I need some help, I am an American student on a tier 4 visa studying for the Year in UK. I arrived in august with my american girlfriend, who at the time was granted a 6 month stamp from the immigration to act as visitor in the UK. She stayed with me till the middle of December when we returned home for the holidays. During our break away from the UK my girlfriend applied for a Six Month General Visitor Visa to come back to the UK legally for the remaining 18 weeks of school. However, the worst happened and she was denied the visa and to top it off the officer authoring her refusal letter explained that she will continue to be denied that kind of Visa until December of 2012, by then of course I will be long gone.
The reasoning for her refusal was that when she applied for the visa she supplied her bank statements and her contract with the company she works with in the US to show that A) she had enough financial support to support herself, and B) to show her ties back to the USA to prove she would be leaving. The problem was that the officer assumed that because she had this contract during the duration of her stay he made the assumption that she was actually working while in the UK. A big no no, (even though the UK Border Agency website is unclear on what it means by "working", is it only for UK companies or working from abroad or what?)
So now we are stuck apart... and here is what I found out: After calling the World Bridge premium phone company the women explained that she cannot reapply for the General Visitor 6month visa. But she can apply for a Tier 4 Dependent Unmarried Partner Visa. She explained that the decision making to approve this visa is completely exclusive from her previous denial Question 1) Is this True? The women explained that if we can prove we have been together for more than 2 years (which we have) and can show my status and ability to fund her stay we should qualify. Q2) is this True? Am I interpreting this correctly? Anybody else heard of such a thing?
Another Option that the women at WorldBridge explained was that because she did not use her complete 6 month Visitor stamp from the first time entering she can come and finish her duration of that stamp. I think is is great because she has about a month and a half of "usable" time, but my concern is that with her previous denial she will show up to the UK border and get deported based on the flag in her record now. Q3) The women at world bridge explained that my Girlfriends ability to reenter based on that stamp should suffice and that the decision that the Border Officer makes is also exclusive from her previous denial, is this true? (assuming that we can prove she is leaving, what she is doing, where she is staying etc...) But, the last thing i want is her to fly across the Atlantic and then be escorted home. Q4) Is there some sort of documentation of letter that I can provide the Immigration Officer that would allow her to enter safely and with less risk of being deported?
Finally I keep reading about an option to write an apology letter to the British Consulate in New York and ask forgiveness for what we have done and to better explain the misunderstanding of her denied application. I have spoken to my Vice Consulate who pretty much told me that I am in a Sucky situation and its out of his hands outside of him writing a "Good Graces" letter for her, explaining that he supports her visit. Q5) How do we prove to these people that she is a legit tourist trying to spend time in the UK (WITHOUT working) and will be for sure leaving because I will be for sure leaving! Its just a really crummy situation and really frustrating.
I would appreciate any other suggestions and some help if you have any advice for us.
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