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Topic: Question about Visitor's Visa for Previously Denied Entry  (Read 954 times)

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Question about Visitor's Visa for Previously Denied Entry
« on: July 13, 2010, 07:28:32 PM »
Hey!  I have a question, and I hope I'm posting in the proper place.

I am an American citizen.  In 2005, as a tourist, I accidentally overstayed a passport stamp (long story), and was denied entry to the UK coming from Italy.  The following year I was advised to apply for a visitor's visa to visit, and did so very badly ( I was a newbie!), and was denied.  I applied again for a visitor's visa in 2008 to meet my almost-fiance's family over Christmas.  This time I was prepared with bank statements, leases, letters of employment, itineraries, etc. of both myself and my UK boyfriend. I was denied because they didn't believe me that my boyfriend was a real person(?!), with no right to appeal.

Anyway, here we are in 2010 married almost a year, living in California.  We had an approved fiance visa, wonderful wedding, and adjustment of status, and he is working legally with his greencard and social security number.  I am sending in for my name change on my passport, so the new one should look much better.  We have a wedding to attend in London in October, and my question is this:

Do I apply again for a visitor's visa?

or

Do we just bring all of our documentation of leases, car, dog, assets, employment with us just in case?

or

Is there paperwork specifically for spouses of UK citizens who are just visiting, with no intention to stay?

I'd like to do the correct thing, but there doesn't seem to be a cut and dry answer from lawyers! Thanks for your help!


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Re: Question about Visitor's Visa for Previously Denied Entry
« Reply #1 on: July 13, 2010, 07:33:04 PM »
Even though you will have a new passport, your immigration history will be accessible when you try to enter the UK.

It's generally recommended on here that you apply for a visitor's visa from now on since you've been denied visas in the past. If you just show up, you may get in but you may be refused entry. Applying in advance makes it very unlikely you will be refused entry.
« Last Edit: July 13, 2010, 07:35:44 PM by geeta »


Re: Question about Visitor's Visa for Previously Denied Entry
« Reply #2 on: July 13, 2010, 07:46:08 PM »
Geeta is correct. There is also the opinion among the IO's against American Women and the thinking that by changing your passport you somehow lose the negative immigration history...very wrong.

Not only do you have an overstay, a refused entry (bounce) but a visa refusal as well it is very unlikely that you will be successful in gaining entry if you just get on a plane and show up at the border trying to get in...also if you overstayed your visa in the UK by more than 28 days you will not be successful in gaining a visitor visa.

Quote
Refusal of entry clearance or leave to enter the United Kingdom
320.


In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7b)where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

You have no choice but to apply for a visitor visa before you attempt travel. You will have to declare your overstay in 2005, your refused entry and your visa refusal and provide all the documentation you have on each of those events. But, there is no guarantee that your application will be successful. Given that the visitor visa cost is only $109 it wouldn't be too expensive to find out.


Re: Question about Visitor's Visa for Previously Denied Entry
« Reply #3 on: July 13, 2010, 11:46:02 PM »
Remember to declare family visitor status up front on the application


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