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can my boyfriend ever come back to UK?

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klara
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Joined: Wed Sep 27, 2006 10:48 pm

can my boyfriend ever come back to UK?

Post by klara » Wed Sep 27, 2006 11:43 pm

I am a UK citizen and my boyfriend is from the Caribbean.
He came to the UK the first time in 2001 when we met and applied to switch to student.
He waited a long time for his passport to come back and eventually went to the HO where he was told that his passport has been sent back some time ago and in any case his application was refused and he should leave within 28 days.
The reason for the refusal was that they have not recieved comfirmation from the college that he was attending and in fact the College has shut down by this time.
He got a paper from his embassy and left the UK within 2 weeks at the end of 2002.

Eventually his passport turned up having been lost in the post and I sent it on to him. There was a small line put in the passport by the HO

I have visited him once a year since then, not an ideal situation.
My question is will he ever be able to return to Uk ideally as a student?

Returnability; he does not have savings but is working regularly and has two sons, one of them over 21yr old though.
All we want for now is to be able to spend some time together as my visits are too short because of work commitments.

He does not normally need a visa to come here but as he has this 'immigration history' what are the chances of him being able to come into the country?

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Sep 28, 2006 8:37 am

My question is will he ever be able to return to Uk ideally as a student?

Returnability; he does not have savings
If he wanted to return as a student, how would the course be paid for? What sort of course would he be wanting to do? And have you any idea how much that course would cost?
John

klara
Newly Registered
Posts: 5
Joined: Wed Sep 27, 2006 10:48 pm

can my boyfriend ever come back to UK?

Post by klara » Fri Sep 29, 2006 2:53 pm

Thank you for your reply.

My friend has an interest in studying repairing and assembling computers and there are some courses available at reasonable cost I know he can afford.

But I would very much like him to come for a visit at first and I would like to know if this line that was in his passport (which is now expired) would mean that he could possibly be not let in as a visitor, if it would be advisable to apply for entry clearance first even though he is not a visa national.

He will have to put on the entry form that he has been turned down for a visa before as his student visa was turned down but what should he say to the question if he has been removed, I don't know if being given 28 days to leave constitutes a removal.

We just want to be able to spend more time together until in a couple of years when my child will be 21yr old and hopefully self supporting and I will be able to spend a lot more time with him in his country.

Thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Sep 29, 2006 3:10 pm

A computer course .... is the provider of that course on the Register .... as per this DfES webpage.

I ask because as it says on the webpage, at the very end :-
From 1 January 2005, the Home Office will not grant leave to enter or remain in the UK as a student, or leave to study to an overseas student national wishing to attend a course of study at a provider not on the Register.
If the training provider is not on the Register ..... a student visa ... forget it!

A visitor visa for someone who has previously overstayed? Let's put it this way ... what convincing "reason to return" would be given ... that the ECO looking at the visitor visa application would believe?
John

klara
Newly Registered
Posts: 5
Joined: Wed Sep 27, 2006 10:48 pm

can my boyfriend ever come back to UK?

Post by klara » Fri Sep 29, 2006 4:03 pm

I realise that if he had overstayed he has no chance of a visitors visa or a student visa (or does he?)

But I did not think he was an overstayer as when he applied for the student visa he was here legally as a visitor and in a category that allowed him to switch.
He went to HO office to inquire after his passport, was told verbally to leave within 28 days which he did and his passport turned up here months after he left, with the refusal. So he certainly did not knowingly overstay.

John, is he really an overstayer?

To answer your question on returnability he is working and is partner in a small company, has 2 sons, no significant savings but a reasonable income, and has part ownership with his sister in the house he lives in as well as an other house. He does genuinly intend to return. He only wants to come here to spend a few months with me once a year until I am free to spend more time over there.

Thank you

klara
Newly Registered
Posts: 5
Joined: Wed Sep 27, 2006 10:48 pm

can my boyfriend ever come back to UK?

Post by klara » Fri Sep 29, 2006 4:12 pm

Just wanted to add thanks for the link to the register and the college we were considering is there.

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