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My partner is British and I’m American; we’ve been dating for three years. I visited back in March 2017 for a week, entering the UK visa-free.

We then decided I should visit him and stay for 6 months, so I applied for a tourist visa. I stated all sorts of things that I planned to see while there and, naively, I didn't include much evidence that I can support myself. The Standard Visitor Visa was refused, mainly because they think I have reason to stay longer than my intended visit.

I was upset and didn’t really know how to proceed, so we spoke to a lawyer and asked if we had grounds to appeal. I was told that I don't and that I should just buy a ticket and take my chances when I arrive at the border at Heathrow.

I’ve bought my ticket for 02/07/2018, with a return on May 22, planning to stay for 14 weeks. I’m really worried. His mom will write me a letter showing she has more than enough to provide her home and living expenses. I’m taking about $5,000 and my return ticket for my flight on May 22.

Is there anything else I should take to try and convince the customs and immigration that I am not there to stay, only visit?

Giorgio
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sabine
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    There is a strong chance that you'll be denied entry. Why would they override a decision by the embassy at the border? – mdd Feb 02 '18 at 02:53
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    I was hoping it would make a diffrence to have a face to face encounter instead of sending documents through the mail .. – sabine Feb 02 '18 at 03:02
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    This is a seriously risky approach. You've been turned down for a visa, so almost certainly you won't be let in at the border. A letter from your boyfriend's mother is meaningless without supporting documentation, and I can't make sense of your dates. You will need to make a proper application for a visa. This will require a significant amount of paperwork, and it must be properly presented. You should take the advice of a lawyer experienced in UK immigration matters, which your existing lawyer clearly is not. –  Feb 02 '18 at 03:07
  • what do u suggest i do with my ticket or is that money down the drain because it’s next Tuesday and I’m not really sure how to go on about the whole ordeal – sabine Feb 02 '18 at 03:15
  • @sabine there's always a chance you might get in, but you should certainly expect a straight bounce back to the US. The correct response to a visa refusal is a better application which fixes the issues with the prior one - it's definitely not to "just chance it", I hope that lawyer wasn't expensive because that wasn't good advice at all. 14 weeks is a loooong time not to be working etc so you will need excellent justification for it, and also justification that you have a strong reason to return to the US afterward. –  Feb 02 '18 at 04:00
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    My girlfriend is American, she lives here now, but before then, she used to come for 6 months without applying for a visa. I know you were trying to be safe with the visa but I think you would have had a greater chance just turning up visa free. – BritishSam Feb 02 '18 at 10:29
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    Typically how did she get through customs any advice or specific documents ? – sabine Feb 02 '18 at 18:20
  • @sabine I think you mean Immigration or Border Control - Customs is the least of your worries ATM. –  Feb 03 '18 at 05:30
  • @sabine If you do cancel, don't forget to get the airport taxes refunded – Crazydre Feb 03 '18 at 20:21
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    @sabina Can you provide us with an update of what happened at the border please, when you got to the UK? – Bev Oct 21 '18 at 17:13
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    @bev Whatever happened to her does not change anything. I also was in her same exact shoes and went to the uk without a visa and was ultimately admitted. I support her decision. No point in applying for another visa to be adjudicated by a faceless visa officer. – Augustine of Hippo Oct 21 '18 at 17:30
  • @HonoraryWorldCitizen You previously advised "Always get an entry clearance if you have had any previous brushup with UK immigration." Did something happen to make you change your mind now? – Zach Lipton Oct 21 '18 at 18:24
  • @ZachLipton I recognize that and plan to edit my answer soon. It is a waste of money and time in my opinion. Once you carry all the required documents needed to apply for a visa, I believe a face to face with the opportunity to articulate your position has better chances of success than with a harried faceless ECO working under time constraints. Furthermore I now know a blacklist can be removed without applying for a visa hence I no longer support the old way of thinking. – Augustine of Hippo Oct 21 '18 at 18:30
  • @ZachLipton Additionally in her comment below the accepted answer, she indicates she was let in. Another data point to support my new position. After I was detained for five hours, searched vigorously, locked in a room with no access to my things. They interviewed me and decided I was genuine and let me in. I even had asked if I could go home on the next flight. As far as wiping my slate clean, they didn’t gove me a chance to ask at all but thank you to everyone who helped. – Augustine of Hippo Oct 21 '18 at 18:37
  • @ZachLipton Another successful case here – Augustine of Hippo Oct 21 '18 at 18:43
  • @HonoraryWorldCitizen Fair enough. I suppose it really depends on your personal feelings about being detained for six hours, searched, and made to explain yourself (after a transatlantic flight). It could well have a better chance of success than applying for entry clearance, but that's not a situation many people want to subject themselves to, and if you're sent back, you'll have a refusal on your record that you'll need to report to other countries that ask if you've ever been refused, but everyone can decide that for themselves. – Zach Lipton Oct 21 '18 at 18:44

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You've been turned down for a visa, and now you intend to try and enter the UK visa free and get entry clearance at the airport. This might be possible, but will require excellent preparation. You're flying in four days time, so you'll need to work quickly.

First, expect to be delayed at Heathrow. This could be short (and they send you back) or it could be for some hours (and they might still send you back)

The Immigration Officers are concerned with two main things: can you support yourself while you're in Britain; and will you leave on time.

On the first point: $5000 is a good start. You need to be able to demonstrate that the money is yours. Think payslips and bank statements over a period of months. Money placed in your account by a friend to top up your funds wont be acceptable unless you can prove it's yours to use. If you hope to use a sponsor you will need a letter, and supporting documentation. If your sponsor claims an income of UKP20,000pa you will need something to support that, and so on. You will also need medical insurance to cover your stay.

On the second point, you need to demonstrate that you will return home at the end of your trip. This is especially important as they refused you on this. Concentrate on documentary evidence of ties to home: job, property ownership, family commitments, etc. For a fourteen-week stay this might prove difficult - most employers won't let their employees out for that long. If your boss has OK'ed this, get it in writing from him/her. In fact, get a letter from your employer detailing what they've agreed, regardless of the period.

Consider shortening your trip. It's a lot easier to cover, say, a four-week stay. Paying the airline to change the return ticket will likely be less painful than losing the whole trip.

Have a clear itinerary. Be clear about what you want to do, and when. If you intend to visit London, have a good idea of what you want to see and do. If you want to go hill-walking know which hills and travel with appropriate clothing.

Have your boyfriend and sponsor available and accessible, preferably in the airport, and prepared for a potentially long wait.

None of this is a silver bullet, and you may be refused anyway. The real solution is to apply for and get a visa. Two refusals will make it much more difficult to get a visa. If that happens you will certainly need a good lawyer to guide you through the process. Consider whether your approach is worth the risk, or whether you might be better abandoning this trip and dealing with the visa issue first.

Good luck.

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    Thank you so much I’ll definitely be looking into alternatives and a way to solve this. – sabine Feb 02 '18 at 04:23
  • Note also that, based on whats been said elsewhere on these sorts of answers, being granted leave to enter at the border does not do anything to wipe the slate clean with regard to the refusal (so if you are granted entry this time, you will still be scrutinised on your next visit if you attempt the same thing), while getting entry clearance (a visa) prior to travel does. Something to consider for the future. –  Feb 02 '18 at 05:18
  • @Moo Actually the slate can be cleaned if entering visa-free successfully after a visa refusal, but that's totally at the discretion of the Border Force. Sheikh Paul had this happen to him – Crazydre Feb 03 '18 at 20:19
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    @Coke that's not what I've read elsewhere on here by former members who were very very well respected. –  Feb 03 '18 at 20:20
  • @Moo Gayot was (of course!) completely correct that a visa approval doesn't automatically wipe the slate clean, but again after Sheik Paul got hassled at Heathrow, the second time at Belfast he was only held for 20 minutes and the officer said outright that they'd use their discretion to remove the stop flag. So again, it can wipe the slate clean if the Border Force decides on that, but it's never guaranteed to. – Crazydre Feb 03 '18 at 20:23
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    @Coke not to begrudge his name, but after reading all his posts and rants over the years, I don't exactly trust what Sheik Paul has to say on these matters. –  Feb 03 '18 at 20:25
  • @Moo Why would he make up such a thing as an officer telling him they'll remove a stop indicator though? Don't see any reason for him to do that unless that's what happened. – Crazydre Feb 03 '18 at 20:34
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    @Coke I'm not making this into a discussion, just saying I trust some people's comments on here more than others. –  Feb 03 '18 at 20:35
  • @Moo Again, what I'm saying is a visa will wipe the slate clean, while if going visa-free it's up to the Border Force whether it'll ever be done. So I'm not saying it makes no difference, just that the curse of a visa refusal won't necessarily remain in effect forever until a visa is obtained. – Crazydre Feb 03 '18 at 20:37
  • @coke what do you want from me? –  Feb 03 '18 at 20:39
  • @Moo Just countering the black-and-white claim that "being granted leave to enter at the border does not do anything to wipe the slate clean with regard to the refusal (so if you are granted entry this time, you will still be scrutinised on your next visit if you attempt the same thing)", as it isn't as dead certain as the way of putting it makes it appear. That's all – Crazydre Feb 03 '18 at 20:45
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    @coke good for you. –  Feb 03 '18 at 20:48
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    Thank you I’ll make sure to take more than enough evidence and hopefully it’s enough. Wish me luck ! :) – sabine Feb 05 '18 at 22:11
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    After I was detained for five hours, searched vigorously, locked in a room with no access to my things. They interviewed me and decided I was genuine and let me in. I even had asked if I could go home on the next flight. As far as wiping my slate clean, they didn’t gove me a chance to ask at all but thank you to everyone who helped. – sabine Feb 08 '18 at 01:50
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    @sabine Congratulations - I hope the delay wasn't too harrowing. Enjoy your trip! –  Feb 08 '18 at 08:24