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Topic: Deported. How can I come back?  (Read 580 times)

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Deported. How can I come back?
« on: October 01, 2014, 09:03:24 PM »
My boyfriend has been accepted to a University in Manchester. We applied for me as a dependent on his visa but when he sent out the application he included no evidence of our relationship. So I was rejected a visa. We could have appealed the case within 28 days but had no shared bank accounts and our lease was only about a year long. We've been together 5 years but have no idea how to legally prove that.

Lawyers said I don't need a 6 month visitor visa just to visit even if i had been rejected for a visa.

So I get to London with my boyfriend, all financial documents in hand, email from lawyer about not needing a visa and non-refundable return ticket back to America at the end of my stay.

They detained me for 20 hours and sent me back to America. They did not believe I would leave since I applied for a year visa that was rejected and I had no job or school to go back to in the US.

So there's a couples flat and a boyfriend waiting for me in England. So far no lawyers have gotten back, no help when calling the NY consulate and the consulate closest to me in L.A. will not deal with visas. I have applied for school in Manchester but they will not give a CAS number to part time students.

Any advice?

Any questions on what it is like to be detained in London Heathrow I would be glad to answer. Or any questions about if you may be stopped at London, ask me. I've talked and asked so many questions to border patrol.


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Re: Deported. How can I come back?
« Reply #1 on: October 01, 2014, 09:59:20 PM »
My boyfriend has been accepted to a University in Manchester. We applied for me as a dependent on his visa but when he sent out the application he included no evidence of our relationship. So I was rejected a visa. We could have appealed the case within 28 days but had no shared bank accounts and our lease was only about a year long. We've been together 5 years but have no idea how to legally prove that.

Lawyers said I don't need a 6 month visitor visa just to visit even if i had been rejected for a visa.

So I get to London with my boyfriend, all financial documents in hand, email from lawyer about not needing a visa and non-refundable return ticket back to America at the end of my stay.

They detained me for 20 hours and sent me back to America. They did not believe I would leave since I applied for a year visa that was rejected and I had no job or school to go back to in the US.

So there's a couples flat and a boyfriend waiting for me in England. So far no lawyers have gotten back, no help when calling the NY consulate and the consulate closest to me in L.A. will not deal with visas. I have applied for school in Manchester but they will not give a CAS number to part time students.

Any advice?

Any questions on what it is like to be detained in London Heathrow I would be glad to answer. Or any questions about if you may be stopped at London, ask me. I've talked and asked so many questions to border patrol.

Were you simply denied entry or were you actually deported?

If you cannot prove two years of 'living akin to marriage' a dependent visa will not be successful.

Could you become a full time student?

Unfortunately, you will now always need to apply for a visitor visa to the UK...
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Deported. How can I come back?
« Reply #2 on: October 02, 2014, 12:58:36 AM »
Yes, you were not deported as you never entered the UK. You were refused entry to the UK.

If you can't prove you were living together for two years, then there's not much left other than becoming a full time student yourself or getting married. Calling the consulates won't help as they don't have anything to do with the visa you need. The lawyer you talked to was wrong. Now that you have been denied a visa, you need to apply in advance for visas to enter the UK.


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Re: Deported. How can I come back?
« Reply #3 on: October 02, 2014, 09:03:13 AM »
Yes, you weren't deported.  You were refused entry which isn't nearly as big a deal.

I'm really sorry you got such crap advice.  A post on any Internet forum (or quick google of the UKVI website) would have resulted in everyone telling you not to try to enter the UK without a visa, because you would just be sent straight back.

Here are your options:

1.  Find hard proof that you and your boyfriend have lived in a relationship akin to marriage for a minimum of 2 years (leases, bank accounts, etc.).  Reapply as his dependent.

2.  Get married and reapply as his dependent.

3.  Get your own student visa.


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Re: Deported. How can I come back?
« Reply #4 on: October 02, 2014, 10:37:15 AM »


1.  Find hard proof that you and your boyfriend have lived in a relationship akin to marriage for a minimum of 2 years (leases, bank accounts, etc.).  Reapply as his dependent.

2.  Get married and reapply as his dependent.


Only if he is on a course at NQF level 7 or above.

« Last Edit: October 02, 2014, 10:40:13 AM by Sirius »


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Re: Deported. How can I come back?
« Reply #5 on: October 02, 2014, 01:43:48 PM »
My boyfriend has been accepted to a University in Manchester. We applied for me as a dependent on his visa but when he sent out the application he included no evidence of our relationship. So I was rejected a visa.

Sorry to hear that.

Quote
We could have appealed the case within 28 days but had no shared bank accounts and our lease was only about a year long. We've been together 5 years but have no idea how to legally prove that.

An appeal would not have been successful anyway as they were correct to refuse the visa due to you not supplying the required documents. Plus an appeal takes about a year to be decided anyway, by which time it would have been too late to join your boyfriend if his course is only 1 year long.

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Lawyers said I don't need a 6 month visitor visa just to visit even if i had been rejected for a visa.

As others have said, the lawyers were very incorrect. If you have been refused a visa, you should apply for a visitor visa before travel, because there is a good chance you will not be allowed in without one (as you have since discovered).

Quote
So I get to London with my boyfriend, all financial documents in hand, email from lawyer about not needing a visa and non-refundable return ticket back to America at the end of my stay.

They detained me for 20 hours and sent me back to America. They did not believe I would leave since I applied for a year visa that was rejected and I had no job or school to go back to in the US.

Again, unfortunately, they were correct to refuse you entry (you were NOT deported, because you have to be in the UK in the first place to be deported... and you never made it into the country).

In order to meet the requirements to be let into the UK as a visitor, you have to show:

- the return ticket
- bank statements showing you have enough money to live of for the duration of your visit without working
- that you have NO intention of living in the UK at all (as you had just applied for a Tier 4 Dependant and were travelling with your boyfriend, this would have been very difficult to prove)
- evidence of ties in the US that you must return to, which mean you will not try to stay in the UK, such as:
 - a job (letter from your employer giving you time off and stating when you will return to work)
 - a home (evidence of maintaining a home in the US)
 - a family/relationship to go back to (not easy to prove if that person is living in the UK)
 - any other commitments, such as interviews, appointments, events etc. in the US that you have to get back for

Quote
I have applied for school in Manchester but they will not give a CAS number to part time students.

You cannot get a Tier 4 student visa for part-time study... it's not allowed - you have to be studying full-time in order to be issued with a CAS.

Basically, as others have said, your options are:

- if your boyfriend's course is at NQF level 7 or higher (i.e. masters degree level) AND you have lived together in a relationship 'akin to marriage' (i.e. both names on leases/bills etc.) for the last 24 consecutive months, you can apply again for a Tier 4 Dependant visa, providing hard, paper evidence of living together for those 24 months.

- get married and then apply for a Tier 4 Dependant visa as his wife (might be difficult though if he is in the UK and has to be in school, because he may not be able to easily get back to the US to get married, and you would need a Marriage Visitor Visa to marry in the UK, and would then have to return to the US to apply for the dependant visa.

- see if you can qualify for a student visa yourself... but you would have to be studying full-time and it's a bit late in the year now to get a visa as most courses have already started.

- try applying for a visitor visa again in a few months time... but you will need to be able to show ties to the US, such as a job, home, other commitments you must return to, and you will need to be able to show that you are a genuine visitor and are NOT trying to use the visitor visa to live in the UK with your boyfriend.


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