# Hassles Re-entering after Working Holiday Visa Expiry



## bluechan (Oct 21, 2010)

My girlfriend has had an issue re-entering the UK after her working holiday visa ran out.

Basically after finishing up her working holiday visa she planned to travel around Europe and the US.

Each time she re-entered the UK (3 times) the immigration officer gave her a bit of trouble. I was with her on the last time. 

She's an Australian and from what I understand she has access to a 3 month tourist visa on re-entry into the UK.

The immigration guy simply said that we should read the information more carefully. He suggested that a Working Holiday Visa which was valid for 2 years should have been enough for her to do all her travelling. 

And the guy threated to refuse entry if I was going to argue with him. The problem was I wasn't arguing. I only asked what the issue was and asked for a clarification. My girlfriend doesn't want to take it up but if this was directed at me I would lodge a formal complaint.

Can anyone provide any more information on this? I've looked around and there doesn't seem to be a policy or any rules as to how long a person needs to wait until they can re-enter the UK on a tourist/visitor's visa.

In the first two times I told her maybe it was just bad luck. But when it happens 3 times in a row there's definately something systematic about it.

I initially thought they assumed that she's continuing to work in the UK past her Visa expiry. But she's a dentist and it's not possible to work in the UK unless you have the right visa in her case as there are a lot of hoops to jump through for medical work as you can imagine.

My concern is she's heading back to the UK to visit me during the Christmas period and I'm concerned that they might refuse her entry for some random reason.

She can pre-apply for a visitor's visa while she's in Australia but there's costs (~AU$90) and lots of hoop jumping for something that other visitors wouldn't normally need to do.


----------



## Joppa (Sep 7, 2009)

bluechan said:


> My girlfriend has had an issue re-entering the UK after her working holiday visa ran out.
> 
> Basically after finishing up her working holiday visa she planned to travel around Europe and the US.
> 
> ...


I can understand why the Border Agency staff gave your girlfriend a hard time. WHV (or Youth Mobility Scheme, as it's now called) is intended for young people to combine employment and travel, and it's entirely reasonable to assume that the visa holder should have had plenty of opportunities to travel during the two years they were allowed in UK. The visa doesn't confer any further residency or employment rights in UK, and the traveller is expected to return to their country of origin at its conclusion, which is one of the conditions of the visa. What the immigration officers are on the lookout for are those who try to use WHV as a means of prolonging their stay in UK and possibly working illegally. And this is a real problem, as WHV holders establish good contacts while they are in UK and it's easy for thom to carry on where they left off, unofficially, when they are ostensibly on subsequent visits. While it's not officially laid down how long a traveller should stay away after their visa expires, 6 months should be a reasonable assumption (Home Office guideline for a visitor is 6 months in, 6 months out). Also in your case, having a boy/girlfriend in UK is seen as a strong reason for wanting to come back to UK, which can lead to overstay and work under the table. I think the immigration officer in question was acting quite reasonably within the rules and you have really no ground for an official complaint. A reasonable suspicion by an immigration officer that a traveller is unlikely to meet all the conditions for a leave is sufficient to deny entry, under immigration acts.

So what can you - and your girlfriend - do to mitigate any problems on her next visit? There is something to be said for applying for a visit visa, because then a smooth passage is well-nigh guaranteed. Other than that, she should comply 100% with rules for a visitor - to have a return ticket, a job to go back to (a letter from her boss is the best), enough money to pay for all her expenses (bank statement) and an itinerary for her visit. If she works as a full-time dentist in Australia, then it seems pretty conclusive that she will return home after her visit. And it's best not to mention boyfriend (you) in her dealing with immigration staff - get a hotel or hostel booking for at least for the first few days. If she is staying with you, she should refer to you as a friend. Be prepared for them to phone you from the airport on your mobile, so watch what you say. It's possible the previous officers have made a note in her immigration computer record about having a boyfriend - but still play it cool.


----------



## bluechan (Oct 21, 2010)

Thanks Joppa,
That clears things up. I think my main gripe was that the immigration officer didn't give a reason but instead just threatened to not let her in. 

I'll pass your advice onto her and hopefully she won't have any issues the next time she goes through the border.


----------

