# Visitor visa nightmare



## EnglishRob (Feb 13, 2013)

Hi folks,

I'm hoping someone might be able to offer me some advice please on sponsoring a visitor to the UK please?

Basically last week a friend of mine from the US (well, we're really good friends and I think it's got potential to go somewhere as more than friends) came over to the UK for a 3 month visit.

My friend has had a really hard time recently in the US with family problems and helping look after a friend with very little sleep, she was close to exhaustion so I offered for her to come over for a break. We get on really well and have discussed about getting together before but we always thought that there would be barriers which wouldn't help (I've got three kids here who want to stay in the UK) and neither of us were earning a great deal of money (I was working part time and she works for herself but doesn't have much income).

So I managed to save up some money to cover the cost of a flight for her from the US to the UK. As it took a while to save the money I thought it would be a good idea for her to visit for 3 months to make the most of her trip, and it would give us an idea of how we'd actually get on if we wanted to take things further.

Before booking the flight I checked the UK Border Agency web site, I followed their "Do I need a visa?" guide and entered my friends details, she is over 18, was visiting for a holiday and was staying under 6 months and that she was being supported by me. It said that she didn't need a visa.

I booked the ticket for her to travel and she got the flight over to the UK.

This is when the nightmare began... she was stopped by the border agency and taken to one side. She was then taken in for an interview. At this point I was waiting at the arrivals area and worrying that she hadn't made her flight or just had last minute cold feet. After about 3 hours I finally managed to find out what was going on. I spoke to the immigration desk and they said she was being interviewed.

After another 2 hours I finally got to speak to an immigration officier. At this point I was very tired, stressed (it was making me all worked up, I hadn't eaten or had anything to drink as I was told to wait in the immigration waiting area) He asked me a few questions about why she was visiting, how she was supporting herself, why she was staying for 3 months rather than two weeks, how we met etc.

I answered the questions as best as I could and waited. About another 2 hours I finally got to speak to the immigration officier again. He advised that her visa had been denied. My heart sank at this point, we'd followed the advice of the UKBA web site, I explained that I was covering any costs for my friend and that she was basically having a break from things over in the US (I explained her situation over there). The immigration officer said that the decision was made and that she could stay for 3 days but would have to go back. They said that their reasoning for her coming over was because she only arrived with 1 US dollar on her (I'd sent her a bit of money prior to her trip to cover any excess baggage fees and so she could get herself something to eat and drink at the airport), and that they weren't satisfied with a discrepancy in the answers we both gave about how we knew each other.

So anyway, after this ordeal my friend and I were exhusted, she was also pretty traumatised by the whole thing, she said that the border agency had been prying into her personal life, asking questions about her 22 year old daughter, asking about the relationship with her and husband and her daughter, the relationship with her housemates, why she didn't have any bank account details with her. She said to me that the officier shouted at her and kept interupting her when she answered and kept saying he wasn't satisfied with her answers.

My friend was an emotional wreck when we finally got back to my house. She couldn't sleep, she was constantly in tears and said she'd been made to feel like a criminal.

I did comfort her and I think the whole ordeal did bring us closer, on the night before she was due to leave we had a heart to heart and she told me that she wanted to come back over and see how a relationship would work out.

The day she was due to leave I drove her down to the airport, she was feeling a little more positive about things after such a horrible ordeal, she got to do two of the things she wanted to do during her visit... see the beach (she lives in a land locked state in the US and hadn't been to the beach for 17 years) and see Stone Henge (we stopped off for 10 minutes on the way to the airport).

When we arrived at the airport we followed the instructions given, she went to the airline check in and they advised that her ticket had been booked for the previous day (although the paperwork she had specifically said the date and time of the flight she was due to get). Luckily the airline managed to fix the issue with the ticket and she managed to check in and get through security. She picked up her passport, now stamped with a 'refused entry' stamp and she caught her flight home.

I haven't spoken to her since she has returned home, I spoke to her daughter and I understand that she was so exhausted after nearly a week with so little sleep.

As far as I know she still wants to try and visit again, we now have to raise the money for another flight and I understand from speaking to the UK Border Agency that she can apply for a visa before she travels (and doesn't have to wait before applying, I understand she can start the process straight away if she wishes, although I think she's going to wait a little while to get the paperwork together).

So this leads me to my questions (sorry it's a long winded post)...

Looking at the UKBA web site, I can sponsor her to visit, I can cover her costs of the flight and help her out financially while she's here. She'd been staying with me, I won't charger her any rent and I will pay for any extra food costs or personal items she might need. I work full time so the majority of her stay will probably be trips down to the beach (I live by the sea), relaxing at home and maybe the odd day out with me and my daughters and spending some time with my family (she did get to meet my family briefly and they all love her to bits).

It doesn't however specify any details of how much I should be earning to be able to sponsor her. I gather that looking at the fiancee visa sponsorship pages that to sponsor her as a fiancee I need to be earning £18,600 per year. I'm not earning this at the moment aven after going full time and I don't have enough savings to make up the difference in the shortfall. As I've only just gone full time I don't want to yet have to ask my employer for a pay rise on the off chance that things might work with my friend, I'd much rather be sure and be able to tell them that we are going to get married before asking for a pay rise.

So this leaves me wondering if there is a minimum requirement for how much money I should be earning, how much savings I have etc before we apply for her visitor visa? It seems that it's just a number plucked out of the air and multipled by 42. If there is any official guidance on a visitors visa I can't find it.

I gather we also need supporting evidence too. I'm happy to send her an e-mail or letter to offer her to visit for 3 months. I thought before that having a return ticket would be enough (sadly she was unable to print the ticket before she left before so she only had the flight reference details. I had a copy of the ticket myself and could have shown the border agency IF they'd actually met me in person, they didn't, everything was done via phone at the waiting area, no one came and talked to me personally).

I also have some pay slips and bank statements, I'm a little reluctant to send these unless I have to as I understand they ask for original copies and photocopies, and that my friend has to send them to the UK Border Agency office in New York (why I can't just send copies, or send original copies on her behalf to the UK offices I don't know!). So this leaves a risk of the documents getting lost in the post on the way there or the application being delayed.

After all this there is the uncertancy that she'll be accepted and looking at the UK Border Agency web site, it seems that she can't appeal, she'd just have to lose the fee and re-apply again at yet more expense.

I'd like to get her back over here as soon as I can, of course there is the issue of raising the money for the ticket (I have some savings, after paying bills probably a good £800 or so saved up which would cover the cost of the ticket) but I'm worried that it won't be enough. My friend at the moment is earning very little and can only just manage to cover her own living costs hence why I'd be covering the cost of her ticket (we'd maybe split the cost of the visa unless she could find enough money to cover it herself).

So I wondered if anyone could offer any advice please on what the best course of action would be?

Rob


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## 2farapart (Aug 18, 2011)

Hi Rob

First, I just want to say that this is more of a usual happening than you'd think. UKBA always stop people who (they think) have a likelihood of overstaying or simply not returning home. Things they look for include:

does the traveller have ties back home (a job or study course)
does the traveller have their own property back home
does the traveller have their own means of support
does the traveller appear to be visiting for an inordinately long period for a 'holiday'
is there any romantic attachment between traveller and their sponsor
...and you can probably see from this list where your friend's legitimate entry was turned down. If she shares a property it's not her own, she doesn't have money of her own, for someone from the US 3 months is usually considered a long time to take from work, and there is also the matter that you were honestly wondering whether there could be more of a future for you both - so you inadvertently triggered all those warning flags.

What you now have in her favour is evidence that she DID leave as instructed. If you should try this again, it would be better she had more money on her, with bank statements to show she has her own money to support herself, and to book a much shorter period more typical of a holiday (book flights for 2-3 weeks departure). If they let her through and give her the standard 6-month stamp, she could then rebook her return flight and stay longer. She would also need to be prepared to explain that she's on holiday (so have a sight-seeing agenda). Both your stories should match 100% so iron out any inconsistencies.


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## EnglishRob (Feb 13, 2013)

Thanks for the advice, so I guess if we were to get romantically involved then would that be a problem?

I did everything I could to make sure she didn't overstay, I'm aware that if she did overstay that would cause no end of problems (I read somewhere she could be refused entry for another 10 years?!?).

I've done nothing but think about the whole situation all weekend, I haven't yet spoken to her about things since she returned to the US so I don't know how she feels about the whole trip and if she wants to give it another go.

So if she does agree to give it another try in coming over, I think she'll apply for a visa before she leaves. If she does do that do I have to send things like my payslips over to her to back up supporting her financially (I'll mention about the bank statements to her and make sure she's got some more funds with her)?

As you mention the 6 month stamp, does this mean she can visit the UK as many times as she wants within the 6 months? (while I don't think we'd be able to afford multiple flights, if we could do 2 to 3 weeks, leave it a couple of months and then have her come over again for maybe another 2 to 3 months) that would be great.

After the 6 months is up too, are there any restrictions on her applying for another visa?

I did wonder if things did work out and we were to get together properly, would she be allowed to apply for a spouse visa or fiancee visa straight after her visitor visa expires or would she have to wait any amount of time? (I vaguely remember something about after the 6 months she'd have to wait a year to apply for another visitors visa or something).

Rob


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## 2farapart (Aug 18, 2011)

It's going to mean negating all those warning flags that popped up for her last visit...

The first is just to book a short visit - maybe 2-3 weeks (2-3 months is still too long and the same result could happen). Visitors are typically granted a stay of 6 months in any 12 month period, but it is at the jurisdiction of UKBA (as you already know by now). She can spend up to 6 months within any 12 month period in the UK, but I don't recommend her ASKING for this. If she's given a date stamp for 6 months without hassle, she can always rebook her return flight. multiple visits in a year are fine provided 6 months isn't exceeded (and might help assure UKBA that she does always go home).

Secondly (if you have a good level of trust between you), rather than send your payslips, it might be better to send money that she can hold in her own account - sufficiently in advance of the visit so it doesn't appear like a 'convenient deposit to dupe UKBA' - and enough to typically cover a holiday of 2-3 weeks (imagine yourself going on holiday for that length of time - how much would you set aside?). When she arrives at border control, she could then show bank statements in her own name (and tell her to travel with more than a dollar next time - again, the sort of cash needed for refreshments, maybe a taxi fare).

Thirdly, if before she visits again you both decide that you would like to marry and live in the UK, she could download the necessary forms for either a fiancée or spouse visa and keep them in her hand luggage, then she could explain that she's visiting you so you can make arrangements prior to her filling out the application (this simply demonstrates to UKBA that she knows the procedures - and is maybe less likely to overstay). The fact she's had a refusal will mean UKBA will look more closely at her application, but as I said before, this is a very common occurrence and other people here who befell the same bad luck have subsequently been successful, so it shouldn't stand in the way of any future settlement visa.

Finally, the tough one. She somehow needs to prove (again, with evidence carried in her hand luggage) that she has sufficient ties to the US that she MUST return. Evidence of her work or any property ownership will help. 

I don't know enough about General Visitor Visas where the Visa Waiver Program exists, so I can't say whether it would be better next time that she applies for a visa in advance, but hopefully there will be others along who can help with that.

Wishing you the best of luck!


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## Eng.Kamo (Feb 17, 2013)

EnglishRob wishing u the best of luck
Arabsalso, I reckon your posts are sorta pointless what are u trying to imply here....


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## MissKaila (Nov 7, 2013)

*Concerned*

I am concerned about this very issue happening to me. I am madly in love with a man from England, and I plan to travel to him to see if he will fall for me in return. I'd do anything for him, just to know whether we have a chance or not. But the issue is, I have no job here, my visit will be slightly over a month long, and I am not enrolled in classes. He has invited me to stay with him for the entire duration, and I am so looking forward to it! But I'm terrified that I will be turned away at the border, and thus not get to have this beautiful chance of meeting someone I care deeply for. Any suggestions?


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## Crawford (Jan 23, 2011)

MissKaila said:


> I am concerned about this very issue happening to me. I am madly in love with a man from England, and I plan to travel to him to see if he will fall for me in return. I'd do anything for him, just to know whether we have a chance or not. But the issue is, I have no job here, my visit will be slightly over a month long, and I am not enrolled in classes. He has invited me to stay with him for the entire duration, and I am so looking forward to it! But I'm terrified that I will be turned away at the border, and thus not get to have this beautiful chance of meeting someone I care deeply for. Any suggestions?


Get a job and save your money ........


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## MissKaila (Nov 7, 2013)

Crawford said:


> Get a job and save your money ........


This sounds like I would not be able to spend Christmas with him. No thank you. :smow:


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## chrisahum (Nov 7, 2013)

You could try for a shorter visit, but obviously that won't grant you guaranteed entry. Good luck.


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## KHP (Oct 25, 2012)

Hi Rob,

To be honest I think you should consider really carefully before sponsoring your friend for a visit visa. I have been in a similar situation to you. When my husband and I were first together he came over to the UK for his first visit (although I'd been to his country a few times already). His ticket was for a holiday of 25 days. It was a horrible experience when he was questioned at the airport immigration and I was waiting for him at the airport for almost 5 hours. The official called me a asked a number of questions and compared our answers. It was very upsetting and to be honest we weren't sure how serious our relationship was that point and so our answers were slightly different. We were lucky as I explained that I had a good job and would be cover any additional expenses and they finally let him in. This was 5 years ago. I think it's more difficult now.

This was just one obstacle in a long list. Having a long distance relationship is not easy! It takes a lot of love and determination and patience. If you are not sure whether this is a relationship yet, I would suggest using the money you've saved to take a 4 week holiday to see your friend in the US. Then decide if it's something worth pursuing. 

Sorry to be so pessimistic. But my husband and I love each other dearly but it has been a long 5 years and many thousands of £s to get to the point where we are settled here in the UK together. 

Also, don't consider sponsoring someone as a finance until you KNOW you want to spend the rest of your life with that person. 

My advice would be ask your friend to look for another part time job to save up some money for a ticket or even for the cost of a visa application. Then you will see her commitment too. In the meantime you can visit her.

Good luck,
KHP


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## nyclon (Apr 3, 2011)

Visit in your country, visit in a 3rd country or shorten your trip to a week or 2 although there is still no guarantee that you'll be admitted. You could apply for a visit visa in advance and then you'd know for sure.


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## buzz74065 (Nov 20, 2013)

Very nicely put, my husband and I have been apart for seven months, and we are now in the process of getting a spousal visa. Long distance relationships are not easy but if you can make it through, your relationship will be that much stronger.


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## mrsnewtolondon (Oct 28, 2013)

Hi EnglishRob... I'm curious to know how you have decided to proceed? It was back in May that you originally posted. What happened?

It's an odd thing... the government wants you to show proof of time spent together in order to find that you're in a genuine and subsisting relationship. However, you aren't able to spend time together in person because all of the rules and regulations prevent that. You can't help who you've met and fallen for... but it's up to the government to decide if you can be together. Makes things tough... and stressful.


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