Unsure on which visa to apply for after being refused entry

[canadianblueyes]

OK, new here and hope that I'm not double posting, but have searched for this topic and can't quite find a similar situation to mine. So if I have, please send me to where I can find the answers.

Ok, so I'm a canadian, and my boyfriend is English. We met online in 2006, I visited for 2 weeks in 2006, and then I went for 3 weeks in 2007 and turned into 5 months. He visited Canada about 5 times before he got a working holiday visa to stay.

My bf came to canada in 2008 and lived with me for 3 years. I got a visa to work in Ireland. I came over in Aug, and had a 1 hour stop between flights from heathrow to Dublin. My bf had gone home about a week before i did so he could visit family before meeting me in Dublin.

However, I was stopped at Heathrow, and detained. They basically told me that they didnt think I had any intentions of going to Ireland, and was using it as a back door to get into the UK. I was sent home. I wasnt given any form to appeal, and the immigration officer told me ( as I was in tears) That i wasnt banned, but had to apply for entry.

When I got home, I booked a direct flight to Dublin.I have been in Ireland since the end of august, and would like to visit the UK. Not only to see my bf's family, but wanted to travel to Scotland and Wales...for actual travel. Also, my mom is coming over in May, and we want to transit thru London to go to Greece.

I went to the British Embassy, to see what I needed to do to get entry clearance.

I have no idea what I need to apply for....Transit visa, spousal visa, visitor visa???

Do we apply for the EEA family permit??

I just dont want to send them a payment if I have no chance, or its the wrong visa??

Any help would be greatly appreciated.

[SSEF]

OK, new here and hope that I'm not double posting, but have searched for this topic and can't quite find a similar situation to mine. So if I have, please send me to where I can find the answers.

Ok, so I'm a canadian, and my boyfriend is English. We met online in 2006, I visited for 2 weeks in 2006, and then I went for 3 weeks in 2007 and turned into 5 months. He visited Canada about 5 times before he got a working holiday visa to stay.

My bf came to canada in 2008 and lived with me for 3 years. I got a visa to work in Ireland. I came over in Aug, and had a 1 hour stop between flights from heathrow to Dublin. My bf had gone home about a week before i did so he could visit family before meeting me in Dublin.

However, I was stopped at Heathrow, and detained. They basically told me that they didnt think I had any intentions of going to Ireland, and was using it as a back door to get into the UK. I was sent home. I wasnt given any form to appeal, and the immigration officer told me ( as I was in tears) That i wasnt banned, but had to apply for entry.

When I got home, I booked a direct flight to Dublin.I have been in Ireland since the end of august, and would like to visit the UK. Not only to see my bf's family, but wanted to travel to Scotland and Wales...for actual travel. Also, my mom is coming over in May, and we want to transit thru London to go to Greece.

I went to the British Embassy, to see what I needed to do to get entry clearance.

I have no idea what I need to apply for....Transit visa, spousal visa, visitor visa???

Do we apply for the EEA family permit??

I just dont want to send them a payment if I have no chance, or its the wrong visa??

Any help would be greatly appreciated.

He's English so an EEA family permit is not an option since he is English, resides in England and falls under British immigration laws, so no chance for that one - unless he moves to Ireland and works for six months then there is a possiblity because he will be exercising his rights under EU free movement rights...

I can fully understand the IOs suspicions since you flew via the UK and not direct to Ireland (sorry but I can) which would have been the easist option (which you took second time around) and you had previously been here for a long period of time with your boyfriend and Im not sure what jobs you had lined up in Ireland to actually show you actually meant to travel there.

A visitors visa is your best option, but the fact you were turned away may cause problems - its up to you to show evidence that you have a life in Eire.

You may want to look at your timings, if your boyfriend went to Canada in 2008 and you went to Eire in August 2010 then there is no way you lived together in Canada together for 3 years...I no mathamatician but that does not add up to 3 years, it doesnt even make 2 years....

Oh amd why on earth you want to visit Scotland and Wales when you are in Ireland is beyond me...Ireland is the most beautiful country in the world go and discover what it has to offer - you wont be dissapointed the beaches are to die for and the countryside is breathtaking!

[wf]

It is very unlikely you will pass through any immigration checks when going to the UK, and are permitted a 6 month vitor visa so I can't see how you will have any problems.

Due to the Common Travel area once permitted to enter Ireland you effectively have permission to enter the UK without further immigration checks.

[canadianblueyes]

Ok so he moved to Canada in 2008 which would be (sorry) 2 years and 7 months. He has lived with me in Ireland since we both got here at the end of august...and yes working. So exercising his treaty rights would be an option right??? Also the reason I went thru the UK in because coming from Vancouver there are no direct flights to Dublin, there is a stop over in Heathrow, or Chicago. The visa program I went thru makes you purchase your flight and insurance at the time you get your visa, so most people just take the cheapest option. i also didn't think there would be an issue, as I had proof of funds, accommodation, and a visa for Ireland. Not only that, I had a connecting flight within a hour, and wasn't even leaving the terminal. So when I cme back over the second time...I flew to Toronto, then to Dublin.

Also, knowing other Canadians and Aussies living and working in Ireland, i know that there is No open border, and they DO check your passport on arrival to the UK.

[geriatrix]

If you wish to only "visit" UK, then I don't think you can apply for a EEA family permit (if you are eligible for one) from British authorities.

However if a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK.

Instead, you will need to apply for (EEA) residence card from Irish authorities as an (extended) family member of a British citizen residing and exercising treaty rights in Ireland. Once issued, you may then use the same to enter UK along with your boyfriend.

Alternatively, you may apply for entry clearance as a visitor.

regards

[wf]

Also, knowing other Canadians and Aussies living and working in Ireland, i know that there is No open border, and they DO check your passport on arrival to the UK.

No they don't.

Flights between UK and Ireland are basically treated as domestic flights by the UK, although Irish authorities usually do passport checks.

I flew Dublin to Gatwick last year and at immigration was specifically directed to the dedicated queue for arrivals from Ireland where there was no passport checks.

If you need further proof:

http://www.ukba.homeoffice.gov.uk/trave ... ravelarea/

The common travel area (CTA) is a 'free movement' area comprising the UK, the Republic of Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man.

The UK makes no routine immigration checks on passenger travel within the CTA, and passengers are not required to carry a passport or national identity document for immigration purposes.

http://www.ukvisas.gov.uk/en/ecg/commontravelarea

Paragraph 15 of the Immigration Rules states that the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form a common travel area. A person who has been examined for the purpose of immigration control at the point at which he entered the area does not normally require leave to enter any other part of it

You may however run into problems if you transit through the UK when returning from a trip through Europe.

[geriatrix]

See also 2.3. Persons without leave who have previously been refused leave to enter.


regards