American girlfriend as visitor, soon student: HELP.

[DianaJDavis]

Hello, I need some good advice. (Wanderer, or anyone with some useful input?)

I am an American who has come to the UK on a series of 'visits' (the first one being BUNAC visa, all visits granted at port thereafter) since September 2006. Since then I have only returned home twice for a total of 7 weeks (5 weeks in June/July 07, 2 weeks in February 08 ).
My trips to the Uk have thus far exceeded the 6/12 month guideline.

During my last 2 visits, I fell head over heels in love for my then friend now boyfriend, whom I had known since I came over on the Bunac visa a year previous (we both had other relationships until May, came back to see him for 2 weeks in June, decided to come back in August to give it a decent shot and we've been living together ever since). We are absolutely crazy about each other but neither of us wants to marry under duress of government restrictions.
I don't know what to do, as I know every time I am let in as a visitor, it is as a lucky exception because I've been here under that category so long already. I tried to find an employer to sponsor a work permit (having a B.A. hons in English and Psychology) on the last trip, but this was difficult as I haven't been gaining work experience since Uni, (worked at WHSmith on the Bunac visa). I ended up wasting time with a small company who decided to back out at the last minute after dragging their heels for 2 months, finally being daunted by the tediousness of the process.

When I went home in February, I applied for a 1 year visitor visa for lack of any other category to qualify in. Although I knew I'd probably come in under a different category before that visa were to expire, I wanted it because I was terrified of being prevented from seeing him.

Funny then that it was denied. The official reasons were that I failed to provide evidence of my parents (sufficient) income-- supplied payslips but no bank accts, and my bf's bank statement showed overdraft. It also said I failed to provide evidence of his citizenship, even though I included a copy of his passport (he is British). Then at the bottom (the real reason), the ECO cited the 6 out of 12 month rule, and stated she didn't believe I intended to return home when my visa expired.

Because I had a flight booked for return to UK, and only received my denied visa app the day of the flight, I flew back anyway, and luckily was able to explain my situation to the IO, who granted me leave to enter until next Monday, 14th of April (when my return flight was booked, exactly 2 months from my entry on Valentine's Day).

Since then, however, we have formulated the grand plan of taking a PGCE course together to become international teachers (we both applied to Bristol in late Feb, didn't think we'd get in as it was so late in the year). I truly did not have this intention when I entered, it was a very spontaneous decision for both of us; partly perhaps as a way forward where we could both be together if I got a student visa, even though he will be quitting a 7 year business career to do it.

He has had an interview and been accepted to Bristol, my interview is scheduled for the 12th of May. My question is this (finally): Rather than fly home and spend $400 on a return flight 2 weeks later, I am considering taking a loss on the original flight ($250 cheapo fare into Toronto, I live in Rochester, New York) and going with him to France this weekend, and re-entering on the basis that I need time to schedule two 1-day visits to secondary schools before my interview (have a letter from Bristol stating this, as well as a letter confirming my interview date).

Also, I am afraid of traveling alone with that little stamp on the back of my passport. Even though the IO (in Feb) said that it wouldn't reflect badly on my immigration history, and that even though I'd be asked questions about it, as long as I could show proof of funds and explain myself I should be fine in future travels, I know that there is always a chance of getting an IO who is unsympathetic with my coming in so much as a visitor to be with my boyfriend.

I feel that our chances are better if we are together at the port (we'd be ferrying it, so would be in the same line at passports). Am I right? Will they recognize the interview as a legitimate change in circumstances, or see me as attempting to be deceptive? We are also flying out to Italy together with his mum (who has terminal cancer, another reason why I do not want to be spending time away from here right now) for his brother's wedding to an Italian. I could present a ticket at re-entry, but don't see how much good it would do if I tell them I'm not planning on taking my current flight out on the 14th. If I don't tell them about my current flight, it might look less like I'm reneging on commitment, but if I do tell them, then perhaps they would at least decide to let me in for my flight the next day, rather than denying me utterly.

How serious is my situation, and do I have a shot of going the more convenient route in and out of France? If accepted to Bristol, I would of course return home in June to apply for student visa. I have never overstayed.

Thanks to all who had the patience to read this lengthy report, any advice is appreciated.

Diana

[Mr Rusty]

So, the IO granted you only 2 months the last time you entered. You are entitled to apply in-country for the balance of the 6 months visit - see extract from the Immigration Rules following:

"Requirements for an extension of stay as a visitor
44. Six months is the maximum permitted leave which may be granted to a visitor. The requirements for an extension of stay as a visitor are that the applicant:

(i) meets the requirements of paragraph 41 (ii)-(vii); and

(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a visitor. Any periods spent as a seasonal agricultural worker and as a student visitor are to be counted as a period spent as a visitor; ..."

The requirements mentioned in (i) are the normal ones applying to anyone seeking entry as a visitor, including of course the intention to leave at the end of the visit. Don't bother with the lengthy explanation you have given here, simply explain that since your arrival your plans have changed, and if you are successful at the interview you will return to the US and seek the appropriate visa.
Your only difficulty may be a prolonged wait for a decision, but if you have a successful interview you can ask them for your passport back, then go home and apply for the visa.

If you travel to Europe and seek entry again, sooner or later you're going to run into an IO who says "You're taking the pi55, enough is enough" and refuse you entry.

[RobinLondon]

This is really a bit of a mess.

You're playing a dangerous game. At any time at re-entry, the Immigration Officer may deny you entirely. Or give you temporary admission, with extremely limited leave of 24-72 hours.

There are some things in your favour, such as your evidence of an imminent course interview. But to be safe, you need to carry at all times leaving and returning to the UK such proof from Bristol as well as your ticket to return in the very near future to the United States as well as proof as sufficient funds.

This in no way guarantees re-entry. You've well overstayed your six months-within-every-rolling-twelve-month period. And as I wrote before, an IO may simply say enough is enough. However, if you're articulate and polite and can back up your case with sufficient proof, s/he may give your sufficient time for you to settle your affairs.

You do not need any problems in advance of a forthcoming student visa application. One visa refusal was bad enough. And by the way, whoever informed you that there was such a thing as a one-year visitor visa clearly misadvised you. As you now well know, it's six months per stretch, and that's it!

I wish you all the best.

[DianaJDavis]

Thank you both for your advice.

I like the sound of the in-country FLR, however I am afraid that having already been in the UK over 6 out of the past 12 months, and having a denied visitor visa application, my chances for approval would not be good. Also, I have a feeling that if I applied by post (£295, which I can afford), the decision would not be made by the time my interview i.e. reason to stay had already passed. I'd be slightly more confident about an in person application, but neither do I have the £595 at my immediate disposal, nor would I (most likely) be able to get an appointment before the 14th.

I realize that I am running the gauntlet here, but I just don't feel I have any other choice, as I need to be here for that interview. Ideally, the interview would have been scheduled for before the 14th (and in fact, the initial date was on the 14th, I would've had just enough time to make it to the airport after!), but Bristol had to reschedule it for one reason or another.

I have decided that I will take my chances going to Le Havre Friday night and coming back in via Portsmouth Sunday with my boyfriend; hopefully the two of us together will strike some compassion into the heart of the IO, although he wants to take the motorbike which I think could prejudice us. I will have with me my documents from Bristol, evidence of my savings account, a letter of support from my parents and their bank statements/payslips, my boyfriend's bank statements/payslips, tickets for our flights out to Italy on May 29th for his brother's wedding, and the flights I have selected but not paid for into Toronto in June (when I will be returning home, applying for the student visa; if I don't get into Bristol it's going to have to be a fiance visa).

Any last words of advice? Are the documents above as much as I can do, or should I bring more? Also, should I tell the IO about the flight I was planning on taking on the 14th before I got the interview, or just say that I had the intention to return by mid-April and then that intention changed when I got the interview?

I used to love England so much but in the past several months it's feeling more and more like an Orwellian nightmare. And it makes me so sad; guess I had a lot more to learn than I thought.

Diana

[Nowty]

I think your playing with fire. Your very limited leave to remain is about to expire after only getting it by very good luck. And you are trying the French weekend away trick to get another 6 month stamp. My girlfriend did this (unintentially) after her only being here for 5 weeks on a 6 month stamp, and having a return air ticket leaving the UK within a week, and travelling with me and she still got the third degree.

Also if your reason to come back is for the student interview, the IO will probably say you should apply for a prospective student visa from America.

If you are serious about being together in the UK, I would head back to America and apply for the prospective student visa pronto. Even if you get a further extension and have the interview as a visitor you are still going to have to return to apply for the student visa anyway.

I reckon at best they will let you back in with about 72 hours grace to leave the UK but with another black mark on your immigration record. As has been already said you dont want another black mark at this stage.

[DianaJDavis]

I hear what you are saying, but the problem with the prospective student visa is that it requires proof of funds for the course, which I won't have until I make a loan application, which I can't do until I am accepted.

Does it make any difference that I will only be asking for leave until the end of May (when we'll be flying to Italy?)

Diana

[DianaJDavis]

Another question: if I present the return flight for the 14th right off the bat, and explain that I am willing to take it but was just trying to avoid the hassle of flying out and back again within 1-2 weeks, why would this result in a black mark if I am perfectly honest about what I am intending?

Would it be a black mark if they let me in just to catch my flight the next day?

[Mr Rusty]

Do let us know how you get on.

As my advice has been rejected I leave it to those who think your proposed trip is a good idea to answer your latter queries

[DianaJDavis]

OK guys. I have decided that even though I feel justified in getting an "extension" via France and confident in my ability to explain myself, I must submit to the (very English) notion of taking the piss. I had thought that if my boyfriend and I were together, the IO would take pity and be unlikely to separate us, but realistically the fact that I am not going back to the states like I said I would just undercuts my credibility too much.

I had stated at entry in February that, after returning to the states in April, I was planning on coming back to the UK in the end of May for bf's brother's wedding. At that time the IO told me that as long as I kept my nose clean and was able to produce all my documents and explain myself whenever I travelled, shouldn't have any problems. My main argument is that my visitor visa was refused for lack of evidence of funds (but look, see Mr. Nice IO, I have that evidence now), which is true.

So I am going home for a week or two on the flight I had originally booked, perhaps will consider a prospective student visa there but really cannot afford another refusal, would need to get a visa service or solicitor. So will most likely just return end of april with all my documents, and a stronger case being that I adhered to my original conditions of entry (returned home again) and it will then be much closer to my interview date and the flights to Italy (May 29). At least then any evidence of return flights I produce will still be credible, which they wouldn't be if I went to France.

Confident I can explain my awareness of not wanting to keep coming in as a visitor, but just needing one last visit to sort out my interview, attend the wedding, etc.

Better idea than France? Thoughts?

Diana

[DianaJDavis]

Don't know if anyone is still paying attention, but update is that I am in the states (left on time) and spoke with a solicitor (fastUKpermits.com-- any recommendations on them?) for consultation, who recommended a fiance or marriage visa but seemed to think I had a case for prospective student visa as long as I could send her proof of funds.

Maintenance:
If I go for this, my parents will be my sponsors. Their bank statements show between $1100 and $3600 balance at the end of each of the past 3 months.

My mother opened a $10,000 CD account in March which matures July 21st and which she has set aside for me. She also has $3,000 in savings.
I have loan approval for the full cost of tuition.

Accommodation:
My boyfriend is obtaining evidence of my/our ability to stay rent free in his mother's unoccupied detached studio and house (certified copy of her passport, deed, surveyor report of property). I will also provide interview letter, fee schedule, course details, etc.

What do you guys think? The course runs from September to May, and according to the IDIs for entry as a student, general living expenses outside london are around 500 pounds. Do I have a shot at the prospective student thing, or should I try to get back in with my boyfriend in time for the interview and return again to apply for a student visa outright? Are student visas more likely to be approved than prospective student visas?

Thanks for reading.

Diana