Re-entering UK on a tourist visa

[ivorytinkler]

I am currently in London and recently married my American wife who has been living in London for a year on a student visa which is expiring at the end of January.

I'm in the middle of applying for an American visa so that I can move there to live with her (my visa will probably arrive in April/May).

When her student visa expires at the end of January we intend to go abroad for a week or so and then return, so she would be re-entering the UK on a tourist visa until I get my American visa. Neither of us are currently employed but have savings.

Would it be likely the border control give us any issues? Are there any border controls were they tend to cause less problems with people entering?

[Casa]

With an expired Tier 4 visa on record the IO is unlikely to permit your wife re-entry as a visitor.

All UK Border Control points apply the same checks accessed from the UKVI computer system.

[ivorytinkler]

She wouldn't overstay her (tier 4) student visa - we would leave the UK before that expires (sorry if that wasn't clear)

[CR001]

She wouldn't overstay her (tier 4) student visa - we would leave the UK before that expires (sorry if that wasn't clear)

Casa is not referring to leaving the UK after the visa expires, but trying to re-enter the UK shortly after the visa expired to get 'visitor admission'.

[Casa]

She wouldn't overstay her (tier 4) student visa - we would leave the UK before that expires (sorry if that wasn't clear)

Casa is not referring to leaving the UK after the visa expires, but trying to re-enter the UK shortly after the visa expired to get 'visitor admission'.

Spot on!

[ivorytinkler]

With an expired Tier 4 visa on record the IO is unlikely to permit your wife re-entry as a visitor.

Thanks for your replies. This is pretty worrying though
Can you clarify or expand on the above - is it based on other people's experiences or the immigration law?
Is it worth taking the risk?
Should I ring the Home Office and ask them for more clarification?

[Casa]

If you call the HO 'help line' 10 times, you're likely to be given 10 different answers. Their guidance can't be relied on and they take no responsibility for flawed advice.

I would normally suggest pre-applying for a visitor visa but this can only be submitted in your wife's home country (or where she is legally resident, not simply as a visitor).

The re-entry is likely to flag up with the IO as a possible overstay due to having a recently expired Tier 4 visa and a husband in the UK.

You can of course take a chance as long as you have a Plan B in place if wife is refused entry.

[vinny]

I would normally suggest pre-applying for a visitor visa but this can only be submitted in your wife's home country (or where she is legally resident, not simply as a visitor).

She may apply for a visitor visa from outside the UK, where she is legally present.

[Casa]

If your intention is to only stay outside of the UK for 'a week or so', there may not be sufficient time for a visitor visa to be issued.

[ivorytinkler]

OP here again. She was able to re-enter! They did ask to see her return ticket to the states and asked quite a few questions. We're very relieved and thanks to everyone who offered advice here.

[Casa]

Please it worked out well for you.

[solis]

OP here again. She was able to re-enter! They did ask to see her return ticket to the states and asked quite a few questions. We're very relieved and thanks to everyone who offered advice here.

Hi ivory, could you please tell your experience? im in the same case and I want to know if can re enter with a expire visa to leave 10 days after to my country. Thanks