Re-entering the UK

[RichPratt]

Hi all,

My girlfriend (from the US) has been working in the UK since 2004 on work permit with 5 years leave to remain. However she's currently out of work and looking for a new job. Hence her current work permit is no longer valid.

We are due to go abroad on holiday soon. If we do go, will she be able to reenter the UK with her leave to remain (but no current work permit). If not, does she have the option of entering as a tourist - I guess that to do so she'd have to show an intent to leave for the US sometime in the future?

If anyone can clarify what her options are, it'd be much appreciated.

Thanks,

Richard

[try-one]

Hi RichPratt,
The leave to remain stamped on the passport is linked to the WorkPermit; the moment she lost her job she had to leave the UK regardless if the stamp on the passport showed another 5 years (or any ammount of time). I understand you have 28 days to leave the UK, so hopefully she is still within that time.

Please note that employers are required to inform the Home Office about the changes on the work permit; the employer most likely informed the Home Office and in any case, the National Insurance number would show that she was not receiving a salary from some point in time.

If she is within the 28 days of loosing her job (lost end of February 2007?) then she is within her visa conditions and could return as a tourist (with some questions asked by immigration officials as to whether she plans to leave in the future); if she lost her job more than 28 days ago, then she is in breach of her visa and if the Home Office system shows she lost her job more than 28 days before she re enters the country then she most likely be refused entry.

In any case, I would suggest you get advise from an experienced immigration advisor; looks like she may be in breach of her visa conditions.

Her entry clearance sticker most likely should show "work (and any changes) must be authorised"; changes such as not working for the same employer anymore.

[RichPratt]

Hi try-one, thanks for your reply.

She's been more than 28 days out of work but her employers have not informed HO - hence she's not had any letters telling her to get out.

Do you think that she'd be able to re-enter the country as a tourist if she can show a return ticket to the US at immigration? Clearly she'll be turned away trying to get in on her existing LTR.

The reason for all of this is that she has the possibility of interviews in April. The sensible thing would be for us to not go away, however for obvious reasons we're keen to go and still give her the chance to go to the interviews!

Thanks

[stedman]

Do you think that she'd be able to re-enter the country as a tourist if she can show a return ticket to the US at immigration? Clearly she'll be turned away trying to get in on her existing LTR.

It's a tricky one. A South African FOF tried something similar - had a 2 year working holiday visa which expired. Shortly before it expired he went back to SA then a few weeks later returned to the UK as a visitor. He was refused entry at Heathrow as he was told he had too many ties to the UK and simply couldn't be trusted to leave at the end of the "visit"

IS this forthcoming trip essential?

[RichPratt]

No, the trip is just a holiday so not at all essential. We booked it ages ago (and paid for it) before this whole situation happened. Having paid for it we're naturally quite keen to make the most of it, but hopefully without the consequence that she isn't allowed back into the country!

[kairos]

I was in a similar situation a few years ago; I left the UK towards the end of my student visa for a short holiday in Italy. When I came back through Heathrow, the customs official pointed out that my visa had expired. I explained that I still needed to pack up my flat and showed them a ticket to return to Canada two weeks later. I was given a tourist stamp and told not to stay for too long

I think if your partner can show that she has a ticket to leave the country shortly after her reentry they are fairly likely to let her in; she can just explain that she's got all sorts of affairs to wrap up before she goes home and also point out that her ticket departs from a UK airport. In some ways, I think this might even be preferable to her over-staying on the LTR.

Either choice has its risks, but I didn't have any problems getting a tourist visa after a year and a half as a student. Perhaps they were harder on the South African national that Stedman mentioned because s/he had travelled to their own country before returning to the UK?

[stedman]

Kairos, I think you're right in suggesting that as you were travelling from Italy not from Canada it was more straightforward, and of course your personal circumstances may have been such that the immigration officer was happy to let you in. The friend of a friend I mentioned made a lot of mistakes during his interview with the immigration officer, so based on his case I'd recommend RichPratt and his girlfriend travel "separately" as well as showing a confirmed return ticket to the US.

[travellerboy]

How will you partner explain (at a later date) the valid LTR Entry Clearance, but a tourist entry stamp within the LTR validity period? Also, how will she explain herself if her last company informs the HO, without her knowledge, at a later date?

Importantly, the onus is on your partner to inform the HO of a change in circumstances. I understand your problem, but if seeking entry as tourist, she is knowingly seeking entry by deception, which if found out, will affect all future applications.

Just be careful, as I'm not sure it's worth years of your partner's name being on the Immigration Officers' warning system!