24

On November 11, my American girlfriend flew over to the UK to visit me. She was detained and questioned, and refused entry under the belief she would not leave within those six months. This was due to her having no return flight booked, as we were going to wait until we were together in the UK to book a return flight for either herself, or both of us back to the USA once we decided what exact dates I would be able to travel. Lesson learned. A hard lesson, but we learned!

Anyway, they said although she'll flag up in the future, it won't be a straight ban from entering and she could even try to come back the next day if she so pleased, although it would be unwise if her circumstances had not changed.

Fast forward to December 18. She got herself a job in the States to prove she intends to leave at the end of her stay, and has since applied for a UK Standard Visitor Visa. She posted her documents off to New York earlier today.

Will they send her a letter back refusing to issue her a visa since, as an American citizen, she does not even need one? She wanted to get one to be safe as I told her not to fly to the UK even with return flights booked if she doesn't have a visa, as she risks being denied once again after a long flight. It's hard to get this information on the Internet, and some stories I read said that they were sent a letter back from the UK Embassy denying their visa simply because they don't need one in the first place - even after that person was denied entry.

We're in a bit of a pickle granted, so any help would be greatly appreciated.

Cheers.

8
  • 2
    "some stories I read said that they were sent a letter back from the UK Embassy denying their visa simply because they don't need one in the first place - even after that person was denied entry": people frequently misunderstand why their visa application has been refused, especially with the UK because the UK refusals are full of information, giving more opportunities for misinterpretation.
    – phoog
    Commented Dec 18, 2018 at 23:06
  • 2
    @HonoraryWorldCitizen you seem well placed to post a proper answer. It wouldn't have to say much more than has already been said in the comments.
    – phoog
    Commented Dec 18, 2018 at 23:07
  • 1
    My wife was served with a deportation order on her entry to the UK years back. In spite of having a return ticket in order to return to a Job she had..... UK immigration are nasty lot. On the upside though when she did return 5 months later and apply from the remote country for her settlement visa there were no issues.
    – nimbusgb
    Commented Dec 19, 2018 at 10:41
  • 1
    @nimbusgb UK immigration are nasty lot Ditto! The settlement visa is a different creature because a vital difference between that and a visitor visa is that there is no more having to overcome a presumption that you will overstay which is standard for the visitor visa. Settlement visa after all is for coming to reside permanently. Commented Dec 19, 2018 at 14:04
  • 1
    @Philbo It is...
    – Crazydre
    Commented Dec 19, 2018 at 15:07

1 Answer 1

31

Will they send her a letter back refusing to issue her a visa since, as an American citizen, she does not even need one?

No, they will either issue the visa or deny it. They will not send a letter saying she does not need one. American citizens are eligible to apply for and be issued visitor visas.

I also would not advise she flies to the UK if her visa is refused and attempt to gain entry as a visa-free national. Not advisable at all, read my personal experience. I am convinced if she does that she will be refused entry after her landing interview. She just started a job and appears desperate to enter the UK (from their viewpoint).

If you just submitted it yesterday, it has not been processed and I support @ Giorgio's suggestion that she withdraw the visa application

7
  • 4
    @LRuean while you have accepted this response, I would suggest your girlfriend seriously consider withdrawing the visa application. IMHO applying a month after a refused entry puts her at significant risk of being refused a visa, a serious ding on her UKVI record. Who gets a job and, within less 30 days of employment, allowed to take a vacation? If her visa application is refused, it may be a very long time before she'll be able to enter the UK.
    – Giorgio
    Commented Dec 19, 2018 at 14:42
  • 1
    @HonoraryWorldCitizen I wouldn't be as pessimistic. Read this: if they prepare her well she could very well be landed travel.stackexchange.com/questions/109194/…
    – Crazydre
    Commented Dec 19, 2018 at 15:07
  • She's applied for the visa. If she isn't successful then I'll just visit her in the States and probably end up getting married, something I didn't intend to do just so we can visit each other without a lot of hassle. I'll keep you guys updated on their response.
    – LReuan
    Commented Dec 19, 2018 at 19:05
  • 2
    After digging around and getting further advice, we decided it would be a wiser choice to wait until March or so before she applying for a visa, and decided to withdraw her application. This is because come March, she'd have been four months at her current job and would be in a better position to prove the job is not just for visa purposes. On a more happier note, I have a flight booked to the USA for one month which leaves on Boxing Day morning (Dec 26) along with a return flight.
    – LReuan
    Commented Dec 23, 2018 at 0:10
  • 1
    I am glad you heeded our counsel. March sounds good and barring something unforeseen, she should get the visa. Remind/help her to read the pointers (primarily those by Gayot Fow of blesssed memory) here about submitting a solid UK visa application so she avoids any pitfalls. Commented Dec 23, 2018 at 5:42

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .