# REFUSED ENTRY and now applying for 6 months tourist visa



## missdonkey (May 8, 2013)

Hi Guys

I am new to this forum. Have been reading up on your stories. Things are a bit crappy for my husband (American) and I. So here is my story, any support/help is welcome because I am starting to lose the plot with UKBA processing times!

My situation:

My latest leave to remain is PSW which expired on 21 Jan 2013. Was told by UKBA hotline in the UK, that I cannot stay or extend my stay and had to leave the UK and then re-enter as visitor but make sure that I have my return ticket just in case IO question me at the border. I had a return ticket BUT that was not enough!

My husband and I did not know that I could have applied for FLR (M) to stay, when my husband submitted his SET (0) application in Oct 2012. Only if I discovered this forum earlier!!! Oh well that was our biggest mistake …too late to moan about it now but definitely kicking ourselves about it when we found out. 

To cut the story short, I left the UK on 18 Jan 2013 to visit a friend in Germany. When I re-entered the UK on 23 Jan 2013 as a visitor for 10 days, I was scheduled to fly out on 2 Feb 2013 back to Australia. I was *refused entry *because I confirmed that I am married to an American citizen and I didn't have an entry clearance status for the purpose of my visit. I am a non visa national (Australian) didn't think I needed one. The IO said that I would not leave at the end of my stay, that I can easily change my return ticket, and she is not satisfied that I am seeking entry as a general visitor! So anyway, I was issued IS.82A and was told to go back to my port of origin which was Germany, instead my partner (on the phone) and I managed to convinced the IO to make my own travel arrangement back to Australia instead. Basically I was detained for 12hrs before my flight back to Australia. That 12 hours was bleak and mind twisting because the idea of not seeing my husband before leaving was devastating to say the least and to have a mark on my immigration records make it harder to travel anywhere without a visa.

Since being back I had to take care of my disabled mother, my husband and I have been waiting for the return of his passport so that he can come and visit me here around Mar/April 2013 for our wedding reception. In line with the 6 months processing timeline as published on the UKBA website. In turns out, we are still waiting for his passport and ILR approval, it will be 7 months on 15 May 2013. So yes, I have not seen him for almost 5 months!!

So we've decided that I should return for a visit as a general visitor and hopefully by then he would have received his ILR and for me to return to Australia and apply as his spouse.

I have sent in my application on 3 May 2013 for a 6 months tourist visa staying for 3 months. Can someone tell me what's the waiting time like for tourist visa made in Australia (sent to Manila) take? What are my chances of getting this visa approved? I am the main carer for my disabled mother, have letter from GP to confirm her health condition and that I am the main carer, I have cashing savings exceeding £10K. I have a flexible return ticket flying out on 30 May 2013.

Also has anyone been issued IS.82A form? Is this serious? The IS.82A form says:

_'You have asked for leave to enter the UK as a visitor for 10days but I am not satisfied that you are genuinely seeking entry as a visitor for the limited period as stated by you. This is because you have confirmed that you are married to USA national Name:XXX XXXX DOB DD/MM/YYYY. Who is a dependant of you and your leaved expired on 21 Jan 2013, and I am not satisfied that you are seeking entry as a visitor on this occasion. You neither shave an entry clearance confirming any other status'. I therefore refuse you leave to enter the United Kingdom._



Thanks very much guys….


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## Krysalyss (Apr 29, 2013)

Wow that sounds like a really tough situation. The processing times for Australia are here:
http://www.ukba.homeoffice.gov.uk/countries/australia/processing-times/?langname=UK English so it looks like it would probably be 2-3 working weeks from when they receive it to when you hear. Hope its positive for you!


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## Joppa (Sep 7, 2009)

There is a good chance your visitor visa application will be refused. Since your entry denial, nothing fundamentally has changed and you haven't included any new evidence you won't overstay. You are his main financial support as well as your mother's main carer. Also asking for 3 months' leave will be looked on very negatively as an attempt to stay in UK instead of just visiting. And they will want to know why you want to stay 3 months when you've been busy looking after your mother in Australia. Who will be looking after her while you are away?


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## missdonkey (May 8, 2013)

*Evidence to support 6 months tourist visa*

@ Krysalass thanks! I hope so too.

@ Joppa ..thanks so much for your input. I really appreciate it...

Things have changed since my refusal entry. I became the main carer for my mother who had a stroke a couple years ago. Otherwise I would be working full time now. My line of profession salary here in OZ is rather generous. I have supplied the following evidence with my application:

1. 9 months UK bank statements with £10K excess of savings
2. 6 months OZ bank statements with $2K savings
3. Medical Certificate from GP stating my mothers condition and that I am the full time carer since Jan 2013.
4. Husband - 6 months bank statements with excess £5K savings
5. Husband - employment letter excess £55K salary
6. Husband -Special savings account excess of £60K savings.
7. Husband statement, 3 x close friends statement: assuring my visit is a holiday and that I will return and leave the UK at the end of my visit
8. Letter from local MP to husband about - confirmation receipt of ILR application and apology for the delay.

In my personal statement I highlighted:
1. I am the main carer for my mother and that she will be cared by my sister while am away. Upon my return from the UK we will look for appropriate care for her. 
3. Husband and I must be in Oz this summer to celebrate our banquet.
4. Meet up with some friends who I didn't get to say good bye the last time in the UK
5. Pack my personal belongings to take back with me.
6. Have not seen husband for 5months and would like to visit him.
7. Have ample space as accommodation.
8. Main sources of income are from: personal savings and husband.
9. Return air ticket will be 50% self funded and 50% husband's mileage reward points via AMEX/BA.

What do you think of the support documentation? 

It has been hell for us being apart, as newly weds we wanted to celebrate our 1st anniversary together which is in August!


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## Joppa (Sep 7, 2009)

I don't know but it still looks unsatisfactory. Circumstantial evidence like a banquet, meeting UK friends and how your airfare is funded cuts no ice, and they may still consider it risky granting you leave to enter. If you want to see your husband, best to do it in a neutral country like France. When you are eventually in a position to apply for UK settlement visa, you can lay out your evidence convincingly.


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## Joppa (Sep 7, 2009)

In a summary
In your favour:
Your husband has solid finance
You are your mother's main carer in Australia

Negative factors:
Record of denied entry from 4 months ago
If your sister can care for your mother for 3 months, there is no reason for you to return home
Why aren't you applying for settlement visa which you look likely to qualify for


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## missdonkey (May 8, 2013)

Cheers Joppa. Good to have it listed like that. I can only hope for the best right now. My intention is to visit him & my mates that's all. I am doing my bit for the family (commitment). Sister has full time work and is totally stressed out over the last few years. So I have taken over for the time being to relieve her from working and caring for my mother. 

I would like to apply for settlement visa but not until my husband has received his. Thus, I am in the waiting game pool. I will keep you posted on the outcome.


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## 2farapart (Aug 18, 2011)

Joppa said:


> In a summary
> Negative factors:
> ...
> If your sister can care for your mother for 3 months, there is no reason for you to return home
> ....


To add to what Joppa outlined above, using the need to care for your mother as proof that you'll leave the UK is further complicated by you being in the UK for the duration of your PSW (possibly prior to that a student visa). UKBA will have all this on their systems. That would mean explaining why your mother only now needs care (simple enough) except your husband has already applied for permanent settlement in the UK - a potentially odd thing to do (in UKBA's eyes) if his wife is returning to Australia as primary carer unless your mother is very sick, frail or very elderly. 

It depends on how much information pops up on a border official's screen, but I recommend doing what others have said and avoid notching up another refused entry. You are someone wanting to do everything properly, but are being burned by rules that have come about through those who have abused the system. I hope you get it all sorted so that you can be with your husband soon.


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## Expat85 (Apr 12, 2013)

missdonkey said:


> Cheers Joppa. Good to have it listed like that. I can only hope for the best right now. My intention is to visit him & my mates that's all. I am doing my bit for the family (commitment). Sister has full time work and is totally stressed out over the last few years. So I have taken over for the time being to relieve her from working and caring for my mother.
> 
> I would like to apply for settlement visa but not until my husband has received his. Thus, I am in the waiting game pool. I will keep you posted on the outcome.


I am in the similar situation. Did you get your visa? How long did it take for the reply?


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## missdonkey (May 8, 2013)

Hi Expat 85,

I had to withdraw my tourist visa application because my partner's settlement visa came through soon after I submitted it. I received my spouse visa settlement after 8 weeks of wait.


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