UK visitors visa

[David L]

Hi Everyone,
My Girlfriend is an American national was refused entry into the UK at Manchester Airport recently because she had been living in the UK on visitors visas. She never over stayed past 6 months during her time here and always returned to the States. She was refused entry on her third visit to the UK.
I have been trying to find out if she can enter the UK again on a visitors visa in the future. Can anyone help and any information would be greatly appreciated.

Regards
David L

[John]

A quick succession of nearly six month visits will give the impression that the person really wants to settle ... and they don't have a visa for that!

What are the intentions? Marriage? If so she could apply for a fiancée visa in the States and armed with that she will not have a problem getting into the UK.

A fiancée visa is issued so that the person can come to the UK .... to get married within the six-month period of validity of that visa.

If marriage is not a possibility, what are the intentions?

[David L]

Thanks John,
We are looking to get engaged next year but I was hoping we could get away with my partner living here on visitors visa's for the time being. Legally I am still married even though I have been separated for over 3 years so we can't apply for a fiancée visa yet. Divorce proceedings have only just commenced and may take a while because there are a lot of things to sort out. The refusal of entry for my partner has been unexpected and we now find ourselves over 4000 miles apart. Recently I heard that visitors can only stay in the UK for 6 months out of any twelve months but I am unsure if this is correct.

Regards
David

[John]

Any possibility her getting a Work Permit or HSMP?

6 months out of 12? As I understand it, that is only a guideline but might be used as justification by an immigration officer in refusing re-entry as a visitor.

By the way, how long have the two of you actually lived together?

[David L]

John,
We lived together for a total of 6 months in America and 15 months in the UK. Excluding holidays together. I have just returned from a 3 week trip to see my partner in North Carolina. Not sure when I will get to see her again though, Looks like it will be a while.
I don't think my partner will get a work permit because she doesn't have any special skills or qualifications except from high school. She is also a qualified hairdresser but I doubt this will entitle her to a work permit in the UK.
What is a HSMP ?
I rang immigration at Manchester airport earlier today but not really getting anywhere. I am afraid it is looking more like a fiancée visa once my divorce is finally completed. They said we could try again for a visitors visa but they are no guarantees she will be allowed in even if we wait 6 months. Immigration treated her like a criminal when they refused her entry. I am going to try and speak to the 'refusing officer' at Immigration tomorrow if she will speak to me but I doubt it will do any good.
Thanks for your help so far.

Regards
David L

[David L]

I have just realised what H.S.M.P stands for.
Highly Skilled Migrant Programme. No I am afraid she wouldn't qualify.

[John]

David, the two of you living together, 6 months + 15 months + holidays! In total does that add up to 2 years or more? If it does then you might think about her applying for an Unmarried Partner's Visa.

Until a couple of years ago such visas were only issued to same-sex couples but that is no longer the case. Any couple who have lived together for a minimum of two years can now apply ..... irrespective of whether the relationship is same-sex or opposite-sex.

Do note that if the two of you plan to go down this route then it will be a question of proving that the two of you have lived together for at least two years.

[David L]

Thanks for the information. It is looking more and more likely than a fiancée visa is the only option for me and my girlfriend to be together.

Regards
David L