Re-entering as a Tourist

[tyup12]

Hi,

I will be obtaining a Tier 5 GAE Visa (this is in the midst of processing and it's my 5th working day with no news still ) for a work placement that I have with a firm. The work placement takes place only for two weeks and I am hoping to re-enter as a tourist upon 5 days after expiry. I have a few months off before my legal training in my home country takes place, and was intending to visit the UK for 1-2 months for the purposes of a holiday.

I understand that you typically are not encouraged to re-enter after the expiry of a Tier 5 Visa, but I note also that in those circumstances the Tier 5 Visa was a 12 months or 24 months long one. In my case, my Tier 5 Visa is only for 2 weeks. Would this make any difference to the likelihood of success to re-enter as a tourist?

To make it even more complicated, (it was a horrifying and most unexpected experience but yes - in hindsight a terribly stupid mistake) I was refused entry rather recently. Basically I was under the impression, apparently wrongly so, that I could switch from a tourist visa to a Tier 5 visa from within the UK and tried to enter a week before my intended work placement as a tourist. Was subsequently sent back. It was all in all a procedural nightmare but no questions were made regarding credibility/intentions etc.

I am therefore now extremely paranoid about re-entering as a tourist - please any advice would be much appreciated. I have an employment contract for my legal training that is about to start when I return to my home country. Also have bank statements and a letter of undertaking from my dad that he will be my financial sponsor.

Thank you!

[Sudanim]

Hi tyup12

Hmmm, "typically are not encouraged to re-enter after the expiry of a Tier 5 Visa". That's a bit of an understatement. The T5 visas are often abused, usually though it's the Youth Mobility route, where the holder has after 2 years established something of a life here and doesn't want to leave (say because of a boy/girlfriend). Either they overstay, or they leave and seek re-entry as a visitor 'for a holiday'.

The decision on whether to allow entry will be made by the officer they see that day. A well prepared 'tourist' with onward flights, evidence of a job back home and such may be granted entry or they may not, there is no black and white and the decision is quite a subjective one.

That's all mentioned as background. In your case, you are on a GAE, which gives you a bit of a boost to your credibility over, say, a young Aussie backpacker who can't bear to leave her boyfriend of 18 months behind.

However, the flip side is your "complication". That refusal marks you up as a problem and you should expect to be attract attention. This is assuming the visa gets granted. Not to worry you but the people dealing with the application will know of your refusal as the application form asks you about it, so they will want to be satisfied that it was an innocent mistake on your part rather than someone who just wanted to avoid paying the fee/applying for a visa. Honesty is always the best policy, so be honest about what happened and why, as any hint at deception (including not mentioning something important) could end your trip before it starts.

Now all the doom and gloom aside, assuming the visa is granted, you may well find it is valid longer than you need for your placement:

How long you can stay
You can stay in the UK for up to 12 or 24 months (depending on the scheme you’re applying for) or the time given on your certificate of sponsorship plus 28 days, whichever is shorter.

You can enter the UK up to 14 days before the start date of your job.

Thats from https://www.gov.uk/tier-5-government-au ... e/overview which is the UK government itself. 12 months ought to be enough for your holiday at the end of your placement.

[tyup12]

Thank you!

Yeah I think that it is such a subjective decision that it worries me - also, my work placement is only for two weeks so my Tier 5 Visa will not be any longer than that save for an additional 14 days after the last day of my work.

Do you reckon there are other ways/evidence that I could have handy to prove that I have strong ties to my home country and have no intention of over-staying? At the minute I have just the contract with the law firm I will be commencing my training at (but this is only in July 2018, I have some time off which is why I want to visit!) and my dad's sponsor letter + bank statements along with a draft itinerary.

Thanks alot again.

[Sudanim]

Difficult to give any definitive suggestions, but depending on your circumstances then maybe you have a rental agreement with a rental period going someway into the future, or a mortgage commitment? Neither mean you won't let/sublet the property of course, but it could help towards building a convincing picture.

Do you plan on working in your home country after your holiday but before you start your legal training? If so have you got anything planned that you could evidence?

A return ticket to your home country should be an obvious one. Not just a £30 ticket out of the UK, but one all the way to your home country. Never any guarantees someone will get on that flight, but it shows a financial outlay that goes towards showing you have an intention not to overstay.

Evidence of ample funds could help show you wouldn't need to resort to working as you simply don't need to.

What about your plans for the holiday element of your trip? If you are travelling around the UK are you staying in different hotels in different cities? Have you booked them and if so could you prove you have? Most coming to the UK to work illegally will probably stay in the same place, not move around the likely tourist destinations.

Do you have a definitive idea of what you want to see or do? It's not a requirement, but its reasonable to expect someone to have some idea of what they want to see and do during their visit. Bookings, itinerary, coach/train/flight tickets showing planned travel between cities might help.

As I said there's no black and white for this. You need to convince the officer you see that you are more likely than not a genuine visitor.

Does that help at all?