Questions on applying for Unmarried Partner Visa (got refused of entering due to a wrong type of Visa)

[hitomitai]

Hi everyone,

Hope someone may have experience or knowledge regarding to this, and would be able to share.

I currently hold a British Passport, and my girlfriend holds a Malaysian passport (which has a 6 months visitor visa on arrival). We have been together for more than 2 year, She came to the UK on April 2017 – Sep 2017 (5 months) to see me, and came again Feb 2018 – June 2018 (5 months), both visits are under Visitors Visa.

Problem occurred when she came to the UK to see me for the third time in August 2018, the Immigration Officer refused her to enter the UK, the solely reason was she is not a genuine visitor, because she is using a visitor visa (6 months) to come to the UK and have already stayed here for too long (2 previous trips combined). The Officer said she would have to apply for a resident visa (I am guessing it is the Unmarried Partner Visa?) in order to re-enter the country.

Questions:
1. She now has a black cross on her passport will there be a cooling off period before she can start to apply for a Visa?
2. What kind of Visa is best suitable for her based on our situation? Family Visa (6months?) or Unmarried Partner Visa (2.5 year?)
3. Will the Black Cross/deported effect the processing time or lower the chance of getting the visa approved? (She didn't break any law, just visitor visa not suitable for her purpose of visit to the UK)
4. Would you guys suggest me to hire immigration advisor/solicitors to handle this kind of removal case?


Thanks in advance!

[CR001]

1. No there is no 'cooling off' period.

2. Which 'family visa (6 months)' are you referring to, visitor visa/fiance visa.....or ??? You don't appear to qualify for an Unmarried Partner Visa as you would have to prove rock solid evidence of cohabitation and joint financial commitments for a minimum of 2 years of 'living in a relationship akin to marriage'. This is mandatory and there is no discretion on this 2 years evidence.

3. Her application will likely just be scrutinised a bit more.

4. Your choice.