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Visa Application Advice after being denied entry

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

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Visa Application Advice after being denied entry

Post by Rejected » Tue Feb 10, 2015 8:37 pm

Hello everyone, I hope someone can help me here who has experience in these matters. Here's my Story:

Back story:
My Fiancee has gone to study from Canada to the UK back in September for a Masters program at a top university in London. We eventually decided to try and see if there was any way I can join her in the UK for the duration of her studies.

After much research via the internet and contacting the UK Visa people over the phone, which cost a fortune by the way, I found that I needed the Tier 4 Partner (Dependent) visa. My research revealed that this visa has the option of being granted from within the UK.

Eventually in December, I got authorization from my work to telecommute from the UK for the duration of time that I was away (about 18-24 months max). Then I got permission from her Uncle to live with her at his place outside of London.

All this was happening while keeping in mind that the lease on my apartment is ending at the end of January. So, our thinking was that, in order to not deal with time constraints, I would enter the UK as a visitor, then apply for the visa from within the country. So ticket was booked for beginning of February.

Back story tl;dr:
* Fiancee moved to UK in September
* Found Tier 4 visa option in November
* Got permission to work remotely and live in UK from my end
* Apartment lease ends at end of January
* Decided to move to UK as visitor and apply for Visa immediately once there

The incident:
I get to the UK. On the card they give on in-flight, I ask to remain in the UK for 6 months based on me being Canadian and not required to have a Visitor visa for that period of time. Immigration Officer asked why I needed such a long stay and I briefly explained the above. I then got detained. After about 4 hours of procedures, I was told I was not going to be allowed to enter the country and was put on the first plane back to Canada because I'm not actually allowed to apply for the visa from within the UK.

I provided evidence of all my claims (I brought all the paperwork with me as I was prepared to apply for that visa) but to no avail.

On the removal paperwork, they only marked that I was being removed due to a technicality in that I didn't have the appropriate paperwork to remain in the country.

My next steps:
Once I got back to Canada, I got a call from my sister and message from a friend living in the UK who both advised me of another Visa that I should have applied for - the Tier 5 (Youth Mobility Scheme) visa.

I now want to apply for this visa. This visa is valid for 24 months. I noticed my passport expires in less than that, so I went to renew my passport and am now waiting for it to be ready.

I am now at a loss as to how to proceed with the application and address this issue. Should I provide evidence that is not requested? Should I only address my confusion about the fact that I thought I was able to apply from within the UK? What if they see that it's a different visa now? Should I start explaining everything before even being asked?

TL;DR: Thought I could apply for Tier 4 visa from within the UK. Got to the UK. Was denied entry at port and then removed from country because I was wrong. Need advice on applying for Tier 5 visa that I did not know existed until after.

Sorry for the long post, and thank you so so so much to anyone who can provide me with some advice and hope!
Last edited by Rejected on Tue Feb 10, 2015 8:50 pm, edited 2 times in total.

Wanderer
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Re: Visa Application Advice after being denied entry

Post by Wanderer » Tue Feb 10, 2015 8:44 pm

There is no Tier 4 Student Partner visa and you cannot work on a visit visa - even remotely.

Everything is on record now so you must explain it. Remember they YMS visa is just that, it's not a living-together visa, and I rather suspect given your recent history and previous intent you may well struggle.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Visa Application Advice after being denied entry

Post by Rejected » Tue Feb 10, 2015 8:50 pm

Wanderer wrote:There is no Tier 4 Student Partner visa and you cannot work on a visit visa - even remotely.

Everything is on record now so you must explain it. Remember they YMS visa is just that, it's not a living-together visa, and I rather suspect given your recent history and previous intent you may well struggle.
Why would it matter where I'm living for the purposes of the YMS visa? Whether I'm living on my own, or a room mate, or a family member shouldn't matter, right?

As far as working is concerned, I thought I wouldn't be able to work for a UK employer. Regardless, that's moot now. The YMS visa will allow me to work, so that shouldn't be a problem, right?

I also fixed the Tier 4 visa to Partner (Dependent)

wf
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Re: Visa Application Advice after being denied entry

Post by wf » Tue Feb 10, 2015 10:58 pm

Remember they YMS visa is just that, it's not a living-together visa
Where in the rules or anywhere less does it say that?

I assume you are aware of the similar discussion which took place in this thread?

http://www.immigrationboards.com/uk-tie ... 80360.html

wf
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Re: Visa Application Advice after being denied entry

Post by wf » Tue Feb 10, 2015 11:06 pm

Rejected wrote: My research revealed that this visa has the option of being granted from within the UK.
This is where you went wrong. You can switch from many visas to T4 dependant, but not from a visitor visa.
I was told I was not going to be allowed to enter the country and was put on the first plane back to Canada because I'm not actually allowed to apply for the visa from within the UK.
Not surprising at all, as you were here to live and not visit and you intended to work.
Once I got back to Canada, I got a call from my sister and message from a friend living in the UK who both advised me of another Visa that I should have applied for - the Tier 5 (Youth Mobility Scheme) visa.
Much better plan.
I am now at a loss as to how to proceed with the application and address this issue. Should I provide evidence that is not requested? Should I only address my confusion about the fact that I thought I was able to apply from within the UK?
If any question asked is relevant to your refused entry, you need to put it down. Give sufficient detail but they do not need your life story.

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Re: Visa Application Advice after being denied entry

Post by Rejected » Tue Feb 10, 2015 11:41 pm

wf wrote:
I am now at a loss as to how to proceed with the application and address this issue. Should I provide evidence that is not requested? Should I only address my confusion about the fact that I thought I was able to apply from within the UK?
If any question asked is relevant to your refused entry, you need to put it down. Give sufficient detail but they do not need your life story.
Thank you, wf, for the reply!

I just want to clarify what you mean by "if any question asked". On the application, it's all very basic. They ask me to provide a reason and a reference number of the case. However, the case, more or less, has all the details I provided above. So should I be mentioning my fiancee? My work? Anything that's not EXPLICITLY asked for in an attempt to pre-empt any potential "suspicious" circumstances? Or should I wait for them to ask me about it? Will they even take the time to ask or would they just flat out reject the application?

That is what worries me.

Thanks again.

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Re: Visa Application Advice after being denied entry

Post by Rejected » Wed Feb 11, 2015 3:59 am

I have attached my notice of removal for more information. Still seeking more advice on this as I want to be confident when applying for the visa.

Thanks.
Attachments
IMAG0534.jpg
IMAG0534.jpg (668.89 KiB) Viewed 4766 times

wf
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Re: Visa Application Advice after being denied entry

Post by wf » Wed Feb 11, 2015 10:54 pm

Rejected wrote: I just want to clarify what you mean by "if any question asked". On the application, it's all very basic. They ask me to provide a reason and a reference number of the case. However, the case, more or less, has all the details I provided above. So should I be mentioning my fiancee? My work? Anything that's not EXPLICITLY asked for in an attempt to pre-empt any potential "suspicious" circumstances? Or should I wait for them to ask me about it? Will they even take the time to ask or would they just flat out reject the application?
Just provide the reference number and reason as requested. They have the other background info as they took into account making the refusal so no use writing half a page trying to justify it. End of the day you were in the wrong.

If they need more info they will ask, but is unlikely to happen.

Having being denied entry does not mean an automatic refusal.

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Re: Visa Application Advice after being denied entry

Post by Rejected » Wed Feb 11, 2015 11:24 pm

wf wrote: Just provide the reference number and reason as requested. They have the other background info as they took into account making the refusal so no use writing half a page trying to justify it. End of the day you were in the wrong.

If they need more info they will ask, but is unlikely to happen.

Having being denied entry does not mean an automatic refusal.
Thank you for the input. I just wrote out a small paragraph explaining everything. I hope everything will go through.

Curious123564
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Re: Visa Application Advice after being denied entry

Post by Curious123564 » Fri Jan 18, 2019 1:31 pm

Hi Rejected,
I'm curious to know if you received your Youth Mobility Visa.
Thanks.

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