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

dingbat

Hmm. Bit more to it than that, I would think. It is very unusual for someone that young to be denied entry twice, unless his profile is flagged for something else you don't know about.

foxymel1uk

Well the first time he tried he only had a one way ticket and his financial situation was poor, then he visited the British embassy in Washington and was told if he bought a return ticket and was returning within a 3 month period he would be fine, his nan gave him more money to finance his trip in the sum of $4000 and he tried to return again 1 week later but was flagged for returning so quickly and they said they did'nt believe where he got the money from but would'nt allow him to prove his nan gave it to him and sent him right back again.

dingbat

I'll be blunt, as blunt as I would be to anyone, older male or older female, in similar circumstances. I think your best bet is to encourage this lad to get a job in his home town, start to earn an income, (why is a healthy, evidently active twenty year old unemployed?) and then re-examine his options. This is a kid; by your own admission you started this relationship with him when he was High School age. Even if you marry when he is twenty one, I would guess it will not be easy to undo the damage already done to his immigration status. His earlier attempts to enter the UK under false pretences will follow him around. His passport is flagged, as simply put, he tried to circumvent the immigration regulations. What was he planning to do in the UK, with only a one way ticket, no money and no real work experience? It really is no wonder he was denied entry to the UK the second time, given the circumstances you detailed.

foxymel1uk

By my own admission i met him when he was 19 hes nearly 21 now and he was at University not at high school, hes just finished in July and was working up until then and hasn't been able to find work since moving home, i really don't appreciate your insinuations and yes we already established he made a mistake by not getting a return ticket and not having enough money.

We are trying to find a way to right these wrongs not having someone continually just blatantly finding fault in what we already know went wrong.

If anyone else has any suggestions that would actually help us, then we would be really grateful

Thankyou

Melanie & Aaron

dingbat

You cannot "right these wrongs". His passport will not be "unflagged". It is called an adverse profile, I used to scrutinise them as they came in.

foxymel1uk

Can you please stop picking faults out of things i have said, you know exactly what i meant and why im writing on here?

We are trying to get advice has to how to get him here and how to go about getting a visa in the best way?

If you don't want to offer any constructive advice then please don't reply in this topic anymore? simple yeah?

Pollyana

I don't think Dingbat was picking fault actually, just pointing out that once flagged, his passport will also draw attention to him because of past events.
For that reason he and you may have to work harder than normal to persuade Immigration that he should be allowed entry. Look at it from their point of view - turning up with a one-way ticket and little cash, at that age.....bound to look suspicious whatever country he was entering.

Although the views so far aren't positive, they are realistic and thats what a discussion forum is for.

As this is predominantly an Expats site there isn't a great amount of info on here about actual mmigration to the UK. Other posters have referred people to www.immigrationboards.com in the past, so you may find some help there. However JAJ and a few other posters on here do have a reasonable knowledge, so hang around and try and be patient

foxymel1uk

We're quite aware that it will be more difficult, but from reading what has been out there, it isn't impossible, and we had a question that we would liked answered and as of yet no help has been offered to that means. We've read the YMS and it seems like a very viable option, and we were wondering if we should wait for the YMS, or work for a Spousal visa, we're trying very hard to do this in a very CORRECT, and purposeful fashion and are asking help, we would like that to happen, not to be told that it's going to be difficult because he's been refused before, we know that. All we ask is an answer to the question, and help with what we could do with the "more difficult" parts. If we go for YMS, what extra things might need to happen. While dingbat is obviously knowledgable, he has yet to answer our questions.

Pollyana

It may be that she can't? I don't know if she has expert UK visa knowledge. Like I said as the forum isn't designed for emigration to the UK, more for returning Expats) the actual info on here is a little sparse in that area. The other site I mentioned is specifically for UK immigration. I don't think its impossible, just unusual, and it might be a case where you would be better paying for advice. I have searched the forum for this Youth Mobiity Scheme and it hasn't even been mentioned before.

foxymel1uk

Thanks a lot, maybe he shouldn't have posted then, we'll look at the forum you recommended. Have a great day.

dingbat

I did, actually. He needs to work/complete University, establish a level of credibility in terms of his ability to support himself, and then you can either get married in the US and chance it for a spousal visa, or you go the US and chance it there. YMS is not an option - he has entry denials on file, my understanding is that this will mean automatic disqualification under the eligibility criteria.

The long term goal is for him to stay in the UK too.

http://www.bia.homeoffice.gov.uk/wor...eme/extending/

"Tier 5 does not provide a route to remain in the United Kingdom permanently. You will be expected to leave the United Kingdom when your permission to stay ends. You will not be able to switch into a different immigration category without leaving the United Kingdom."

FYI I'm a she. My OH is also considerably younger than me - so don't get your knickers in a twist over my responses. I am being honest about your chances, that's all.

Pollyana

No, I think she was right to post - you were asking for "wrongs to be righted" and she was pointing out that if what you were asking for was to unflag the passport, that wouldn't happen. You have to work forward accepting that the flags will stay

(edited to add Sorry Dingbat, our posts crossed there,and I wasn't sure wheteher you were he or she either - had just found that by searching!!)

foxymel1uk

We weren't asking that at all, we've already learned he won't be unflagged, just trying to work things out, dingbat's last post was helpful, just wish she had said that from the beginning, thanks a lot.

Dave_Was

I know people from other countries that want to visit the UK have to get a tourist/holiday visa first. Is this something that you can get from the UK Embassy in the US? I know for my wife who is an Indian national who lives in the US with me, we had to apply for a tourist visa for her, when we just wanted to go to the UK for a holiday.

Also it's going to be difficult as, he has a strong reason to stay in the UK, you, and not many ties to return back to the US. What he would really need to do is work on making his ties to the US as strong as possible, so to show that he is indeed going to go back.

Now the other option you have is to apply for a fiance visa. This would allow him to come to the UK for a time, get married and then move back to the US and apply for a spousal visa then. Again there are eligibility requirements for this.

This is a tricky spot and something that you really need to get advice on. The above is just stuff that I have read on the forums and are just some things to that may be useful.

Ask yourself, is the intention for him to move to the UK permanently or just for a visit and then take it from there.

Good luck.