ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

US citizen, denied entry, deported, appeal help

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
Justin_mac
Newly Registered
Posts: 2
Joined: Tue Apr 15, 2014 12:59 pm

US citizen, denied entry, deported, appeal help

Post by Justin_mac » Tue Apr 15, 2014 1:16 pm

Hello, I am, looking for some help. I am a US citizen, I was in England for 6 months on a visitor visa. After 6 months, I went to Prague for a CELTA course and spent 6 weeks here. I applied for a general visitor visa at the Consulate and they claimed I didn't have enough documents to obtain a visa, but told me "you don't really need one" and said they would return my passport without stamping it "refused" if I didn't ask for a refund. I figured I was all good to return to the UK. At immigration at Leeds-Bradford, I was denied entry and returned to Prague. They told me I was not visiting, but trying to live in the UK. I am not trying to live in the UK, my UK fiancée and I are both moving to Hong Kong in August and I was just trying to avoid being separated from her. I am trying to find out if I would be able to successfully appeal this decision. Thanks in advance for ANY help. Sincerely, Justin.

User avatar
Casa
Moderator
Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Re: US citizen, denied entry, deported, appeal help

Post by Casa » Tue Apr 15, 2014 2:26 pm

Unfortunately, the Entry Officer would have taken the view that you should be refused on the following (Modernised Guidance Immigration Rules)
 intend to live in the UK for extended periods through frequent or successive visits

Previously the Rules actually stipulated that on a visitor visa, no longer than 6 months (180 days) could be spent in the UK in a 12 month period. This is now at the discretion of the Entry Officer. Popping in and out, in this case a 6 month stay, 6 weeks away and an intended stay until August would flag up as more than simply visiting...especially with a fiancée living in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 10:56 pm
Location: UK

Re: US citizen, denied entry, deported, appeal help

Post by MPH80 » Tue Apr 15, 2014 3:01 pm

And it has to be said - as an objective outsider ... to have been intending to spend a year - minus 6 weeks - in the UK - I'd call you a resident and not a visitor.

Justin_mac
Newly Registered
Posts: 2
Joined: Tue Apr 15, 2014 12:59 pm

Re: US citizen, denied entry, deported, appeal help

Post by Justin_mac » Tue Apr 15, 2014 3:09 pm

So an appeal would be pointless?

User avatar
Casa
Moderator
Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Re: US citizen, denied entry, deported, appeal help

Post by Casa » Tue Apr 15, 2014 3:34 pm

Afraid so. :(
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Locked
cron