# Planning to enter UK on fiance visa - ADVICE NEEDED



## jessicabythebay (Oct 10, 2010)

Hi all,

Nice to meet you. I am new to the forum. My name is Jessica and I currently reside and am employed in the San Francisco Bay Area. I am a US citizen. I am hoping, in a few months' time, to enter the UK on a fiance visa. My partner is also my coworker (we have an office here and a smaller office in the UK) and he is British. When I enter the UK, assuming I am granted the visa, I will no longer be employed by my current company, since fiances are not allowed to work until after the marriage has taken place and a further visa has been applied for, and work restrictions have been lifted. All of that is fine -- when the fiance visa is applied for we will have no problem supplying the necessary financial and other evidence that is required. I just want to explain my situation to give some context to the questions I have.

I guess I am a little nervous and looking for someone to put me at ease if possible. Prior to applying for the fiance visa, I am flying to the UK at the end of October for a holiday (and departing mid-November), and I want some reassurance that I shouldn't have any trouble with immigration control when I arrive. In 2005, when I was a very naive 18 year old, I was denied entry into the UK. At the time I was not planning to overstay etc. (I was a student on a holiday break), but I was unable to convince them of that and thus was denied entry. I had stupidly entered on a one-way ticket because I was pricing the tickets on student websites and it seemed two one-way tickets would be cheaper than a round-trip, and I wasn't sure if I wanted to stay for a period of a couple of weeks or for the entire break. Ignorance is not an excuse, but I didn't realize at the time that this would get me in any kind of trouble; I have certainly been schooled since. 

Subsequently I applied for and received a visit visa lasting six months and I have entered the UK successfully on multiple occasions, both during the time the visit visa was active and since it has expired (the most recent time being May of this year). I contacted the consulate in Chicago (which was the one nearest where I lived at the time) prior to my visit visa expiring to clarify whether or not I would always need a visit visa going forward, and I was told that as long as I was able to enter successfully on the visa, going forward I would no longer have to apply for one for short stays. That has turned out to be accurate and I have not been given any problems since (thankfully), either in the UK or elsewhere.

Nevertheless, because of what happened in 2005 I am always a bit nervous before I fly to the UK. It is probably an irrational feeling that won't abate until I am told that I won't have to deal with it anymore, or I am successfully granted indefinite leave to remain after going through the proper legal channels beginning with the fiance visa. I would NEVER, repeat, NEVER try to overstay or do anything else that is illegal. I am aware that doing so would be extremely damaging because I would probably not be able to leave the UK and re-enter ever again, and being an illegal in the UK would mean that I would never be able to return to my home country and my family and friends here without incurring a lot of problems. I am definitely someone who is committed to making sure I follow the process correctly and provide immigration control with whatever they require from me. 

I guess after all of this my question is this -- is there ever a point at which they stop questioning someone about a time they were denied entry or it becomes irrelevant? Or will I always be questioned on entry (and of course, will this cause problems when I apply for the fiance visa later on)? Is it normal for someone to randomly be denied entry just because they have been before, even though they have legally entered on subsequent occasions (probably my biggest fear)? I don't mind being questioned as a routine matter but I don't want to feel that this old situation continues to hover over me.

(con't. due to space restrictions...I am just too verbose I guess...)


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## jessicabythebay (Oct 10, 2010)

In May, as with all other times, I was questioned about the denial and the reasons for it, which I explained to the best of my ability. The immigration control officer had me wait a few minutes while she went to speak with someone else, but then let me enter, no problem. During the time I was waiting, another passenger on my flight from San Francisco struck up a conversation with me because he was in the same situation. He explained the reasons for his previous denial, which were more complicated and serious than mine, and then he too was allowed to go without problem. At baggage claim, I saw him again and he told me that he was told by the officer who dealt with him that he would not have to worry about being questioned about his denial anymore (his happened after mine, maybe in 2006 or 2007, and I believe he involved lawyers in his situation). Is that normal after a certain period of time has elapsed or is it completely arbitrary? Can I ever expect that to happen or will my situation continue to raise questions? 

Apologies for the length of this but I thought a forum like this would be the best place to seek advice about my concerns. Many thanks for your patience in answering my questions and welcoming me here. 

Jessica


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## Joppa (Sep 7, 2009)

jessicabythebay said:


> In May, as with all other times, I was questioned about the denial and the reasons for it, which I explained to the best of my ability. The immigration control officer had me wait a few minutes while she went to speak with someone else, but then let me enter, no problem. During the time I was waiting, another passenger on my flight from San Francisco struck up a conversation with me because he was in the same situation. He explained the reasons for his previous denial, which were more complicated and serious than mine, and then he too was allowed to go without problem. At baggage claim, I saw him again and he told me that he was told by the officer who dealt with him that he would not have to worry about being questioned about his denial anymore (his happened after mine, maybe in 2006 or 2007, and I believe he involved lawyers in his situation). Is that normal after a certain period of time has elapsed or is it completely arbitrary? Can I ever expect that to happen or will my situation continue to raise questions?
> 
> Apologies for the length of this but I thought a forum like this would be the best place to seek advice about my concerns. Many thanks for your patience in answering my questions and welcoming me here.


Well, you will have to declare your previous denial of entry when you apply for your fiancée visa, as it's on the application form. Whether the consulate will take any notice of it is another matter, but in view of your subsequent smooth passages into UK, I wouldn't have thought so. 

There is no stipulated time frame after which an immigration offence or incidence is disregarded - it's at the discretion of the officer examining you. If there is clearly no longer any relevance between previous denial and your current situation, then disregard is a likely outcome. Since your past offence is electronically recorded and will come up every time you pass through UK borders (when your passport is scanned) and at every visa application, you just have to be prepared to explain yourself. With passing years, it will become less and less common. I believe the Border Agency can annotate your entry in such a way that you are no longer flagged up for special attention.


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## ladyliberty (Oct 6, 2010)

jessicabythebay said:


> I guess after all of this my question is this -- is there ever a point at which they stop questioning someone about a time they were denied entry or it becomes irrelevant? Or will I always be questioned on entry (and of course, will this cause problems when I apply for the fiance visa later on)? Is it normal for someone to randomly be denied entry just because they have been before, even though they have legally entered on subsequent occasions (probably my biggest fear)? I don't mind being questioned as a routine matter but I don't want to feel that this old situation continues to hover over me.


As Joffa said, there is no set time when your prior immigration issues will be ignored. A IO can question you about anything related to your immigration history at any time of entry. However, if I understand your timeline correctly, you were granted a visitors visa after you overstayed, so I wouldnt imagine there will be an issue with your fiance visa application as long as you can supply the necessary supporting documents required for this type of application. However, do expect to wait longer for a decision as your application is no longer considered "straightforward". 

Also, dont worry - it is not normal at all for someone to be "randomly" refused entry just because of a prior refusal. Once you have your fiance visa, as long as you remain within the constraints of the visa and do not overstay (and marry within the 6 months) you should not have any reason to be concerned about being refused entry, but that doesn't mean you will never again be asked about your immigration history.


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## jessicabythebay (Oct 10, 2010)

Hi both,

Thanks for the replies & the clarity. 

I have never overstayed in the UK before; I was denied entry upon arrival and turned back in 2005; I did receive the visitors visa afterward (in 2006) and have entered the UK multiple times since, including this year.

I think most of my worries are just based on what happened previously but since that time I have been able to demonstrate to them that I have everything I am supposed to have and am not someone they need to be concerned about. An experience like that just has a way of striking a bit of fear into you and lingering with you I guess...

Thanks again for your insights! 

Jessica


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