Family Visitor + UKBA mistake

[futurechemist]

This is more of a visitation question than immigration, but I hope someone can help. I'm a American citizen in a same-sex marriage with a British citizen. At present, I work in the USA and my husband is in the UK pending a decision by the US Supreme Court on recognizing same-sex marriages.

A brief summary of my British visa history
September 2006-January 2010, student visa for postgraduate study in Cardiff
Towards the end of the 3 year study, I applied for a 1 year extension to write my PhD thesis. It was rejected solely because I used an online printout of a bank statement to prove finances rather than a statement on bank letterhead. I immediately reapplied and was granted the 1 year extension through January 2011 and received a biometric card. I completed my course and left the UK in June 2010.
July 2011 - my husband and I visited for 1 week for our graduation ceremony in Cardiff. I was flagged at passport control because of my previous visa extension refusal, but after I explained and the agent looked up my situation, I was allowed in without incident
November 2011 - we got married in New York
February 2013 - My husband returns to the UK at the end of his American visa status and pending legal resolution of same-sex marriages in USA.
May 2013 - I fly to Heathrow. At passport control, I'm again asked about the extension refusal. This time, after researching my status the agent says there are more serious problems. UKBA has NO record of me applying for or receiving the 1 year extension. The agent is convinced that I overstayed my original 3 year student visa by several months. I no longer have the biometric card with the extension on it, so I can't prove that I received the extension.

Ultimately, the agent allowed me in with an official warning and a note on my passport that I must leave the UK by the date of my return ticket. I'm confident that the agent made a mistake, and am utterly confused as to how there could be no record of my 1 year extension. The agent also implied that with this warning, I will never be allowed to enter the UK again and that there is no way to rectify the situation. The agent had no answer when I asked how I would have been granted entry in July 2011 if I supposedly overstayed in 2010.

My questions -

1 - what does the warning mean in practical terms? Can I still apply for a family visitor visa, or be sponsored for Leave to Remain?
2 - Why is there no record of my 1 year extension? Is it the agent's incompetence at searching my file, or UKBA's incompetence of somehow losing my records?
3 - How do I fix this? I'm in Cardiff now so I could pay a visit to the UKBA facility in Cardiff to ask if they have records of my biometric appointments. I could also contact the US Embassy's Virtual Presence Post in Cardiff, or go to the US embassy in London (though the latter would be a hassle).

I'm grateful for any advice on how to fix the situation.

[reabs]

From the sounds of it, UKBA are saying that you may have been in breach of the immigration rules but in the absence of concrete evidence, have opted to issue that official warning. Had they had such proof, entry would have been refused. What is the text of the warning?

UKBA is very good at losing records. A friend applied for a visit visa a year after having lost her passport but UKBA refused it stating they had no record of her ever having been granted a UK visa in the past as she claimed in her application let alone having entered the country. She was able to prove it though by cobbling together various documents such as the air tickets used, photographs, bank statements etc. So your situation is not unique.

You really do need to clear this up because that warning will have a detrimental impact on any visa application that does not have an ECHR recourse. My advice - contact them as soon as possible explaining your situation in appropriate detail. It would help if you have any documentation that you can send them to support your case. I doubt the Cardiff centre would accomodate your enquiry. Email is their preferred medium => UKBACustomerComplaints@homeoffice.gsi.gov.uk

Good luck Dr.

[futurechemist]

Thanks for the reply. I've sent a detailed email to that UKBA email address, hopefully I hear back sometime soon. The warning I got was in the form of a n extra stamp in my passport saying "Leave to enter for/until 4 June" (the date of my return flight to the USA). My problem is that I don't have the biometric card any of the documentation, application, letter. I'm hoping my former university saved some records since they assisted me in the application. The current account used to pay for the the visa application doesn't provide detailed statements or images of cheques so I can't prove where the application fee came from.

Other than my former university, I don't see how I can come up any evidence that my visa extension ever existed.

I've heard rumors that being married to a British citizen, I have an automatic right to entry into the UK. Is that in any way true?

[futurechemist]

I figured I'd update the situation. I was never able to find my ID card. I wrote an email to UKBA but have yet to get a reply. The British Uni I went to was much more helpful. While they didn't have a photocopy of my foreign national ID card, they had an official receipt from UKBA acknowledging my application for a 1 year extension, as well as a record of receiving my documents back from UKBA. They also contacted UKBA directly, and got UKBA to write an email stating that my 1 year extension had been approved (no explanation of why the Heathrow agent couldn't find any record of it...) Finally the university wrote me a letter on official letterhead stating that I had never overstayed and quoting all relevant UKBA confirmation numbers so they could be looked up next time.

I'm back in the US now for the forseeable future. Is there anything I could/should be doing now? The next time I want to visit my spouse in the UK, assuming it's just for a few weeks, would it be better to apply for a visa in advance, or to go to the airport armed with the various letters from my uni and UKBA confirming that I never overstayed and ask the airport agent to fix my record?

[Mubbashshir]

I figured I'd update the situation. I was never able to find my ID card. I wrote an email to UKBA but have yet to get a reply. The British Uni I went to was much more helpful. While they didn't have a photocopy of my foreign national ID card, they had an official receipt from UKBA acknowledging my application for a 1 year extension, as well as a record of receiving my documents back from UKBA. They also contacted UKBA directly, and got UKBA to write an email stating that my 1 year extension had been approved (no explanation of why the Heathrow agent couldn't find any record of it...) Finally the university wrote me a letter on official letterhead stating that I had never overstayed and quoting all relevant UKBA confirmation numbers so they could be looked up next time.

I'm back in the US now for the forseeable future. Is there anything I could/should be doing now? The next time I want to visit my spouse in the UK, assuming it's just for a few weeks, would it be better to apply for a visa in advance, or to go to the airport armed with the various letters from my uni and UKBA confirming that I never overstayed and ask the airport agent to fix my record?

Hi there,

My Advise is to apply for a Visa since you have enough time and also since on their records you have been given a warning. While applying for Visa make it very clear about the missing evidences which UK Border Agency doesn't have and evidence's you got from your University in your covering letter which you should be submitting along with your Visa application.

Hopefully things will be easy for your next visit.

Question from my side
When US Citizens arrive at UK Port of entry(Airport) as family visitor without Visa what is the usual procedure followed by UK immigration offices to allow entry into UK please explain this in detail as my parents are visiting in next couple of months to UK. Just to let you know I have arranged all the supporting financial documents,Invitation letters and my immigration status documents as requested on UKBA Website. Please confirm if the below applies to them.

1. Though they don't need any Visa do they have to fill any application form?
2. Does UK Immigration authorities charge any fees for allowing visitors without visa in UK?