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Topic: Code 3 Stamp at Immigrations - a little scared & need advice  (Read 2835 times)

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Code 3 Stamp at Immigrations - a little scared & need advice
« on: April 03, 2017, 12:52:37 PM »
This might be long. Bear with me, I really need some advice and reassurance.

I'm a US citizen in a long-term relationship with a UK man. We've dated for over a year now, and although his work schedule generally keeps him confined to the UK, I work from home and can travel fairly easily.

I've made five trips (not including my travel yesterday) to the UK since January 2016 - a total of 3 months and 3 weeks, no single trip longer than two months. My most recent trip was from December 10th - January 28th, and then I just flew in yesterday (April 2nd) to stay here for a month.

I've never really had a bad border visit until yesterday. They've always asked questions regarding the validity of my stay, but everything was fine and good to go. Now I've received a Code 3 stamp (beginning with an R, I've heard that's relevant) and ambiguous warnings about how this might affect any future visa situations should we get engaged/married.

In short, I'm mf'ing terrified, y'all. I work from home and can slog enough to be able to save up to make these lengthier trips, but I don't work nor live in the UK illegally. None of my visits have been or will ever be longer than two months, and my home with my family is in the US.

First, what the heck happens now? I stated a month's stay (when really I want two months, but if I shouldn't extend it to two months, then I won't), and that's fine. I was intending to come back late August, and stay for another month, and then come back for December-January.

What's my risk here? My thoughts are I could get mine and his parents to write a statement that my permanent residence is in the US and if I decide to move to the UK, it will only be through legal visas. I don't own any property, and I work from home, so it's not like I can really get a paystub.

I'm really scared that I might have to stay out of the country for a much longer period of time without visitation on either side, as he just can't usually take the time out of his job to spend even a week or two in the US. Help?


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #1 on: April 03, 2017, 01:04:13 PM »
First and foremost when you say you work from home, please ensure you are doing no work from within the UK.  You can work from home in the USA ONLY - working, whether paid or unpaid while on a visitor visa is strictly prohibited and can prevent you receiving future visas or citizenship later on. 

How much time have you spent in total in the UK in the last year?

If you stated on your landing card that you plan to stay for one month - that is how long you should stay for.  If they catch a pattern that you are saying one thing on the landing card and then changing the date afterwards, that can also create problems in the future.  Nothing wrong with staying two months - you just need to state your intentions at the border.

Sounds like it's going to become more and more difficult for you to visit so frequently.  To be sure to have no issues, you may want to consider applying for a visitors visa in advance.  Whether you apply in advance or not you should now carry:

return flight (for the date you intend to return)
a letter from your employer stating how long you have off and the date you are expected to return to work
proof of a home that you are maintaining in the US while here (lease or mortgage)
bank statements with sufficient funds to support your trip

Letters from parents won't be looked at. 

It may be time to start talking about what you two want to do long-term.  You'll likely need to either start spending less time in the UK or consider applying for a visa that allows you to move here and live/work here (i.e., marriage).

This is a very easy to read explanation of a Code 3 stamp:
http://www.vagabondjourney.com/what-is-a-code-3-uk-immigration-stamp/
« Last Edit: April 03, 2017, 01:10:26 PM by KFdancer »


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #2 on: April 03, 2017, 01:06:30 PM »
Welcome to the forum :).

A code 3 stamp shouldn't be anything to worry about - it just means that they've retained your landing card and are making a record of your visa (i.e. They're keeping an eye on you).

It will not affect any future visa you apply for.

The best thing to do now though is only stay 1 month and then don't try to come back to the UK for a while (August would probably be fine).

I would not attempt to stay for 2 months as you only told them 1 month when you entered and they can check what date you left vs. what date you stated.

If they find out you stayed longer than you said and that you intended to stay longer all along, that can affect your immigration record in future... they might even determine you were using deception and that carries a ban from the UK of 10 years.

Also, DO NOT carry out and work in the UK at all, not even remotely, as that is illegal on a visitor visa.

You might also want to consider applying for a visitor visa in advance of your next trip - that would make sure you get permission to enter in advance and you won't have to worry about being detained at the border. Also, it's a multiple-entry 6-month visa so it might cover your trip in December too.


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #3 on: April 03, 2017, 01:15:22 PM »
This is all really helpful, thank you. Sorry, I'm a huge worrier with high anxiety!

I don't do any work while in the UK, so that's good at least. Just means I work pretty much 16 hour days to save up for the visits, hah.

I actually had no idea I could apply for a visitor's visa. From what I had read, I assumed the US to UK had an automatic one for six months, which I think is still the case. I'm guessing a visitor's visa is different from anything stamped at the border?


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #4 on: April 03, 2017, 01:20:08 PM »
This is all really helpful, thank you. Sorry, I'm a huge worrier with high anxiety!

I don't do any work while in the UK, so that's good at least. Just means I work pretty much 16 hour days to save up for the visits, hah.

I actually had no idea I could apply for a visitor's visa. From what I had read, I assumed the US to UK had an automatic one for six months, which I think is still the case. I'm guessing a visitor's visa is different from anything stamped at the border?

Great news about the no working - that will really help cover your tail.  :)

Tourists from the USA are not required to apply for a visa in advance at the border.  But when you reach the immigration officer, you are requesting a visa there and then.  You *can* apply for this in advance to ensure you don't have any problems (and you are now at the point to where this will help you).  An advance visa will be issued for six months and will allow multiple entries into the UK in that time, so if you and your boyfriend wanted to go to Paris for the weekend, you could.  You wouldn't have any issues re-entering the UK on your return.  Whereas right now if you did that, it's unlikely you'd be allowed back into the UK.

Remember the general rules of thumb for visitor visas to the UK:
No more than 6 months inside the UK in a 12 month period (rolling)
Spend as much time (if not more) outside of the UK than you spent inside of the UK


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #5 on: April 03, 2017, 01:26:56 PM »
I actually had no idea I could apply for a visitor's visa. From what I had read, I assumed the US to UK had an automatic one for six months, which I think is still the case. I'm guessing a visitor's visa is different from anything stamped at the border?

Every single person who enters the UK as a visitor has a visa - the only difference is whether you apply for it in advance of travel or if you 'apply' for it at the UK border when you arrive.

People from certain countries have to apply in advance while others can get a visitor visa stamp at the border instead.

US citizens are one of those who don't HAVE to apply for a visa in advance of travel, however they can if they like.

 If they have ever been refused a visa/entry, have worked or overstayed illegally, or have certain criminal convictions they are advised to apply for a visa in advance of travel.

Or alternatively if they are worried about being let in because maybe they are planning a long trip (up to 6 months) or they are in a situation like yours when they've been questioned and received a Code 3 stamp, they might want to apply in advance to reduce their chances of having the same experience again.




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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #6 on: April 03, 2017, 01:27:52 PM »
This is all super super helpful, thank you guys so much ;-;


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #7 on: April 03, 2017, 01:42:00 PM »
An advance visa will be issued for six months and will allow multiple entries into the UK in that time, so if you and your boyfriend wanted to go to Paris for the weekend, you could.  You wouldn't have any issues re-entering the UK on your return.  Whereas right now if you did that, it's unlikely you'd be allowed back into the UK.

Remember the general rules of thumb for visitor visas to the UK:
No more than 6 months inside the UK in a 12 month period (rolling)
Spend as much time (if not more) outside of the UK than you spent inside of the UK

You can’t:

   ..........
    live in the UK for long periods of time through frequent visits

https://www.gov.uk/standard-visitor-visa/overview

It's this that seems to be catching many out, even if they kept to the 'no more than 6 months in 12' rule of thumb.

Some reporting they are refused a visa as they stayed longer than they claimed they would before, even though they left before their 6 months visa was up.
Unless they have a genuine reason with proof why they stayed longer than they claimed (i.e. stuck in intensive care and couldn't be moved) then they are refused future visits

Even on a visitor visa, you need to state how long you are really intending to stay for.

Others saying they have had their long term visitor visas removed when they tried to enter the UK again as they were staying for 5 or 6 months, leaving for 6 months, staying for 6 months etc.
« Last Edit: April 03, 2017, 01:49:08 PM by Sirius »


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #8 on: April 03, 2017, 01:44:38 PM »
You can’t:

   ..........
    live in the UK for long periods of time through frequent visits

https://www.gov.uk/standard-visitor-visa/overview

It's this that seems to be catching many out, even if they kept to the 'no more than 6 months in 12' rule of thumb.

Some reporting they are refused a visa as they stayed longer than they claimed they would before, even though they left before their 6 months visa was up. Others saying they have had their long term visitor visas removed when they tried to enter the UK again as they were staying for 6 months, leaving for 6 months, staying for 6 months etc.

Even on a visitor visa, you need to state how long you are really intending to stay for.

Without question, the key to the visitor/tourist visa, is to be a visitor/tourist to the UK!  UKVI is pretty good about letting people come and have extended stays while dating - but it's not really what the visa is designed for.


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #9 on: April 03, 2017, 01:50:38 PM »
Without question, the key to the visitor/tourist visa, is to be a visitor/tourist to the UK!  UKVI is pretty good about letting people come and have extended stays while dating - but it's not really what the visa is designed for.

Honesty is the key.


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Re: Code 3 Stamp at Immigrations - a little scared & need advice
« Reply #10 on: April 04, 2017, 12:27:41 AM »
It sounds like you didn't have a return ticket booked when you arrived? That might be the issue, and that would help in the future.
Online application submitted April 5, 2017
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