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Does valid passport guarantee entry?

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ReturningHome
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Posts: 28
Joined: Fri Apr 21, 2017 10:16 am

Does valid passport guarantee entry?

Post by ReturningHome » Sun Jul 02, 2017 6:59 pm

Hi,

My non-eea wife is currently applying for ILR to join me in the UK. She has a daughter who is approaching 18 but can't legally apply to live with us as her biological father has been part of her life. (She stays with him every other weekend)

There is still a year before my step-daughter can go to university in her home country and we would like for her to come to the UK as a visitor for 6 months and improve her English etc.

Her passport allows visits of upto 180 days but the cynic within makes me think that any border patrol agent would find no reason for her to return to her home country (her mum is here, she has no job nor university place yet).

Is it possible (probable?) that she be denied entry even though her passport allows the visit? And if so, is there anything I can do to reduce the possibility of this happening?

Obviously, she would not overstay her legal right but I don't want to put the wheels in motion and commit funds to the trip until I can be sure that there wouldn't be any problems.

secret.simon
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Posts: 11223
Joined: Thu Feb 21, 2013 9:29 pm

Re: Does valid passport guarantee entry?

Post by secret.simon » Mon Jul 03, 2017 10:22 am

A person with a valid non-EEA passport still needs to prove to the Immigration Officer at the border that s/he is a "genuine visitor". The fact that she has close family living in the UK complicates the matter.

"4.2 (a) (c) (e) of Appendix V, Immigration Rules of Visitors" states:
The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5); and
(d) will not undertake any prohibited activities set out in V 4.5 – V 4.10; and
(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities such as private medical treatment.
How would you prove (b) at the airport if you have close family in the UK and are not enrolled in school or university in your home country?

If she does not prove that she is a "genuine visitor", she can be returned to her home country by the next flight, but, to my knowledge, it is highly unlikely. So, a valid passport does not guarantee entry, but it facilitates entry.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ReturningHome
Newly Registered
Posts: 28
Joined: Fri Apr 21, 2017 10:16 am

Re: Does valid passport guarantee entry?

Post by ReturningHome » Tue Jul 04, 2017 12:21 pm

Thanks very much for the reply

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