Confused and need help please :(

[foxymel1uk]

My American Citizen boyfriend was denied entry to the UK on 2 seperate occasions because they thought he was here looking for work and not just to visit myself and friends for a holiday, i have just arrived back in the UK from visiting him and his family in the USA, i would love for him to visit here, but hes scared to try again because of the financial hardship it caused on him when he tried last time and wasted money on plane fares etc, what would be the best course of action to take to allow him to visit the UK again. Before his second visit he did visit the British Embassey in Washington and did all they told him to before he came again and he was still denied access, all he wanted to do is come here for a holiday but hes scared to travel anywhere now because of the black marks on his passport, could you please advise us has to the correct procedure we need to take to stop him being denied access a further time.
We have been considering getting married in the USA has we got engaged when i visited him but the time frame is difficult because of the fact he isnt 21 until next year, the other option is to try for the Youth Mobility Scheme or maybe just try and get entry clearance before he comes to visit again?
We just want to know which path would be best to take due to his past denied entries, if we wait for the Youth Mobility Scheme and USA isnt one of the agreed countries to participate we risk losing the chance of getting the spousal visa because of the age limit rising?

Points that may be against us applying for a visa:

1. There is an age gap my boyfriend is 20 and im 38
2. It started out has an internet relationship but has been on going for 18 months
3. He's not working at the moment but could get the finances required for the Youth Mobility Scheme, his family are prepared to finance him £1600
5. His past refused entries into the UK

Points that are maybe good for us?

1. We are very much in love and have proof of our 18 month relationship, emails. letters, pictures from my recent visit there.
2. We have the support from our familys and they would be willing to write letters saying they support the marriage
3. I own my house so have accomodation for us to both to stay in.
4. My bank account is in good condition, hasn't ever been in the red.
5. My boyfriend seems to meet all the requirements for the Youth Mobility Scheme.

Sorry for writing so much, we are just desperate to be together and will do anything it takes to achieve this, its just knowing what to do next and this is the really hard part and its leaving us so confused and sad sad.gif

Do you think we need to seek legal representaton for this case, well for which ever path we choose to follow?

Thanks all for taking time to read this post.

Melanie & Aaron

[UKBAbble]

I would caution against paying for a legal representative. It won't help and will just cost money. I would suggest he applies for an optional entry clearance. Entry clearance officers in the USA are less cynical than the IOs at the airport and in my experience often issue even after one or two credibility refusals. It's really the only sensible course of action.

[sakura]

What is he doing in the US - is he a student or in employment?

[foxymel1uk]

He finished University in June and was working up until then, but has been unable to find a job in his hometown once returning from Uni

[paulp]

Did your bf get entry clearance on his last attempt to get into the UK?

[foxymel1uk]

no he didn't
The first attempt he was sent back because they said he didnt have enough finances and they thought he was coming here to work
Second attempt he got denied because his grandmother loaned him $4000 to finance his trip and they said they didnt believe how he accumalated so much money in 1 week but they wouldnt allow him to prove his nan gave him the money for his trip so again they said he wanted to come here for work when work was the last thing on his mind

[paulp]

It'll probably be a good idea to apply for entry clearance before he tries to come to the UK again. However, the sudden appearance of a big lump sum into his bank account (was the money paid into his a/c or held as cash) may raise suspicion for EC.

Can't he get a job somewhere for a few months to strengthen his case?

If he satisfies the YMS, it may be the way to go. I checked the website and I've seen a few contradictions here and there in the other categories. I guess it will all settle down in the next few months.

[sakura]

He finished University in June and was working up until then, but has been unable to find a job in his hometown once returning from Uni

He's 20 and has already finished university? Or do you mean he completed an Associate's Degree (which is 2 years, rather than the four year system most common in the US)?

[Casa]

The US haven't bought into the YMS scheme yet, and may not participate unless they agree to offer a reciprocal scheme.
You may have to wait until he reaches 21 unless you are able to marry and apply for the spouse visa before the new regulations are in force raising the qualifying age from 18 to 21. It will be the same situation with the fiance visa. The ECO may also decide that one visit in 18 months from the start of the internet relationship isn't sufficient. Although you can obviously argue that he tried to visit but was refused.

[rachprocter4]

He came for a holiday, and they asked to see a bank statement??

[foxymel1uk]

No he only showed them this the second time around because the first denied entry was because of insufficient funds so they thought he was coming here to look for work.