My Canadian girlfriend is being detained at the airport and I don't know what to do

[Mumtobe25]

My fiance got to gatwick at 10:33 this morning she's from Canada and we were assures she would be able to stay here short term on a visitor pass before we got our civil partnership but now they're saying because she didn't intend to return because she has no where to go back to and are saying they're going to send her back to Canada. If anyone knows anything about Canadian UK fiance visas please help us.

You'll need the advice of an immigration lawyer.

What does her current fiancé visa say?

Does she have somewhere to go back to in Canada and evidence that she's planning to return?

I would call the Canadian Embassy in London and ask for their advice/help

Has she got a visa or has she tried to come in as a visitor? She might be sent back to Canada to apply for the right visa.
They might let her in for a couple of days before sending her back. Not going would be a mistake.

If she's entering on a visitor visa I'm fairly sure she needs either a return or onward ticket. I gather she doesn't have a partner visa yet?

Is she supposed to be here for a short while you get CP'd then her return back?

You were assured wrongly. You can only enter the country as a visitor if you are, in fact, a visitor. If she was intending on staying she would need a visa to do that so she needs to go back to Canada and apply.

BUT you need to be prepared that her application might be turned down because she has been refused entry into the U.K.

Info here

www.gov.uk/uk-family-visa

I doubt the Canadian High Commission will be able to help, because this is about British immigration rules.

Why was she unable to prove she would return if she was using a normal tourist visa for up to six months?

If she was not intending to return, then yes she needed to have entered on a fiancé visa which normally you apply for in country of origin. She may need to return and apply from Canada. Though according to link there is provision to extend/switch status once here.

I think you need a lawyer who specialises in immigration matters asap.

She will need a return or onward ticket for a visitor pass, this will prove/satisfy them that she's visiting. Can you buy her a return ticket? If you get one that has flexible date change you can then delay for up to a year.

I would buy a return ticket, she will then have to go back and apply for a spouse visa I would think if you get Cp in the meantime?

www.gov.uk/find-an-immigration-adviser

Don't chuck your money away on a return ticket. You buying a ticket now won't change anything.

Thankyou for all this support I've contacted an immigration lawyer and I'll be talking with them hopefully in 2 hrs and I really hope we haven't messed things up with this rejection of entry

Any news?

Think you need some proper immigration advice now to maximise your chances of getting your fiance into the UK in future now she has been flagged up. Good luck and tread carefully. Have you got proof of your relationship - longevity, time spent together etc?

Oops just seen you are pregnant - this must be really stressful for you! 🙁

So an update; She's been sent back to Canada but luckily friends came through online to support her so I know she's safe and more importantly has somewhere to stay.

I was beyond heartbroken but we're not giving up. We're working hard to work out the ins and outs of applying for the proper visa. the cheapest legal help we could receive is £500 now and £500 in monthly instalments after the Visa is processed I can afford this if I'm careful with my money I receive from my secondary school teaching bursary.

ongoing issues :
I'm having a hard time finding out what the actual cost of application for the visa is?

If the cost of the fiance visa is too high for us would it be worth trying to apply for some other visa that would allow us to live together for a couple of years then apply with the evidence of us sharing bills? Or will it be cheaper in the long run if we just go for the marriage?

Finally Bambambini sorry my username is misleading I mean I hope to be a mum one day I felt bad not stating I don't have a little one of my own just yet hence; Mumtobe25

I think the first hurdle you need to jump is whether she will be allowed back in to the UK. Often there is an exclusion period after a visa has been refused due to breach of visa conditions (in this case a stated intent to make a life in the UK, which is contrary to the terms of the visitor visa), which can be five or ten years. What paperwork did she get given in the airport when they confirmed that she would be sent back to Canada?

www.gov.uk/marriage-visa

It costs £87

You really do need good professional advice. Even if your other half applies for a fiance visa, you have to prove that you're earning enough to support you both, when she submits the application, since she cannot work in the UK whilst on a fiance visa.

If you were to get married in Canada, and then she applied (from within Canada) via the spousal route, she could then at least work in the UK right away, once admitted. Pretty sure you'd still need to meet the same income requirements, though, even if married, in case she cannot find work in the UK.

But, as stellato states, she might now fall into the 10 year ban having made a false representation to come here.

They changed the rules about a decade ago. You can't apply for that change of status while she's here; she has to apply from outside the country.

You need a good immigration attorney asap

i hope someone will correct me if i'm wrong but from what I've researched you will need to have saved 67K and have that money untouched for 6 months. apply for the fiancé visa then marry within 6 months.
but having been turned back i'm not sure how this will affect his/her application.

Any chance she has any U.K. Grandparents? That was always how I (& many Canadian friends) lived in England. www.gov.uk/ancestry-visa