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Re-entry into the UK as a visitor after a Tier 5 YM visa?

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michaelwoolford
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Re-entry into the UK as a visitor after a Tier 5 YM visa?

Post by michaelwoolford » Tue Dec 13, 2011 5:38 pm

My partner and I met when she was at the start of her tier 5 youth mobility visa. That was March 2010. She is a New Zealand national.

We have been living together since March this year, which will be 1 full year when she returns to New Zealand.

I have a few thoughts on how to move forward, including marriage. But I want to ensure i know of all the possibilities before making a decision on what route to take.

Our first thought was for her to fly home and spend time with her family for a couple of months, and then return to the UK as a visitor. I can support us both on my income (even though it would be pretty tight), we also have a couple of thousand in the bank to show if needed. Is this option possible?

We have heard from a couple of different advisors who have said two different things. One said it was possible for her to come back as a visitor. The other said we would need to wait at least 6 months otherwise she would be refused entry.

The second thought we have had, was to see out the 6 months at which point my partner would be 21, and then for us to marry in new zealand and apply for a settlement visa for her after this time.

To be honest it's all rather confusing! We would rather spend those 6 months together if possible, but due to the difference in the advice we have received it makes it difficult to know what we can and can't do. The last thing we want is to fork out the £900 odd pound to fly her over here as a visitor and then be refused entry.

Can anyone shed any light on this for us.

Much appreciated.

Michael

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Casa
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Post by Casa » Wed Dec 14, 2011 1:53 pm

What are your plans if she is granted a visitor visa? A visitor visa won't enable her to switch to a spouse settlement visa from within the UK if you marry here.
In order for a visitor visa application to succeed, your girlfriend would have to prove that she has strong ties to her home country and will return without overstaying the term on the visa. This may difficult to show, as she'll have to declare your relationship in the application.

Kitty
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Post by Kitty » Thu Dec 15, 2011 10:52 am

Note that she no longer needs to be over 21 in order to be eligible for a settlement visa.

Some options:

1. Marry in the UK and apply for leave to remain as a spouse before her current leave expires.

2. Marry in the UK or NZ, and apply for a spouse visa from NZ.

3. Travel to NZ and apply for a fiancé visa so you can return to the UK and marry here. Then apply for further leave as a spouse after the wedding.

gemtin
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Post by gemtin » Sun Dec 18, 2011 5:51 am

Hi Michael,

I'm in the same situation - I am an Australian citizen and met my boyfriend while in the UK on a Tier 5 YMS Visa, and also lived together over there for a year.

One way we've found around it for the mean time is that i've returned home to Australia, and he will be joining me on the Working Holiday Visa in OZ early next year. This will let him live and work with me here for another year rather than jumping straight into marriage etc. like you've thought about (it's a big step!).

New Zealand has a working holiday visa programme with the UK as well - maybe have a read through and see what you think? It might not be ideal but it will give you two more time to spend together and you will not have to wait and worry about the 6 month period for her to return to the UK under a visitor visa. Plus you get to see her side of the world and go on a bit of an adventure yourself!

http://www.immigration.govt.nz/migrant/ ... or you :)

gemtin
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Post by gemtin » Sun Dec 18, 2011 5:52 am

Hi Michael,

I'm in the same situation - I am an Australian citizen and met my boyfriend while in the UK on a Tier 5 YMS Visa, and also lived together over there for a year.

One way we've found around it for the mean time is that i've returned home to Australia, and he will be joining me on the Working Holiday Visa in OZ early next year. This will let him live and work with me here for another year rather than jumping straight into marriage etc. like you've thought about (it's a big step!).

New Zealand has a working holiday visa programme with the UK as well - maybe have a read through and see what you think? It might not be ideal but it will give you two more time to spend together and you will not have to wait and worry about the 6 month period for her to return to the UK under a visitor visa. Plus you get to see her side of the world and go on a bit of an adventure yourself!

http://www.immigration.govt.nz/migrant/ ... scheme.htm

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Casa
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Post by Casa » Sun Dec 18, 2011 4:29 pm

Helpful advice Gemtin. Thank you and welcome to the forum :wink:

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