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Marriage | Unmarried Partners | Fiancé | Ancestry

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UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

help with entry

Post by UberKrieger » Wed Jul 11, 2007 5:05 pm

My wife has previously entered the UK on 2 occasions. On these 2 occasions she was given a 6 month entry stamps, I hear that these stamps are given as a warning and she was told that she cannot receive one more of these stamps.

She applied for a Working HolidayMaker visa and was denied because she did not have enough funds.

Would she be allowed to enter the UK if she has;

Enough Funds
A Return Ticket within 6 months


I live in my own apartment and will be providing accommodation for my wife while she stays over. I will be with her when she crosses into the UK so I can explain the situation. Our situation is; We want to apply for her to get a Settlement Visa in the UK and she wants to stay over with me for some time before we apply for the Visa.

Is it likely that she will be allowed into the UK? What happens if she is denied entry?

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Thu Jul 12, 2007 12:32 am

Why not apply for a spouse visa?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 1:55 am

I need to save up money to get the visa anyway, and while i'm doing so she'd like to be in the UK with me. I thought a Settlement was a spouse visa?

She wants to live indefinitely with me in the UK, how does a Spouse Visa differ to a Settlement?

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: help with entry

Post by JAJ » Thu Jul 12, 2007 2:36 am

UberKrieger wrote:I live in my own apartment and will be providing accommodation for my wife while she stays over. I will be with her when she crosses into the UK so I can explain the situation. Our situation is; We want to apply for her to get a Settlement Visa in the UK and she wants to stay over with me for some time before we apply for the Visa.
Even if she gets into the UK, she will not be allowed to switch to a spouse visa "in-country". She will need to go home and apply from there.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 3:00 am

We know that we have to apply for it in Ottawa,

But is it likely she will be allowed to stay with me in England having been denied a visa?

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Thu Jul 12, 2007 3:01 am

UberKrieger wrote:We know that we have to apply for it in Ottawa,

But is it likely she will be allowed to stay with me in England having been denied a visa?
Being denied a working holiday visa is not a basis for denial of a spouse visa.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 3:36 am

Will she be allowed to visit me in the UK while I save up for the Settlement Visa?

Or will this denial of the visa her deny her entry?

limey
Member
Posts: 167
Joined: Fri Mar 09, 2007 7:33 pm
Location: France

Post by limey » Thu Jul 12, 2007 9:44 am

Are you British?

Do u have citizenship of any other EU country? If so, then you could use the EEA Family Permit route which is FREE!

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 5:09 pm

I am a British Citizen, yes. My wife is a Canadian Citizen

Can I still get it?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Jul 12, 2007 5:23 pm

UberKrieger wrote:Will she be allowed to visit me in the UK while I save up for the Settlement Visa?

Or will this denial of the visa her deny her entry?
Surely the cost of a flight is more than the cost of the spouse visa!

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Jul 12, 2007 5:23 pm

UberKrieger wrote:I am a British Citizen, yes. My wife is a Canadian Citizen

Can I still get it?
Not the EEA Family Permit if that's what you mean.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 5:38 pm

I can get cheap flights there and back for $350 CAD for her.

Why can she not come live with me on a EEA Family Permit?

I read some of this

''An EEA family permit is a form of entry clearance that we give free of charge so that members of your family who are not EEA nationals can travel with you or join you in the UK. ''

limey
Member
Posts: 167
Joined: Fri Mar 09, 2007 7:33 pm
Location: France

Post by limey » Thu Jul 12, 2007 5:54 pm

Uber: If you are British and go and live in another EEA/EU country then you can apply for an EEA Family Permit. Also, the EEA Family Permits are normally a formality except for Ireland and one or two other countries which are not applying the EU/EEA freedom of movement rules correctly.

But as you are British and want to live in Britain then you will have to apply for the spouse visa for which there is a charge.

I asked if you have citizenship of any other EU country because of your Germam sounding username.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 6:01 pm

Okay, if i'm British and I live in another EU country. How long must I live there before I can apply? and can I return to the UK afterwards and apply?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Jul 12, 2007 6:09 pm

UberKrieger wrote:Okay, if i'm British and I live in another EU country. How long must I live there before I can apply? and can I return to the UK afterwards and apply?
Ur gf must live in the EU country too you know.

limey
Member
Posts: 167
Joined: Fri Mar 09, 2007 7:33 pm
Location: France

Post by limey » Thu Jul 12, 2007 6:14 pm

Uber: Have a look thru the posts here as I read of one case where a couple went to France on holiday from the UK and got the EEA stamp in the spouses passport and then came back to the UK after a few days!

Maybe someone here with more knowledge of this can tell you more.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Thu Jul 12, 2007 6:19 pm

I need to accept that there is not going to be an easy way for me and my wife to be together. We'll have to go for the $1200 Settlement, thanks for all your help anyways :(

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