normally ask if you have been refused a visa to any country. They do not question whether you have been refused to board an aircraft!
In that respect, I don't think you would be accused of 'deception' by not disclosing the Dubai incident.
I'm inclined to go with UKBabble on this one.
If you really want to, you can explain the Dubai issue in the 'Additional Notes' page of the application form (if there is one). But IMHO, that may just complicate things. You will be giving info that you have not been asked for, and by default, probably digging yourself into a hole.... if you know what I mean!
Just keep it sweet and simple, and you'll be fine! 8)

Ben
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Post by Ben » Mon Aug 17, 2009 6:55 pm

Rozen wrote:
junai wrote:Any thoughts on this please?
The questions on visa application forms normally ask if you have been refused a visa to any country. They do not question whether you have been refused to board an aircraft!
In that respect, I don't think you would be accused of 'deception' by not disclosing the Dubai incident.
I'm inclined to go with UKBabble on this one.
If you really want to, you can explain the Dubai issue in the 'Additional Notes' page of the application form (if there is one). But IMHO, that may just complicate things. You will be giving info that you have not been asked for, and by default, probably digging yourself into a hole.... if you know what I mean!
Just keep it sweet and simple, and you'll be fine! 8)
I agree.

Your fiancée has not been refused entry in the UK, she was refused by an airline for carriage to the UK. No need to disclose this. I doubt the UKBA would be interested anyway.
I am no longer posting publicly on this website - PM me if needed.

junai
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Posts: 30
Joined: Tue Aug 04, 2009 3:37 pm

Post by junai » Tue Aug 18, 2009 4:06 pm

Thanks for the input guys. You've basically confirmed what i thought. Don't think we'll mention it on the form.

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