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Would I have permission to go back to UK for a few weeks, after 6 months (post Youth Visa expiry), had passed? Notes: I have never overstayed in any country, I have never been refused entry in any country, I have never had any visa or entry questioned or refused.

Also, would I get a stamp - arriving from Europe?

I want to do things the right way.

I am told if I go to UK from Rep. of Ireland now after 3 months (post Youth Visa expiry), I wouldn't be eligible for more than 7 days - that's fine. So when AM I be eligible to visit for longer? Further Notes: I established a UK company Dec 2015. I would want to visit in the coming two weeks to prepare my business tax and undertake UK consultancy advice. Whats the best route to take to get there to not affect future entries or raise concerns? i.e. arrive from Repbulic of Ireland or Europe and declare arrival? Advice required. No sarcastic comments please! I have had my fill!!

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    no i was advised to submit this specific question. see comments in that question . – user52552 Oct 18 '16 at 1:25
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    I’ll admit I also immediately twitched on the close as duplicate button. – Jan Oct 18 '16 at 1:30
  • It;s not a duplicate, the OP is asking about leave-to-enter. – Gayot Fow Oct 18 '16 at 3:25
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You are in the Republic of Ireland and contemplate a visit to the UK. Importantly, you have recently completed two years in the UK under the Youth Mobility Scheme. This is a well-known pattern with YMS people, more about that later.

Your first option is to take a ferry or flight from the Republic to the UK. We went over this in How long before I can re-enter the UK after Youth Mobility?. Movement within the Common Travel Area is regulated differently and imposes various constraints and restrictions that some find arcane, but they are nonetheless rules. There is nothing more that can be added to this strategy other than what's already pointed out. You can be in the UK legally for 7 days. Some YMS people ignore this restriction and the enforcement side tells us that it's troublesome to detain and remove these people when they finally get caught, and that's why Immigration Officers worry about it and hence 'well-known pattern'.

Your next option is to "channel hop". This involves leaving the Common Travel Area altogether and entering the UK as a fresh arrival. In this case you will have an inspection per the Immigration Act 1971, more commonly known as a "landing interview". Three things can happen as a result of your landing interview...

  1. You get stamped in for 6 months, this is the most common outcome;
  2. You get 'temporary admission' for a period which ranges from 24 hours to 15 days (this is a medium bad thing); or
  3. You get 'bounced', or more formally, 'removed' (this is a catastrophically bad thing)

The final option is to apply for entry clearance from within the ROI. This involves filling out an online form just like you did when you applied for the YMS. If it's approved, you will get 6 months with no hassles at the border. It would also be extraordinary because you're a non-visa national already inside the CTA. I would bet the chances of refusal to be about 98% because you are trying to build up a life in the UK, at least on paper.

Those are your options. All of these have advantages and disadvantages and selecting the 'best one' is something only you can do. The specific rule you are up against is laid out in Appendix V, Paragraph 4.2 (b)...

V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:

  • (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and

And to be fair, your narrative fits this rule. It's pretty much what you are trying to do. So as soon as the IO spots your YMS visa and then finds out you have been in the ROI the whole time alarm bells will sound and he will get worried. This will take the form of an aggressive "grilling" that people find unpleasant. And when they find out you have a bf in the UK they will get visibly upset and bring the duty Chief in on the interview. If, and when the duty Chief is brought in, you will need to very, very careful. Some people miss the importance of this part and just continue their rant. The outcome will depend on your personal impact and articulation skills, some people succeed and some do not. We have a modest, but authentic cross-section of removals in the site's archives.

Notes...

The Youth Mobility Scheme is a Tier 5 visa within the Points-Based System. Tier 2 visa holders have a regulated cooling-off period, but this is for T2 only and does not extend to Tier 5.

  • Thanks for that Gayot Fow. So I want to propose the following to you, all of which is genuine: 1. When I was in the UK I got diagnosed with a cancer which is treatable and which I have to monitor. I recently had some upsetting symptoms which, are probably benign but better to be safe than sorry. I have private health insurance and travel insurance which covers this - at no cost to Republic of Ireland or UK. I have just submitted an extension request to ROI on these grounds - enclosing Dr and Medical report confirming this and the recommendation from Cervical Cancer unit UK, to take appointmen – user52552 Oct 18 '16 at 23:34
  • Further - if the ROI approve this medical/compassionate leave to stay for a few weeks just to undertake those appointments (as mentioned at no cost for them - its insurance covered and out of pocket for me). Then I'd probably not bother with UK until December (which means Id try for entry via Visa Application online). When I apply, that would be 5 months id been out of the UK. My reasons for returning (if i got to see dr in ROI), would be to finalise personal tax with HRMC post YM exit, gain advice on UK business tax template from UK accountant and see bf. – user52552 Oct 18 '16 at 23:37
  • The visa would have an exit date - Id ask for permission to be in uk from 1st Dec to 1st Feb. Now in the case that ROI dont allow me to extend, I would intend to put it in my uk visa application about wanting to obtain private medical treatment - and enclose former uk dr notes and diagnoses. As mentioned, at no cost to NHS - all private and with travel and health insurance. In this application I would ask for 4 months, in the event that I may need minor procedure done. Of course Id rather go to UK, for support from bf. But ROI is ok too, as have a friend here. – user52552 Oct 18 '16 at 23:42
  • My question is, would it be better to wait until its 6months - i.e. apply for a VISA to enter in January? I have been reading about the 6month mark in a few travel advice forums (im all over a few advice lines!). I also read that once the 6 month mark comes up, being Australian, I should not bother with applying and paying for a VISA - given that legally I do not have to do that. I am entitled to arrive without a visa prepared, though if under 6 months, im aware its a safer bet to have a VISA pre-prepared in the event of questioning about intent and purpose of visit. – user52552 Oct 18 '16 at 23:45
  • Regarding any potential interoggation/questioning series from immigration I must cleary say now that I don't have anything to hide. One reason for me not returning to Australia is I come from an abusive family and actually have that in writing from a pyschologist I saw in the UK. Given my health situation, its actually counterproductive to me to return to them at this time. While thats not the UKS problem, the truth is Im entitled to travel so long as follow rules and have enough savings and satisfy immigration internationally. – user52552 Oct 18 '16 at 23:47

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