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Discussion Starter · #1 ·
Hi all,

My sister's YMS Tier 5 visa has expired and she returned home to NZ mid May. She was returning home as her work was looking into sponsoring her however given the oversubscription of Tier 2 visa's this month my sister unfortunately did not have the right number of points and the Home Office refused to assign a Certificate of Sponsorship.

My sister is looking to come back to London in mid July (being away for 2 months) to complete travelling we had planned, go to festivals that we had booked and sort her belongings out as we thought she was coming back.

We have heard that those tying to re-enter after their YMS visa has expired can have trouble getting back in as they think you are trying to settle illegally. My sister will defnitely be returning to NZ and is setting up interviews for jobs at the moment, has a trip planned to AUS in September so she definitely isn't looking to stay. She has her P45 from her work and an email from her HR department advising that her CoS application was unsuccesful and saying they will not be pursuing any further sponsorship and wishing her the best of luck for the future.

I wonder if anyone could give advice on the likelihood of her having trouble getting in.... Should she advise the immigration that her application for a CoS was rejected... Does this sow on her immigration record? I advised her to be honest with them and show the proof of her travel and ties to going back home but we just wanted a bit more advise.

Thanks,

Lauren
 

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As long as she didn't overstay her previous visa, there is nothing untoward about returning as a visitor. She is well advised by you to have proof of ties to NZ (housing, studies, employment), proof of funds to accommodate her stay in the UK, and of course, a return ticket to NZ. I might suggest also bringing receipts for tickets to festivals that were previously booked. There is no need to bring up the rejection of CoS, it's not an immigration record. I would definitely avoid the subject of her attempt to stay on in the UK through employment.

It's hard to say what the border force officer will think, and her lack of ties to NZ may be an issue, but I can't be confident of that. However, they are well aware that people in your sister's situation have developed friendships based in the UK, and that's a legitimate reason for a visit. Good luck :)
 

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Discussion Starter · #3 ·
Hi Cleveroctopus,

Thanks so much for your reply!
Hopefully it will be ok for her to re-enter, the only thing I worry about is if they ask her why she went home and then came back without mentioning the application for CoS being rejected! Will have to have a chat with her about that!

Will ensure she has all the documents to show her plans and also that she has enough money etc. Do you think I need to send her an email inviting her to come and stay with me?
My parents could also write a letter advising she will be living at home when she return.

Thanks!
 

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If she's staying with you, you should give her a letter of invitation which describes where she'll be staying (your home address), length of stay, and your contact details. My now-husband wrote me letters that were something like "To whom it may concern, my partner [name] will be staying with me at my home address at [address] from [start date] to [end date]. Please feel free to contact me at [phone number and email address] if you have any questions. Yours sincerely, [husband]". I've never been asked to produce it, but I know of a couple of people who have (and the border force officer DID actually end up calling the partner!)
 

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Address the letter to: Entry Clearance Officer.
You should also mention that you are meeting all/most of the cost of her stay, with free board and lodging etc. Recent bank statement or payslip showing you have disposable income to maintain her will be useful too.
 
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