Canadian - Overstayed and wanting to return

[x0xnatashax0x]

I am 22 year old Canadian female who was deported from the UK (Scotland) in May 2009. I arrived in Scotland in February 09 and was denied leave to enter, however, the let me stay for a week as the airline I booked with only flew out once a week. I ended up missing my flight a week later because of an accident on the train line from Perth to Glasgow, they changed my flight date to the original date i was meant to leave. Anyways, being young and stupid at the time, I decided that I would leave when I was ready, as I thought that I was Canadian, and as my birth right I was able to stay in the UK for up to 6 months. I ended up getting deported in May, at the location I told them I was staying at, I had not worked, and they couldn't prove otherwise. They told me they were going to give me a slap on the wrist and bar me from applying for a Tier 5 YMS visa for one year, as they knew that was my intention when I came over in the first place. I was not told I would not be able to return as a visitor for a set amount of time or anything like that. I have read that if you leave willingly but the government has to pay for your flight you can't return for 5 years. This was never told to me when i was deported and I had the money to pay for my own flight but that option was not offered to me. So now more than a year later, I would like to go on a Holiday to visit my boyfriend for a month, with a return flight (which yes i had before), I am prepared to provide a letter from my employer and a letter from my landlord stating that i have a job and that i pay rent, respectively. But I want to know for sure I wont arrive there and be sent right back. Do I need to get an entry clearance, which I have read that you may need? I have emailed Worldbridge to see if they can give me any information.

Has anyone else gone through something similar?

ALSO, i would just like to say that when my boyfriend came to Canada in January he was welcomed with open arms and had no problems at our border. AND when I went to Jamaica in September, the border agent asked me why I had been refused leave to enter and was shocked that a CANADIAN would be declined leave to enter a nation that is still ruled by their queen.

Anyways, any information or tips anyone can provide me would be helpful....

(I do plan on applying for a YMS visa in the near future, should I just wait it out one more month? I really miss my boyfriend, its been 4 months since ive seen him!)

[geriatrix]

RFL5.3 How long are applicants automatically refused for?


regards

[x0xnatashax0x]

how can they allow me to apply for a YMS visa within a year but not allow me to travel there within 5 years...i think my case is a little different and I am just going to speak to an official cause nothing makes sense...everything is mule backwards

[Casa]

If you attempt to enter the UK without a visitor visa, you'll be bumped for sure following your previous deportation.
A fiance or spouse visa isn't subject to an automatic ban by the way.

[x0xnatashax0x]

i dont understand what you mean by that, a fiance or spouse visa isnt subject to an automatic ban?

[Casa]

I mean if you decide to marry your boyfriend at some time in the near or distant future, you wouldn't be subject to an automatic ban due to your overstay/deportation.

[x0xnatashax0x]

i understand....how would i go about getting entry clearance like that, cause when i looked it up it says you need entry clearance from a British Diplomatic post in your region. But on worldbridge it says its a settlement visa as a fiancee you have to pay $1063

[ElenaW]

i understand....how would i go about getting entry clearance like that, cause when i looked it up it says you need entry clearance from a British Diplomatic post in your region. But on worldbridge it says its a settlement visa as a fiancee you have to pay $1063

Yes you're right it's the settlement visa. Apply through here http://www.visa4uk.fco.gov.uk/.

[Casa]

You also have to show genuine intention to marry within 6 months of arriving in the UK, with evidence of wedding plans, and proof that you will be able to support yourselves financially without claiming Public funds and have adequate accommodation.
Although a fiancee or spouse visa doesn't incur an automatic ban, without a doubt the application will come under a great deal of scrutiny with the ECO checking for other reasons for valid refusal. As you will need a watertight application (if you decide to take the fiance route) it may be best to seek professional help with the application to avoid losing your visa fee.
By the way this initial payment will only get you a fiancee visa. After the marriage you will have to apply in the UK for Further Leave to Remain (2 year visa) which is currently £475 for a postal application or £730 for an application made in person. You won't be able to work legally until after FLR has been granted and postal applications take around 12 weeks to process. Applications made in person are generally decided on the same day...hence the higher visa fee.

[x0xnatashax0x]

i should just stick to get a YMS visa. Worldbridge is investigating for me what my stipulations are exactly. I do plan on marrying my boyfriend, but i have heard from many people that it is much easier for us to get married in canada and then i apply for a settlement visa as a spouse because if you have a marriage certificate they can't argue with the fact that you are legally married.

[Casa]

Ah! Don't be under the misconception that being married to a British Citizen gives you automatic right to a settlement visa. If you search, this forum has a multitude of refusals for married couples, some who have children together. You still need to prove that you can support yourselves financially (employment or savings) and that you have adequate accommodation in the UK. Admittedly this is the slightly cheaper option as you only have to apply and pay for the entry visa which is the same fee as fiancee without having to pay again the the Further Leave visa in the UK. Couples often weigh this up against the cost of flights to marry outside of the UK.