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urgent american visitor question

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Joelm2400
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Joined: Tue Oct 27, 2009 3:57 pm

urgent american visitor question

Post by Joelm2400 » Mon Feb 08, 2010 7:15 am

Hello all,

Hopefully this will be an easy one. I was in the UK to visit during/after my divorce (long story of course) and while there I met someone special. I was there from May 2009 to November 2009. I was sure to leave a couple weeks before my visitors stamp expired.

For my birthday my mother surprised me with a ticket to go visit her in the UK for a couple weeks leaving on the 17th of Feb.

Here is my question. Will I have any problems going through customs because of my previous stay in the UK or will it just be a quick stamp and off I go? I will of course have a ticket to return here to the states in my possession when going through the border.

Any help/advice you can give will be greatly appreciated.

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

Post by Wanderer » Mon Feb 08, 2010 7:37 am

The rule is six months in every twelve on visit visa or visa waiver.
An chéad stad eile Stáisiún Uí Chonghaile....

Joelm2400
Newly Registered
Posts: 23
Joined: Tue Oct 27, 2009 3:57 pm

Post by Joelm2400 » Mon Feb 08, 2010 7:58 am

I'm a bit confused. I looked all over the UK immigration rules and didn't find this at all. And if its a 2 week stay when i was a week short of 6 months what happens then?

Thanks again

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

Post by Wanderer » Mon Feb 08, 2010 8:18 am

Joelm2400 wrote:I'm a bit confused. I looked all over the UK immigration rules and didn't find this at all. And if its a 2 week stay when i was a week short of 6 months what happens then?

Thanks again
It's in the IDI's - kind of guidance notes for IO's - I've posted the link before, can't find it now, not at home.

U should be ok if it's a week short but I'd imagine the IO will grill you if he stops you to trip you up!

Might be wise to formally apply for a visa for two weeks to avoid any trouble.
An chéad stad eile Stáisiún Uí Chonghaile....

Joelm2400
Newly Registered
Posts: 23
Joined: Tue Oct 27, 2009 3:57 pm

Post by Joelm2400 » Mon Feb 08, 2010 8:31 am

Isn't it a bit too late to apply for a visa at this point for visiting? I'm also concerned because I am currently unemployed and don't really have much money. I will be staying with a friend who will be covering everything (not much to cover really just food and a place to stay). I doubt I would qualify on what I have for a visa.

Luckily tickets haven't been bought yet, but needless to say it would be absolutely heartbreaking to not be able to see my significant other. But it wouldn't be as bad as being denied entry and figuring out how to get back.

Any further ideas and guidance would be a huge help.

Also on a similar side question. How do they keep track of when I left the country last time? I may be regretting that I asked for a stamp when going through on the US side when I got back.

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Mon Feb 08, 2010 2:11 pm

You may have problems re-entering, you may not. I agree with Wanderer, get yourself an optional visa and you should be fine.

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Mon Feb 08, 2010 6:51 pm

Joelm2400 wrote:Isn't it a bit too late to apply for a visa at this point for visiting? I'm also concerned because I am currently unemployed and don't really have much money. I will be staying with a friend who will be covering everything (not much to cover really just food and a place to stay). I doubt I would qualify on what I have for a visa.

Luckily tickets haven't been bought yet, but needless to say it would be absolutely heartbreaking to not be able to see my significant other. But it wouldn't be as bad as being denied entry and figuring out how to get back.

Any further ideas and guidance would be a huge help.

Also on a similar side question. How do they keep track of when I left the country last time? I may be regretting that I asked for a stamp when going through on the US side when I got back.
If you are not employed, are you studying? do you have any property in the us? You have to show some ties or entry refusal is very likely.
I tell it like it is.

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Tue Feb 09, 2010 4:38 am

You have recently spent almost 6 months in the UK
You are unemployed and have few resources
Your mother lives in the UK, and has provided you with a ticket to return to the UK.
You have embarked on a relationship with somebody in the UK.

If this combination of circumstances comes to light you are almost certain to be refused entry to the UK, unless you can produce concrete evidence of planned activity in the USA after a short visit.

The Station Agent
Senior Member
Posts: 623
Joined: Wed Jan 21, 2009 10:51 am
Location: UK
United Kingdom

Post by The Station Agent » Tue Feb 09, 2010 2:14 pm

I think you have more likelihood of being refused a visa (if you apply for one) than being refused entry at the port if you just flew without a visa. This is because the consulates seem dead set on refusing any applications they can refuse, whereas at the ports they're only really looking for problem people (not everyone).

The 6 months in 12 months thing is not a hard and fast rule, it is not always applied.

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

Post by Wanderer » Tue Feb 09, 2010 2:59 pm

The Station Agent wrote:I think you have more likelihood of being refused a visa (if you apply for one) than being refused entry at the port if you just flew without a visa. This is because the consulates seem dead set on refusing any applications they can refuse, whereas at the ports they're only really looking for problem people (not everyone).

The 6 months in 12 months thing is not a hard and fast rule, it is not always applied.
But get bounced and it's likely deemed as deception and then spouse visa goes up in smoke....
An chéad stad eile Stáisiún Uí Chonghaile....

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Feb 09, 2010 3:03 pm

Wanderer wrote:
The Station Agent wrote:I think you have more likelihood of being refused a visa (if you apply for one) than being refused entry at the port if you just flew without a visa. This is because the consulates seem dead set on refusing any applications they can refuse, whereas at the ports they're only really looking for problem people (not everyone).

The 6 months in 12 months thing is not a hard and fast rule, it is not always applied.
But get bounced and it's likely deemed as deception and then spouse visa goes up in smoke....
Yep wouldn't risk it.
I tell it like it is.

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