URGENT HELP PLEASE,GIRLFRIEND SENT BACK TO USA

[mikeouk]

first of all, thanks in advance for any advice on our situation.
My girlfriend is a us citizen and she came to the uk in the middle of july for a 5 and a half month visit, she brought with her proof of savings,a letter from me saying she would be staying with me and proof of her return flight on the 5th of january 2009, the immigration officer at manchester was fine and stamped her passport. the intention of the visit was for her to see some of the uk and also to see if we wanted to move our relationship on to another level. We decided to take a trip to turkey and arrived back at manchester at 4am yesterday morning, my girlfriend was stopped at border control and kept for 6 and a half hours, she was quized by a femail officer, had her bag searched, was left on her own in a room and then told they were giving her until this wednesday to get her belongings and she was being booked on a flight back to the usa, she had her passport taken from her and will get it back when she checks in on wednesday morning. The officer who delt with her was abrupt and said that she didnt beleve my girlfriend was intending to leave in january, which is total rubbish. Our intention was to see how things went and then look at getting a fiance visa if she decided to come back.
I realise its a slim chance but is there anywhere we can go to get this decision overturned, my girlfriend is totaly humilitated by the way she was treated and upset at the unjustness of the whole thing.
How can she be given permission in july to stay until january and then just because we went out of the country have that taken away?
If there is nothing we can do in this instance, what is the quickest route to getting her back on a fiance visa? is it best to apply ourselves our get a visa company to do it? will the fact shes being sent home go as a black mark against us getting a fiance visa?
any advice would be appreciated, this has totaly sickened both of us and im disgusted in the way she was treated.

[UKBAbble]

It's difficult without knowing the facts of the case. As a non-visa national her 6 months leave to enter expired as soon as she left and she needed to seek entry again. I assume the IO didn't find any evidence that she was working or had given up her job/accommodation at home. You could always engage a solicitor to seek a judicial review of the case. Once they obtain a Crown Office reference number removal would be suspended.

[mikeouk]

It's difficult without knowing the facts of the case. As a non-visa national her 6 months leave to enter expired as soon as she left and she needed to seek entry again. I assume the IO didn't find any evidence that she was working or had given up her job/accommodation at home. You could always engage a solicitor to seek a judicial review of the case. Once they obtain a Crown Office reference number removal would be suspended.

no, there is certainly no evidence of her working, she gave up her job before she came here because she knew it was going to be for 5 and a half months and she was living with her parents before she came. I have spoken to immigration today and asked why it took so long to come to a dicission and they said it wouldnt have normaly taken so long but the officer over seeing the case had to deal with other incoming flights, so basicly admitting they were understaffed but checking people through border control takes priority over someone who has had no sleep and they think its acceptable to leave her in a room for hours on end inbetween being questioned about intimate aspects of her and also my life.
The whole thing just makes me realise what a joke this country is

[macaroni]

It's difficult without knowing the facts of the case. As a non-visa national her 6 months leave to enter expired as soon as she left and she needed to seek entry again. I assume the IO didn't find any evidence that she was working or had given up her job/accommodation at home. You could always engage a solicitor to seek a judicial review of the case. Once they obtain a Crown Office reference number removal would be suspended.

no, there is certainly no evidence of her working, she gave up her job before she came here because she knew it was going to be for 5 and a half months and she was living with her parents before she came. I have spoken to immigration today and asked why it took so long to come to a dicission and they said it wouldnt have normaly taken so long but the officer over seeing the case had to deal with other incoming flights, so basicly admitting they were understaffed but checking people through border control takes priority over someone who has had no sleep and they think its acceptable to leave her in a room for hours on end inbetween being questioned about intimate aspects of her and also my life.
The whole thing just makes me realise what a joke this country is

Check your messages mike.

[sakura]

no, there is certainly no evidence of her working, she gave up her job before she came here because she knew it was going to be for 5 and a half months and she was living with her parents before she came. I have spoken to immigration today and asked why it took so long to come to a dicission and they said it wouldnt have normaly taken so long but the officer over seeing the case had to deal with other incoming flights, so basicly admitting they were understaffed but checking people through border control takes priority over someone who has had no sleep and they think its acceptable to leave her in a room for hours on end inbetween being questioned about intimate aspects of her and also my life.
The whole thing just makes me realise what a joke this country is

For every country, a visitor is permitted entry based on the assumption/evidence that the entrant will leave the country once/before their leave is up - i.e. that one has significant ties to one's country for which one has to return home. I don't know whether or not she mentioned that she gave up her employment to the immigration officers?

If she did indeed mention this point (i.e. no job and no home), along with the fact that she is staying with her boyfriend, then, based on the evidence, in my view, the immigration officer can rightly assume that she is seeking to 'settle' on a tourist visa and therefore deny her entry. (Of course this is based on how much information she provided them.) I believe that if she left the country and wishes to re-enter, she is seeking new leave to remain and therefore must meet all the requirements again.

As to how she was treated, you should lodge a complaint about how long the whole procedure took, especially if she was not informed about anything and/or that the IO had other things to attend to.

[INSIDER]

Mike,

Sorry to hear of your problems.

However, I can assure you that six hours is not long for a decision to be made on a case. Especially if it happened to be a busy day. Often the IO has to undertake a lot of enquiries including interviews. In fact you and your g/f should count yourselves lucky that [1]she wasn't removed the same day and [2] She wasn't removed to Turkey[presumably].

[UKBAbble]

Mike,

Sorry to hear of your problems.

However, I can assure you that six hours is not long for a decision to be made on a case. Especially if it happened to be a busy day. Often the IO has to undertake a lot of enquiries including interviews. In fact you and your g/f should count yourselves lucky that [1]she wasn't removed the same day and [2] She wasn't removed to Turkey[presumably].

Especially as you arrived at 4am. There is only minimal staffing through the night.