Right to stay in UK?

claire16c

I would guess its one of those thing where technically you have to leave a country, and then you can come back in again on a tourist visa, but in reality it doesnt always work like that, if you keep coming back they will see, and want to know why and probably tell you that you are not on the right visa - or non-visa for such regularity of visits.

Its the same thing for UK citizens - for example, if you went to the US on a 90 day visa waiver as a tourist, you cant just go home for a day to the UK, and then go back for another 90 days - they would be questioning you, - and if you had a partner thats what a fiancee visa is for.

They dont just let you come in and out on tourist visas, over and over lol!

heretolearn_2

she might find herself being refused re-entry if they suss she is not a genuine tourist (which she isn't). You can't use tourist visas to sort of sneak in to live here, even if you don't work.

So they are taking a risk, she could be deported and have this noted on her immigration records, making it harder to get back in next time.

Can they really not wait for his divorce and then get a fiance visa? Seems a very desperate way to go about things.

I_know_my_ABC_and_my_CMYK

I think she will find that she can only spend 6 months in the U.K. in any 12 month period.

barbarawright

Might it not be better if the couple sought advice from an immigration lawyer rather than relying on a friend to look on the internet for them?

Mk14:37

She would be playing a very dangerous game if she were to try it. As ABC-CYMK says "6 months in a 12 month period" used to be explicit but I can't see it in the Rules right now.

Ultimately you are dealing with an Immigration Officer who wields incredible power in his or her judgement - if they are of the opinion that she is not a genuine visitor, they can refuse her entry and put her on the next plane back to Canada.

Being Iraqi by birth is irrelevant if she is now a Canadian citizen.

Read the immigration rules here:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/

Mk14:37

VitaK wrote: »

She should give her embassy a call to get there advice.

The Canadian High Commission will not offer legal advice on UK immigration. They will only signpost people on to UKBA.


This is a useful board that specialises in immigration matters
http://www.immigrationboards.com/

kizkiz

Some good friends of my parents emigrated to australia.
He got a work visa but she couldn't.
She went to bali for a week every 6 months, then went back to Oz.
She did this for about 3 years before she got her residency

I_know_my_ABC_and_my_CMYK

When the UK opened its doors to the Eastern Block all visa entries changed into the UK, we had this problem with my sons then girlfriend (wife).

She has to prove she can support herself for the 6 months she is here or he has to send his bank statements etc to prove he can support her so she wont be working here illegally.

If she has a skill (career) she may be able to get a work permit but must have a job to come to first before applying for the permit.

The other option is a finance visa which means they have to marry with a time frame which is either 6 months or 9 months, costs an arm and a leg to get and again you need to have allot of money in the bank to be accepted, usually around 10 K.

Opening up to the Eastern Block made it very unfair for the rest of the world.

KiKi

Sounds about right to me. I don't know the specific requirements for Canadians, but in Australia for eg, you can only apply for a tourist visa if you're offshore. So you have to leave the country, apply again for a tourist visa, then go back in.

That's prob what she's referring to.

KiKi

Tropez

If she's still got at least four weeks or more before she needs to leave and she has no problem with supporting herself while she is here she can apply for her stay to be extended using application form FLR(O) which can be done online through the UK Border Agency's website although this is quite expensive depending on how the application is made but then if she doesn't have to work for six months I'm going to presume she's fairly well off.