# Re-entering UK after Tier 5 visa expired



## dani_elle (Jul 14, 2013)

Hi, so my Tier 5 working visa expired on 03/08/2013. I will be leaving the UK on the 02/08/2013 however plan to return to the UK for travel purposes 2 weeks following before then leaving then leaving the UK 1 week later to commence more travels. I have been slightly worried by some information that I have receivers recently which may we me not being allowed entry back to the UK after bring away travelling (by which time my visa has expired). I will have evidence to demonstrate that I'm returning to the UK for travel and not work reasons but not sure whether this will be enough. The evidence I'll have will include my numerous out going flights from the UK (as I have a few trips planned), a letter from my UK employer stating that I am not employed there anymore, letter fromus Australian employer confirming that I am returning to Australia. Will this be enough??

If I am refused entry into The UK where will I be sent, as ill be returning to the UK from Germany. If they refuse me entry but I can go to Europe it wouldn't be the end of the world, but not sure whether that would happen.

Any advice would be greatly appreciated!


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## Leanna (Oct 22, 2012)

dani_elle said:


> Hi, so my Tier 5 working visa expired on 03/08/2013. I will be leaving the UK on the 02/08/2013 however plan to return to the UK for travel purposes 2 weeks following before then leaving then leaving the UK 1 week later to commence more travels. I have been slightly worried by some information that I have receivers recently which may we me not being allowed entry back to the UK after bring away travelling (by which time my visa has expired). I will have evidence to demonstrate that I'm returning to the UK for travel and not work reasons but not sure whether this will be enough. The evidence I'll have will include my numerous out going flights from the UK (as I have a few trips planned), a letter from my UK employer stating that I am not employed there anymore, letter fromus Australian employer confirming that I am returning to Australia. Will this be enough??
> 
> If I am refused entry into The UK where will I be sent, as ill be returning to the UK from Germany. If they refuse me entry but I can go to Europe it wouldn't be the end of the world, but not sure whether that would happen.
> 
> Any advice would be greatly appreciated!


There's a very real chance you will be refused entry back into the UK once your visa expires, even if you have proof of onward travel. You are taking a huge risk. General rule is that you can only be in the UK 6 out of 12 months for tourist purposed. Since you will have been in the UK up until August, you should aim to stay out of the UK for at least several months. 

The immigration officer may take the opinion that you have been in the UK on a Tier 5 visa for two years, you should have had plenty of time to get all the travelling done you needed. 

You would be returned to where you came from ie. Germany if you are refused entry. 

If I were you I would make arrangements not to enter the UK again once your visa expires and return home from your travels in Germany instead.


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## Joppa (Sep 7, 2009)

There is always a risk returning after Tier 5 expiry, and you may well be sent back (to where you took your flight). It's something you want to avoid, as a black mark on your immigration record must be declared for all your future visa applications and attracts scrutiny. I strongly suggest you arrange things in such a way that you can leave from Europe to Australia without going through UK. Once you are back home - which fulfils your visa requirement, you can return to UK as visitor after a suitable interval, say 3 months.

Their reasoning is you've had two years in which to do all your travelling, and now is the time to go home, not to extend your stay in UK for more travelling.


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## Joppa (Sep 7, 2009)

Great minds think alike!


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## dani_elle (Jul 14, 2013)

Thanks for the quick reply. Not to question your advice, but on what basis do you have this information? Personal experience? 

Due to how all my independent trips had worked out, I was going to return to the UK twice within 6 weeks once my visa expired. Given your advice I may end up not returning to the UK during those 6 weeks. However in addition to those 2 returns I was going to have one final return 6-8 weeks after initially leaving the UK as my UK fiancé lives here and therefore want to return to (1) spend time with him (2) continue wedding preps and (3) attend a friends wedding. Do you think that would have any bearing? 

I do know that I need to be careful as I do plan to return to the UK next yet to get married!


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## Joppa (Sep 7, 2009)

I have seen quite a few people in your situation getting denied or having a major hassle being allowed in - in some cases with coded entry to alert them should they stay longer than declared. Immigration officers are on the lookout for recent Tier 5 holders trying to extend their stay by returning as visitor, so you will be stopped and grilled. We have even advised someone who had a return flight from UK after their Tier 5 expiry to stay on in Europe and fly into the departure airport and catch the flight home. Even though they have to enter UK in order to retrieve luggage and check in, there is a special 24-hour transit leave to allow it.


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## dani_elle (Jul 14, 2013)

Thanks again for the info.

One last question, given all your advice, I am now going to do my best to avoid coming back to the UK for as long as possible. However, given my pre-existing flights into London, I am considering still getting those flights and transition 'inland' to another flight. This will require me to go through customs, however based on what I've read on the UKBA website, I have 24 hrs to transit. Is this also your understanding??

Thanks!


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## Joppa (Sep 7, 2009)

See UK Border Agency | In transit through the UK.


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## Liselle (Aug 12, 2013)

Joppa said:


> There is always a risk returning after Tier 5 expiry, and you may well be sent back (to where you took your flight). It's something you want to avoid, as a black mark on your immigration record must be declared for all your future visa applications and attracts scrutiny. I strongly suggest you arrange things in such a way that you can leave from Europe to Australia without going through UK. Once you are back home - which fulfils your visa requirement, you can return to UK as visitor after a suitable interval, say 3 months.
> 
> Their reasoning is you've had two years in which to do all your travelling, and now is the time to go home, not to extend your stay in UK for more travelling.


Hi Joppa, 

Do you think the situation changes if my Tier 5 visa is for a period of 3 months? I had intended to leave slightly before or on the day my visa expires to do a short 3-4 day trip somewhere in Europe, come into the UK again on a tourist visa for 1.5 weeks and leave permanently for home thereafter. 

What proof should I bring besides my flight ticket returning home? 
I will be staying at a friend's place for the 1.5 weeks. 
I also have an email form my employer at my place of home on when my starting date for work once I return home will be, but it is not a formal letter. 

Thank you!


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## Joppa (Sep 7, 2009)

As already advised, you are risking being grilled and even facing a refusal. 1.5 weeks after Tier 5 expiry is just isn't on. Do your last travelling before your visa expires, or keep your return to UK as a transit of no more than 24/48 hours. You had two years in which to do your travelling. You don't need any more leave to extend your stay in UK.


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## Liselle (Aug 12, 2013)

Joppa said:


> As already advised, you are risking being grilled and even facing a refusal. 1.5 weeks after Tier 5 expiry is just isn't on. Do your last travelling before your visa expires, or keep your return to UK as a transit of no more than 24/48 hours. You had two years in which to do your travelling. You don't need any more leave to extend your stay in UK.


Yes, thank you, that is why I am asking if the situation is different for my Tier 5 visa which is for a period of 3 months as opposed to 2 years


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## jamesharrison (Mar 6, 2013)

There is The Youth Mobility Scheme (Working Holiday to the UK) is a multiple-entry visa, which means you can leave and re-enter the UK as much as you like while your visa is valid. Remember that all time spent outside the UK after you first arrive is considered part of your 2 years.


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## Joppa (Sep 7, 2009)

Liselle said:


> Yes, thank you, that is why I am asking if the situation is different for my Tier 5 visa which is for a period of 3 months as opposed to 2 years


What you should have said is you are going to do your travelling during the last 3 months of your Tier 5 validity.


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