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My fiancé has been refused an application for an Extension of Leave under the provisions of the Tier 1 (Entrepreneur) scheme.

He left the country 7 days after receiving the refusal notice so he didn't overstay.

He has Australian passport. Can he go back to UK as a visitor?

Are there any specific requirements/risks?

Thank you in advance.

  • The obvious risk is that Immigration may not believe that he is returning purely as a visitor; they may suspect that he is returning to continue his business interests and/or settle in the UK with you as his fiancée. How long is he intending to return for, and what ties can he demonstrate to Australia if asked? – Traveller Oct 29 '18 at 14:44
  • Welcome, Maria. How long was he in the UK and under which Tier 1 category? – Giorgio Oct 29 '18 at 14:46
  • Thanks both. He was in the UK under Tier 1 Entrepreneur (he was initially under the Youth Mobility one). He was only planning to go back to UK for a few weeks and buy a return flight. What are the risks if he gets refused entry at the border? – Maria Oct 29 '18 at 14:50
  • @Maria A refusal of entry is very likely to make future international travel more difficult. For example, he’ll have to disclose it if asked when applying for a visa. It may also mean entering the U.K. visa-free becomes impossible. There are obvious financial risks - he’ll have to buy a return ticket at short notice, for example. Why was his extension request refused, and when? – Traveller Oct 29 '18 at 15:01
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    He might be okay BUT still very risky: while he left the country, leaving behind possessions (pack, collect stuff) can suggest to an Immigration Officer that he's not being honest about his intentions. He might be better off making arrangements for his belongings to be sent to him (and far less expensive in the long run). – Giorgio Oct 29 '18 at 15:42
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Can he go back to UK as a visitor?

Yes he can, nothing in the law/guidance prevents him from.

Are there any specific requirements/risks?

Yes there are risks and heightened suspicion from immigration and UK Border Force however not much different from anyone who previously had a dust-up with UK immigration particularly since he did not overstay.

He can apply for a visitors visa (typically the preferred panacea recommended here with less stress), or he can choose the visa free route like I did and be ready and well prepared with ample documentation to overcome the inevitable grilling ahead.

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