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Partner on their 2 london visa - UK entry denial fears

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Ladylondo
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Partner on their 2 london visa - UK entry denial fears

Post by Ladylondo » Fri Nov 06, 2015 8:02 am

Hi everyone,

I'm an American, I have been with my fiancé for ten years and we plan to get married so that I may settle in the UK with him. Long story short, he took a job in a london and we decided to take some breathing room in our relationship. Now we've been apart 3 weeks, and we both realize that we want to be together 100% and need to be together asap.

My fiancé is on a tier 2 visa in London through work, work paid for his visa, and he went. The immigration specialist told us that it was best for him to get to the UK, get settled, then we should get married. This way we would fall under a human rights grounds and me getting there would be easier in the next few months. Basically, we lacked documentation of living and being together for ten years and our application would have been denied initially anyways.

I am planning on going with our small 15 pound dog in a few weeks, with a return ticket. I want to be granted a six month visa. I need to go asap and help him look for a place for us, get settled etc., because he is so busy with work.
I have a few questions:

1. When I enter as a tourist, when they pull-up my passport number, will they see that I am his unwed partner?
(He listed me as his partner in his visa application, this will later serve as documentation as to our be evidence to our legitimate relationship when I apply for my visa after we are married)

2. Should I just be honest and tell them that I am visiting my partner who just got a job? O they give me crap for trying to get into the country and illegally stay? Will they tell me I should have applied for a "visiting spouse-6 month" visa? And be forced to turn around?

3. How do I answer questions best to obtain a 3-6 month visa?

Things to know about me:
This is my first visit to the UK.
He has a high paying job.
I go to school here in the states and have reasons to return to my life here.
When I get to london, we will have the support of the immigration firm on how to proceed with marriage and getting my visa.

So basically, right now, I just want to get into the country and have time together. I'm afraid of being denied for some reason...just being paranoid. I've heard of so many people being detained and denied.

Thank you for your help everyone,
(Future) Ladylondon

Wanderer
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Re: Partner on their 2 london visa - UK entry denial fears

Post by Wanderer » Fri Nov 06, 2015 8:46 am

Seems you have been somewhat mis-advised...

1. The are no Human Rights grounds here..

2. You can't switch in country from a visitor

3. You can't marry on a visit visa (there is a marriage visit visa for that you need to formally apply for)
An chéad stad eile Stáisiún Uí Chonghaile....

noajthan
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Re: Partner on their 2 london visa - UK entry denial fears

Post by noajthan » Fri Nov 06, 2015 9:27 am

Ladylondo wrote:When I get to london, we will have the support of the immigration firm on how to proceed with marriage and getting my visa.

So basically, right now, I just want to get into the country and have time together. I'm afraid of being denied for some reason...just being paranoid. I've heard of so many people being detained and denied.

Thank you for your help everyone,
(Future) Ladylondon
It appears you received very poor advice if advised to come to UK on a visit visa for the purpose you have outlined.
Visitors to UK are expected to leave when their visit is over.

There is no 'boyfriend/girlfriend' type entry visa.

The options you have are to marry (outside UK) & apply for a UK spouse visa
or apply for a fiancee visa to marry in UK, marry within 6 months (or else exit country).

Other options to come to UK in your own right are on a work or education visa;
both are do-able but have their own rules/requirements, complications & costs associated.

Note whenever dealing with HO & UKVI you will always need masses of strong supporting documentary evidence, for whatever visa application you are making.

It is prudent to read ahead & plan ahead & gather such evidence in a methodical way as you live your life.
Even doing so does not guarantee success with UK immigration (or citizenship) but it improves your chances.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Partner on their 2 london visa - UK entry denial fears

Post by CR001 » Fri Nov 06, 2015 9:54 am

noajthan wrote:The options you have are to marry (outside UK) & apply for a UK spouse visa
or apply for a fiancee visa to marry in UK, marry within 6 months (or else exit country).
OPs partner is a Tier 2 migrant so assume she would be applying for a Tier 2 Dependent.
My fiancé is on a tier 2 visa in London through work
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: Partner on their 2 london visa - UK entry denial fears

Post by vinny » Fri Nov 06, 2015 10:03 am

If he's on Tier 2, then you cannot apply for a fiancée visa. Which category of Tier 2 is he on?

Have you been living with him, akin to marriage, for at least two years?

If you plan to marry in the UK, then you may apply for a marriage-visit visa. However, you must return to your home country before expiry of the visa.

After marriage, you may apply as a Tier 2 dependant from your home 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.

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Re: Partner on their 2 london visa - UK entry denial fears

Post by vinny » Fri Nov 06, 2015 10:22 am

Ladylondo wrote:I am planning on going with our small 15 pound dog in a few weeks, with a return ticket
See also Pet travel.
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.

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Casa
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Re: Partner on their 2 london visa - UK entry denial fears

Post by Casa » Fri Nov 06, 2015 10:32 am

Ladylondo wrote:Hi everyone,

I'm an American, I have been with my fiancé for ten years and we plan to get married so that I may settle in the UK with him. Long story short, he took a job in a london and we decided to take some breathing room in our relationship. Now we've been apart 3 weeks, and we both realize that we want to be together 100% and need to be together asap.

My fiancé is on a tier 2 visa in London through work, work paid for his visa, and he went. The immigration specialist told us that it was best for him to get to the UK, get settled, then we should get married. This way we would fall under a human rights grounds and me getting there would be easier in the next few months. Basically, we lacked documentation of living and being together for ten years and our application would have been denied initially anyways.

I am planning on going with our small 15 pound dog in a few weeks, with a return ticket. I want to be granted a six month visa. I need to go asap and help him look for a place for us, get settled etc., because he is so busy with work.
I have a few questions:

1. When I enter as a tourist, when they pull-up my passport number, will they see that I am his unwed partner?
(He listed me as his partner in his visa application, this will later serve as documentation as to our be evidence to our legitimate relationship when I apply for my visa after we are married)

2. Should I just be honest and tell them that I am visiting my partner who just got a job? O they give me crap for trying to get into the country and illegally stay? Will they tell me I should have applied for a "visiting spouse-6 month" visa? And be forced to turn around?

3. How do I answer questions best to obtain a 3-6 month visa?

Things to know about me:
This is my first visit to the UK.
He has a high paying job.
I go to school here in the states and have reasons to return to my life here.
When I get to london, we will have the support of the immigration firm on how to proceed with marriage and getting my visa.

So basically, right now, I just want to get into the country and have time together. I'm afraid of being denied for some reason...just being paranoid. I've heard of so many people being detained and denied.

Thank you for your help everyone,
(Future) Ladylondon
I assume your 'legal advisor' is based in the US as they appear to have no knowledge of the UK Immigration rules and the advice you have been given is severely flawed!
Firstly there is no requirement to show that you have been together for 10 years. An Unmarried Partner visa requires 2 years of co-habitation in a relationship 'akin to marriage' with documented evidence to support this. Marry in the US and apply for a dependent visa or apply for a 6 month 'marriage visit visa' to enable you to marry in the UK, but as you've already been advised this would require you to return to the US after the wedding and apply for a dependent visa from there.
There is no 'visiting spouse visa', and in any event you are not his spouse yet.
Arriving in the UK with a dog and a fiance already resident here, will immediately flag up a warning with the Border Immigration Officer that you may decide to overstay. Unfortunately (and perhaps surprisingly), statistics show that the highest percentage of overstayers are from the USA.
In order to succeed with a 6 month visitor visa application, you will need to show that you have strong ties to your home country. You say that you are still at school. How old are you? Normally the Entry Officer will look for evidence such as property ownership, permanent employment with a guarantee from the employer that the position will be open for you on your return, a ongoing education programme (usually college or university), or dependent family.
Hopefully, the immigration 'firm' who you are hoping will help you once you are in the UK, isn't the same one who has given you appalling advice so far.
As Wanderer has rightly said, Human Rights isn't relevant here.
I would strongly advise you not to risk arriving in the UK without first applying for a visitor visa as without one, you face being 'bumped' at Border control and refused entry...which will be an unpleasant experience for you and your canine companion. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Petaltop
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Re: Partner on their 2 london visa - UK entry denial fears

Post by Petaltop » Fri Nov 06, 2015 12:46 pm

vinny wrote:If he's on Tier 2, then you cannot apply for a fiancée visa. Which category of Tier 2 is he on?
Sounds like it is a Tier 2 ICT visa.
Ladylondo wrote: My fiancé is on a tier 2 visa in London through work, work paid for his visa, and he went.

noajthan
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Re: Partner on their 2 london visa - UK entry denial fears

Post by noajthan » Fri Nov 06, 2015 1:42 pm

If it's as easy as applying as the dependent of a Tier 2 visa holder then wonder why OP isn't actively pursuing that route.

If OP is considering this approach then be aware:
Applying as the Family Member of a Tier 1, 2 or 5 migrant in the UK
33.
If you are the family member of a Tier 1, 2, or 5 migrant, you cannot apply in the UK if you:
• were last granted entry clearance or leave as a visitor
Ref: https://www.gov.uk/government/uploads/s ... _10-15.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Partner on their 2 london visa - UK entry denial fears

Post by Casa » Fri Nov 06, 2015 1:43 pm

Petaltop wrote:
vinny wrote:If he's on Tier 2, then you cannot apply for a fiancée visa. Which category of Tier 2 is he on?
Sounds like it is a Tier 2 ICT visa.
Ladylondo wrote: My fiancé is on a tier 2 visa in London through work, work paid for his visa, and he went.
If this is the case, it would also be interesting to know whether he has a short or a long term Tier 2 ICT visa. Neither of these lead to permanent residence in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
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Re: Partner on their 2 london visa - UK entry denial fears

Post by Casa » Fri Nov 06, 2015 1:45 pm

noajthan wrote:If it's as easy as applying as the dependent of a Tier 2 visa holder then wonder why OP isn't actively pursuing that route.

If OP is considering this approach then be aware:
Applying as the Family Member of a Tier 1, 2 or 5 migrant in the UK
33.
If you are the family member of a Tier 1, 2, or 5 migrant, you cannot apply in the UK if you:
• were last granted entry clearance or leave as a visitor
Ref: https://www.gov.uk/government/uploads/s ... _10-15.pdf
Presumably due to the fact that they're not married. The OP has said the reason for visiting the UK will be to find accommodation for them both as her fiance is too busy. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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