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Discussion Starter · #1 ·
Hello my name is Darren and I am wondering if you could help me.

I'm not sure where to post this question. Hopefully here is fine?

I have been in a online relationship with an US girl for the past ten weeks. We've been skyping non-stop since we met so i'd like to meet her now. Before we started to date she had been in the UK for six months back in January 2016.

We started to talk back in July and she has an return ticket to the UK this September 30th although we've decided not to use that as it's to an airport miles away from me. We will buy her an return ticket to the US. I'm concerned that she has been in the UK too long this year and that she could be refused entry due to the immigration officer not believing she is an genuine visitor even thought we have plans to go places throughout her time here. We both wanted her to come for six months although now we're thinking three months. My personal concern is this quote “Genuine intention to visit; (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home". And also "must have sufficient funds to cover all reasonable costs in relation to their visit " although I will be supporting her while she stays with me. I am on Personal Independence Payment and Employment and support allowance.

Is it correct if she is refused she'll get a black X stamp in her pass port and then she'd have to keep applying for a visa? Also would she have to pay for the return flight back to her home?

Thank you for your help.
 

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When did she last leave?

If she stayed the maximum of 6 months during her last visit, she should plan to stay out of the UK for at least another 6 months from the date of her departure

She also needs to show compelling reason to return to the US, I'm guessing she isn't employed if she's able to take half-year holidays. That could be a problem
 
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Discussion Starter · #3 ·
Hello clever-octopus. Thank you very much for your quick reply. She came back the 2th of July. Yes I have read about this six months in and then six months out. Although my girl friend see it only as an recommendation and not law. Personally I feel we should go by it to protect her chances of becoming a uk citizen if things go well for us, although she wises to see me as soon as possibly. Where does this statement of staying out for six months come from please?

Her place of work did allow her to return although if she does leaves the US again for a long period of time this time they would most likely fire her. Although she would be able to find work again during her time away from me to gather more funds.
 

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Discussion Starter · #5 ·
Hello again. It's been awhile. Thank you again clever-octopus for your input. We waited six month and now she's coming 12th Jan 2018. So she's been out of the UK for 6 months and 10 days using convertunits.com. She will be coming for just under three months. I've told her which places will be visiting such as my local towns, zoos and other interesting places. So because we've set out what we're going to do will that cover the "genuine intention to visit"? Also she takes xanax for anxiety and i'm on clonazepam which are both benzodiazepine so we have memory issues. I'm worried one of us will slip up if we're both questioned even thought we'll be telling the whole truth. So if we both bring our prescriptions do you think the IO will be more understanding?

I've got a whole list of bookmarks of research into this but I haven't personally asked many questions. I hope you don't mind.

Thank you anyone who reads this.
 

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Your girlfriend obviously does not have strong employment ties to the US - she spent several months in the UK in 2017, and is now coming again and intending to stay for three months.

The border official will not be much interested in the medication you take; he will be interested in whether your girlfriend is a potential risk for overstaying and working illegally in the UK.
 
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Discussion Starter · #7 ·
Hello Crawford. She's currently working. She'll be working untill Jan 11th. She has $2000 of saving and I have £5000 and will be paying for her to stay. So will it help if we get a letter from her work stating she has a job? Thanks.
 

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Hello Crawford. She's currently working. She'll be working untill Jan 11th. She has $2000 of saving and I have £5000 and will be paying for her to stay. So will it help if we get a letter from her work stating she has a job? Thanks.
You say she will be working UNTIL Jan 11th. Is her current employer keeping her job open for her? If not, no point in having a letter.

Very rare for US employees to be able to take a three month vacation, so I'm presuming she is leaving her job.
 
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Discussion Starter · #9 ·
He has told her if there's still a spot for her to work there she'll be welcome back. So that wouldn't be good enough?
 

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Discussion Starter · #11 ·
Sorry I meant she went back to work there after being away from January 2016 to 2th of July. And has worked their since.
 

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Sorry I meant she went back to work there after being away from January 2016 to 2th of July. And has worked their since.
Do you mean from January 2017
 

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She has spent 6 months in the UK this year, 2017. She is now intending to return in Jan 2018 for another three months. This indicates no strong ties (such as ongoing job/accommodation etc) to the US.

If her current employer is prepared to write a letter stating that she has a job to return to then I think you should obtain this.

Personally, I think there is still a chance she will be refused entry, but that is a chance she will have to take.
 

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Discussion Starter · #16 ·
May I ask if she'd need to buy another ticket back home if she's refused? She's coming on a return ticket. I've found this but can't make sense of it due to my dyslexia;

https://www.united.com/web/en-US/content/contract-of-carriage.aspx

"Subject to applicable laws and regulations, the Passenger must pay the applicable fare whenever UA, on government order, is required to return a Passenger to his/her point of origin or elsewhere due to the Passenger’s inadmissibility into/or deportation from a country. The fare will be the applicable fare in effect at the time of the original Ticket’s issuance. Any difference between the applicable fare and the fare paid will be collected from or refunded to the Passenger, as the case may be. UA will apply to the payment of such fares any funds paid by the Passenger for unused carriage or any funds of the Passenger in possession of UA. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by UA unless the law of such country requires that the fare be refunded."

I've read on here; https://travel.stackexchange.com/qu...ir-ticket-when-a-country-refuses-entry-by-air That some airlines will allow you to simply use your return ticket.

Thank you.
 

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If she is refused entry into the UK, the return leg of her ticket will be used to send her back to the US.
 
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He has told her if there's still a spot for her to work there she'll be welcome back. So that wouldn't be good enough?
No, I don’t think that that’s really going to cut it. Your girlfriend’s boss could just as easily say “no” to her as “yes” in regards to her having her job back and without the guarantee of employment on her projected date of return to the US, the immigration officer may decide that, on the balance of probabilities, there is a good chance that she could be an overstay risk.

As Crawford has stated, not many employers in North America are necessarily willing to give so much time off to a regular employee. Add to that the fact that she’s already been here for half of this year and I think that she’s a good candidate to be sent back home on the next available flight back to the US.

Incidentally, if she’s refused entry next month and you go on to apply for a Fiancée or Spouse Visa for her to come to the UK to live with you, she will be required to declare it and give the scenario around the refused entry. If she doesn’t declare it, they’ll still know about it (from the hand cancelled stamp in her passport and the notation in the Home Office database) and there’s a good chance that the Visa application will be refused due to deception through the failure to declare the refusal. Also a refusal will also mean that paying for ‘priority’ processing is discouraged as the application will take longer than usual to process as the Home Office will more closely scrutinise the application and will want to make inquiries into the refusal... these checks take time and the Home Office is under no obligation to process the application within a specific set in stone time scale.
 
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Discussion Starter · #20 ·
Yes that make sense CanadianGirl. So it would need to be an guarantee of employment letter. ill have to get her to join this group herself so she can explain matters from her point of view. Thank you for making me aware that she'd need to declare the refused entry for an spouse visa. If we hit it off we'd get married soon after in Florida as it's easy and cheap.
 
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