Travelling to UK for short trip, visa expired

Corholio

My girlfriend and I are travelling to London next month, for a 1 day trip. She is from Brazil and has been here since late 2010 on a student visa. We have applied for a DeFacto relationship visa and that has been ongoing since October when she applied. Her visa expired in December, she was told that while she was waiting for a reply to the application that she has the right to remain here.

I have asked Immigration about the trip and they said they can't be sure what UK Immigration will do when we arrive at the airport to return, we fear that they may stop her returning to Ireland as her visa has expired.

Has anyone any advice or been in a similar situation before? The trip isn't extremely important so if we're not sure we won't go, but I'd like to know the options before this anyway.

By the way I couldn't find another appropriate forum to put this in, so move of course if required.

Victor

Does she have / need a visa for the UK?

Corholio wrote: »

Her visa expired in December, she was told that while she was waiting for a reply to the application that she has the right to remain here.

I imagine it is important for her to get this in writing. I don't know if it will be enough though.

Corholio

Victor wrote: »

Does she have / need a visa for the UK?

I imagine it is important for her to get this in writing. I don't know if it will be enough though.

She can travel in the EU, or least she could before the visa is expired. But yes I guessed it would be tricky, especially as the guy from Immigration here said they make decisions to keep people there all the time. Probably going to go to local immigration office and see what options are.

Pat Mustard

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/

aujopimur

Flying could be a problem, you'd have a better chance using the ferry.

Marcusm

At London airports (at least), incomng RoI (plus other common travel area) passengers are separated from other international passengers and do not pass any immigration posts. Technically, non CTA nationals do not benefit from the immigration exemption but this is not the basis on which it is applied. A friend of mine living in Dublin (but a non CTA national) came to visit me and having hunted down an immigration officer was surprised that he refused to read or stamp his passport. Like Brazil, he came from a country which does not require a visa for the UK but has 3 month entry entitlement.

Ont he return journey, there are no border posts or outbound passport scanning - other than the airline checking the ID to the boarding card. At many airports (esp Heathrow T1/T5 and GAtwick), outbound CTA passengers are photographed and those photos are rechecked prior to boarding. This is a security rather than immigration check.

The counterpoint to this is an in law of mine (Aus passport) whose Irish work visa had long expired but who remained working was stopped at Heathtrow while transiting back from North America. UKBA would not let them pass onto Ireland irrespective of the fact that they had a number of Irish entry stamps following cancellation of the work visa. She was shipped back to Oz on the next available plane.

Corholio

aujopimur wrote: »

Flying could be a problem, you'd have a better chance using the ferry.

This crossed my mind. Is there a big difference between the Ferry immigration controls and a plane one? Been ages since I was anywhere on a Ferry.

Just want to reiterate too that we're not trying to fool customs or anything, just to see if entry and exit from the UK would be allowed under the circumstances.

Corholio

Marcusm wrote: »

At London airports (at least), incomng RoI (plus other common travel area) passengers are separated from other international passengers and do not pass any immigration posts. Technically, non CTA nationals do not benefit from the immigration exemption but this is not the basis on which it is applied. A friend of mine living in Dublin (but a non CTA national) came to visit me and having hunted down an immigration officer was surprised that he refused to read or stamp his passport. Like Brazil, he came from a country which does not require a visa for the UK but has 3 month entry entitlement.

Ont he return journey, there are no border posts or outbound passport scanning - other than the airline checking the ID to the boarding card. At many airports (esp Heathrow T1/T5 and GAtwick), outbound CTA passengers are photographed and those photos are rechecked prior to boarding. This is a security rather than immigration check.

The counterpoint to this is an in law of mine (Aus passport) whose Irish work visa had long expired but who remained working was stopped at Heathtrow while transiting back from North America. UKBA would not let them pass onto Ireland irrespective of the fact that they had a number of Irish entry stamps following cancellation of the work visa. She was shipped back to Oz on the next available plane.

Thanks for the reply. I couldn't for the life of me remember how London airports were like when just travelling to and from ROI. The only thing is that I'm sure her visa would be linked to her passport so if they scan the passport, the expired visa may show up and cause problems.

ABajaninCork

Certainly at Gatwick and Heathrow, Immigration DO check passports. Even though you go through the special lane for RoI passengers, most of the time they give a cursory glance as most will be EU passports. Anything out of the ordinary, they will check.

Once saw an African man hauled out of the queue for questioning...

MadsL

I would not risk this OP, perhaps contact the British Embassy before the trip to clarify her visa position. However, UKBA are utter cnuts on the whole. By far the worse immigration agency to deal with in my (multiple) international moves.

Marcusm

ABajaninCork wrote: »

Certainly at Gatwick and Heathrow, Immigration DO check passports. Even though you go through the special lane for RoI passengers, most of the time they give a cursory glance as most will be EU passports. Anything out of the ordinary, they will check.

Once saw an African man hauled out of the queue for questioning...

Please let me know where on the green mile through terminal 1 at Heathrow you encounter immigration on a regular basis? There is a desk which I have seen occupied once on probably 100 or more flights? If you're speaking about departures, there is no ID check at that point. The check is a security confirmity of the photo taken at entrance to bag check/security screening area and the entry to the specific CTA area. This has existed only for the past 4 years or so since they removed the special entrance to the CTA departures area.

ABajaninCork

I don't lie. Don't remember exactly WHERE in Heathrow, as I don't go through there often. I usually go via Gatwick. But I was definitely stopped and asked to produce my passport.

Can't think WHY I was stopped...

ThreeLineWhip

The only possible check on arrival in the UK is a Metropolitan Police check which is 99.9999% vacant.

If you attempt to use the flight connections routes you will encounter immigration checks.

Procrastastudy

ABajaninCork wrote: »

I don't lie. Don't remember exactly WHERE in Heathrow, as I don't go through there often. I usually go via Gatwick. But I was definitely stopped and asked to produce my passport.

Can't think WHY I was stopped...

I've been stopped in Brum. Happens very, very rarely. However the UK do random immigration stops in London (wandering around not the airport) - kinda scary draconian stuff.

Marcusm

ABajaninCork wrote: »

I don't lie. Don't remember exactly WHERE in Heathrow, as I don't go through there often. I usually go via Gatwick. But I was definitely stopped and asked to produce my passport.

Can't think WHY I was stopped...

If it was Gatwick South terminal, incoming CTA and international arrivals commingle but there is a gate/stile to the side with a guy/gal to inspect your boarding pass; if you have one from a CTA origin, they just let you through. The passport desks, e-passport machines etc are about 50 feet away. Generally when you arrive on an Irish origin flight you'll see your fellow passengers heading for that gate/stile but there's nothing stopping you from heading to the passport desks. It's possible you arrived at the same time as lots of international flights and joined the bigger flow.

Marcusm

Procrastastudy wrote: »

I've been stopped in Brum. Happens very, very rarely. However the UK do random immigration stops in London (wandering around not the airport) - kinda scary draconian stuff.

I think you'll need to look up the meaning of "random"; have seen this lots especially around Stratford (although not during the games). It's generally quite apparent that there is little randomness although given the nature of the area, I suspect the results end up being quite random.

Procrastastudy

Marcusm wrote: »

I think you'll need to look up the meaning of "random"; have seen this lots especially around Stratford (although not during the games). It's generally quite apparent that there is little randomness although given the nature of the area, I suspect the results end up being quite random.

I'm well aware of what random means but I take your point.

ABajaninCork

Marcusm wrote: »

If it was Gatwick South terminal, incoming CTA and international arrivals commingle but there is a gate/stile to the side with a guy/gal to inspect your boarding pass; if you have one from a CTA origin, they just let you through. The passport desks, e-passport machines etc are about 50 feet away. Generally when you arrive on an Irish origin flight you'll see your fellow passengers heading for that gate/stile but there's nothing stopping you from heading to the passport desks. It's possible you arrived at the same time as lots of international flights and joined the bigger flow.

I didn't say Gatwick, did I? I told you Heathrow...

ABajaninCork wrote: »

I don't lie. Don't remember exactly WHERE in Heathrow, as I don't go through there often. I usually go via Gatwick. But I was definitely stopped and asked to produce my passport.

Can't think WHY I was stopped...

I know where I'm going at either airport. Being a Londoner, I go home quite often. I can hazard a guess at WHY I was stopped at Heathrow. I've seen it happen enough times. There aren't many black people going from London to Ireland (Cork). I've been stopped at both ends, although it's only happened once in Cork. (Immigration man was an ignorant pig whom I should have reported). Once I produce the UK passport, then no problem!

the_syco

ABajaninCork wrote: »

Can't think WHY I was stopped...

Do you look foreign, and/or have a good tan?

ABajaninCork wrote: »

There aren't many black people going from London to Ireland (Cork).

Ah. It's probably cos you is black. Maybe wear a suit next time? That would confuse the racists :pac:

=-=

OP; she may have a problem if sh|t happens, and she has to explain what right she has to be in the country. As the visa is only out a month, she should be okay, but it'd be best if she got some sort of letter clarifying this.

ABajaninCork

Completely mad, I agree. Born and raised in London, and NEVER had a problem. The minute I moved over here, I get stopped at least twice a year!!

That's why I think the OP has a problem. Might be better to put off the trip if they can until the visa is sorted. One of the people you don't want to upset is the UKBA, believe me!!

Marcusm

ABajaninCork wrote: »

I didn't say Gatwick, did I? I told you Heathrow...



I know where I'm going at either airport. Being a Londoner, I go home quite often. I can hazard a guess at WHY I was stopped at Heathrow. I've seen it happen enough times. There aren't many black people going from London to Ireland (Cork). I've been stopped at both ends, although it's only happened once in Cork. (Immigration man was an ignorant pig whom I should have reported). Once I produce the UK passport, then no problem!

Not sure how to take your first comment as you then quoted the part that said you usually go through Gatwick.

At Heathrow T1, it's absolutely clear that you can't go through immigration. In fact, unless they bring up a bus to the back of the plane for connections, you have to fully exit into international departures and go back through again for a connection. Again, no immigration whatsoever. I'm doing the trip in the opposite direction for 17 years!

As regards immigration in Ireland, I refuse to provide ID.

Corholio

Thank everyone for the advice. Have decided to almost certainly not chance it and put it off. No point risking it for a non-important visit.