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Airport Immigration Problem

Only for UK Tier 1 (Entrepreneur) points system

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

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Tue Jan 03, 2017 5:06 pm

Momi wrote:It's not possible to get all details from hmrc in bank holidays.
Modern online IT systems can work 24*7 apart from during scheduled maintenance periods. It doesn't have to rely on someone being there 'at the other end'.
(The information may not be synchronised or up to date or accurate but that is another matter).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

nasiaziz
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Re: Airport Immigration Problem

Post by nasiaziz » Tue Jan 03, 2017 5:28 pm

theres no way they can prove you wrong if you have submitted paye vat and company tax returns properly and paid all taxes i dont understand how can he say that 99% documents are false it looks to me that he tried to pressurize you.all you need is to be confident and to know your business well if your genuine.

ukbiz
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Re: Airport Immigration Problem

Post by ukbiz » Tue Jan 03, 2017 10:55 pm

This is OUTRAGE !

Hellostar, You have already satisfied the HO with the genuineness of your business/entrepreneurship as you have successfully extended your Visa in recent Past.

The immigration officer abused his power with baseless claim that he thought your documents were false, that means he also think the case worker was also a CLOWN who was satisfied with you extension application ?!

As you have nothing to lose now, I suggest you follow all three options below;

1) I strongly advise you should contact HO complaint department and send a FIRM email with your HO reference number explaining your grievances(with a strong feeling that you have been treated unfairly) as you have already proved your genuineness during extension application.
see the link below:
https://www.gov.uk/government/organisat ... -procedure
If you make a very serious complaint we may refer it to the Home Office’s professional standards unit who will write to you and inform you that they are handling your case. If you’ve made a complaint about serious professional misconduct, the investigators will tell you the outcome.

2) Contact a good solicitor who has experience in dealing with same situations as yours

]3) Contact your local MP as well to explain how unfairly you have been treated.

I am also astonished by some of the members suggesting the Immigration officer doubt was triggered by a problem in your communication / English , if the entrepreneur has already satisfied his English language requirement according to immigration rule then this claim is baseless as you can not expect an immigrant to speak fluent and flawless English neither this required by T1 immigration rules to speak and communicate like a native !

You must be under a lot of undue stress but be confident and positive as you are genuine.

I wish & Pray for your success.

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Zimba
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Re: Airport Immigration Problem

Post by Zimba » Wed Jan 04, 2017 12:01 am

I am also astonished by some of the members suggesting the Immigration officer doubt was triggered by a problem in your communication / English , if the entrepreneur has already satisfied his English language requirement according to immigration rule then this claim is baseless as you can not expect an immigrant to speak fluent and flawless English neither this required by T1 immigration rules to speak and communicate like a native !
- Having poor English communication skills is not a crime, Tier 1 rules do not require a very high standard of English and that must not be a basis for being harassed at the border or denied entry. However it can work against you at the border. I know many cases which this was simply the case (even for visiting tourists!)

- I also agree that these rare incidents need to be reported to the Border Force complaint department, particularly given that it involved serious accusations and constant threats of deportation to a legal resident. Of course if the officer made those accusations and threats at whim, then surely it is outrages and disgusting and should be investigated by the Border Force.

- Lastly, it is really difficult for us to make a judgement on this as we have very limited information on what happened and what kind of information the officer obtained that made him to make such a call. Again, I hope things turn out to be okay at the end, with a positive outcome.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Meesha
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Re: Airport Immigration Problem

Post by Meesha » Wed Jan 04, 2017 12:02 am

Hellostar; This is a real shame what that man does to you.
Dont worry it can happen with nayone though very rarely.
Get your documents ready. Take them with you. Get ready to explain what your employees have done i:e there duties etc as he was concerned about employees. If you have paid all the taxes, he cant claim you did not. MAke a call to HMRC and confirm details. Take your annual returen, business bank statements etc. I dont see any way that he can prove you wrong provided you have been given extension on the basis of same documents. Your absence cant be a big deal. I had been away for 3 months and were not asked any questions.

sm12
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Re: Airport Immigration Problem

Post by sm12 » Wed Jan 04, 2017 8:25 am

Very sorry to hear about this. It is best to hire a solicitor after what happened.
Take important documents like latest accounts and employee documents.
All the best. Will pray for you.
Did this happen at Heathrow? I have only heard of such incidents taking place there.

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Wed Jan 04, 2017 8:47 am

ukbiz wrote:This is OUTRAGE !

Hellostar, You have already satisfied the HO with the genuineness of your business/entrepreneurship as you have successfully extended your Visa in recent Past.

The immigration officer abused his power with baseless claim that he thought your documents were false, that means he also think the case worker was also a CLOWN who was satisfied with you extension application ?!

As you have nothing to lose now, I suggest you follow all three options below;

...
Language skills and body language as well as general demeanour and attitude are a big component here.
BF officials and guards are charged with defence of the borders if not the realm.
Something must have triggered an intervention.
If for no other reason a busy IO would surely not take on the paperwork for a trivial reason.

A visa is not a cast-iron guarantee of entry into a country.
Even ILR does not grant that.
And visas may be revoked by IOs.

If you want to see a power trip try sitting on a plane that is swarmed by US immigration officials.
UK chaps are pussycats in comparison.

Whatever the merits of this case, and who knows it may have been a routine check, a mistaken id or some radar blip from the OP's past history, the IO is entitled to do their job.
And visaholder is entitled to humane treatment as per the law.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

hamalt66
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Re: Airport Immigration Problem

Post by hamalt66 » Wed Jan 04, 2017 10:01 am

The whole incident doesn't make sense. Would be understandable if you were a visitor or a tourist!!! Perhabs a mistaken identity issue!!!?

ishfaqsangra
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Pakistan

Re: Airport Immigration Problem

Post by ishfaqsangra » Wed Jan 04, 2017 10:27 am

As per OP "checking the pockets of kids" assuming/considering non-genuineness of being an entrepreneur" is totally rubbish and should not be encouraged at all,,,,,No body can feel that pain other than the OP,,,All my sympathies and prayers for you Hellostar.

I have been out for a Month, she just asked me who you work for and I replied I do not work for anybody ,have my own consultancy company and that's it.So the questions could be tricky ones.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Wed Jan 04, 2017 10:41 pm

ishfaqsangra wrote:As per OP "checking the pockets of kids" assuming/considering non-genuineness of being an entrepreneur" is totally rubbish and should not be encouraged at all,,,,,No body can feel that pain other than the OP,,,All my sympathies and prayers for you Hellostar.

I have been out for a Month, she just asked me who you work for and I replied I do not work for anybody ,have my own consultancy company and that's it.So the questions could be tricky ones.
I felt that pain when they were checking my son like he is criminal he is just 3 and half years,,,,,

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Wed Jan 04, 2017 10:45 pm

zimba88 wrote:
I am also astonished by some of the members suggesting the Immigration officer doubt was triggered by a problem in your communication / English , if the entrepreneur has already satisfied his English language requirement according to immigration rule then this claim is baseless as you can not expect an immigrant to speak fluent and flawless English neither this required by T1 immigration rules to speak and communicate like a native !
- Having poor English communication skills is not a crime, Tier 1 rules do not require a very high standard of English and that must not be a basis for being harassed at the border or denied entry. However it can work against you at the border. I know many cases which this was simply the case (even for visiting tourists!)

- I also agree that these rare incidents need to be reported to the Border Force complaint department, particularly given that it involved serious accusations and constant threats of deportation to a legal resident. Of course if the officer made those accusations and threats at whim, then surely it is outrages and disgusting and should be investigated by the Border Force.

- Lastly, it is really difficult for us to make a judgement on this as we have very limited information on what happened and what kind of information the officer obtained that made him to make such a call. Again, I hope things turn out to be okay at the end, with a positive outcome.
Hi zimba i met few solicitors and nobody advised me to make this complain dont know why , while personally i think i should make a complain. hope everything will be ok but i am very tense

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Wed Jan 04, 2017 10:53 pm

Hi guys thanks for all your concerns and all your suggestion , i met few solicitors and took advices, one of them said go for interview with all paper work if they take decision against you on that day then we will do Judicial Review on the same time. One solicitors said we will send a later of Pre Action Protocol with all Ground if they agree to send the passport if not then we will go for JR.
I am confused whether i should go for interview first and wait what happened on interview day or should i send PAP letter now before interview .And let me tell you guys i have received a letter today from Border agency that my interview date has been postponed to march now and letter further mention the list of all the documents i need take with me
so what do you think guys about this letter why they extend my interview date and whether we should go for JR.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Wed Jan 04, 2017 10:59 pm

Hi guys thanks for all your concerns and all your suggestion , i met few solicitors and took advices, one of them said go for interview with all paper work if they take decision against you on that day then we will do Judicial Review on the same time. One solicitors said we will send a later of Pre Action Protocol with all Ground if they agree to send the passport if not then we will go for JR.
I am confused whether i should go for interview first and wait what happened on interview day or should i send PAP letter now before interview .And let me tell you guys i have received a letter today from Border agency that my interview date has been postponed to march now and letter further mention the list of all the documents i need take with me
so what do you think guys about this letter why they extend my interview date and whether we should go for JR.
hellostar

Jazz2007
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Re: Airport Immigration Problem

Post by Jazz2007 » Wed Jan 04, 2017 11:25 pm

hellostar wrote:Hi guys thanks for all your concerns and all your suggestion , i met few solicitors and took advices, one of them said go for interview with all paper work if they take decision against you on that day then we will do Judicial Review on the same time. One solicitors said we will send a later of Pre Action Protocol with all Ground if they agree to send the passport if not then we will go for JR.
I am confused whether i should go for interview first and wait what happened on interview day or should i send PAP letter now before interview .And let me tell you guys i have received a letter today from Border agency that my interview date has been postponed to march now and letter further mention the list of all the documents i need take with me
so what do you think guys about this letter why they extend my interview date and whether we should go for JR.
hellostar

You have to go for interview and clear yourself,
Interview postponement could be adminitrative process.

Why you want to go to JR when you have clear chance of clarifying yourself in interview.

Honestly,Solicitors just want to make money out of everything...Huh

Mrchaany
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Re: Airport Immigration Problem

Post by Mrchaany » Wed Jan 04, 2017 11:28 pm

What kind of documents that asked you to bring
Strong commitment, extreme faith and honesty will recognize your existence.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Wed Jan 04, 2017 11:34 pm

Business2business wrote:What kind of documents that asked you to bring
bank statement, money transfer proof from back home, employee details like CV, contracts,job advertisement proof, clients details clients contracts, invoices for money coming into account, invoices for money going out from account.

Mrchaany
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Re: Airport Immigration Problem

Post by Mrchaany » Wed Jan 04, 2017 11:47 pm

Everything is possible if want to provide in two months time.
Some are possible but few like funds transfer from back home .
And job advertisment if your have.

FSD
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Re: Airport Immigration Problem

Post by FSD » Wed Jan 04, 2017 11:58 pm

It seems they want to apply genuine entrepreneur test because the documents required by them shows they are not satisfied with your business credibility. I think you must prepare well and attend interview but with the backing of strong solicitor in case anything goes wrong. I can understand your situation and pray you but please do not get panic. Try your best and i am very much sure about the positive results.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 12:45 am

Business2business wrote:Everything is possible if want to provide in two months time.
Some are possible but few like funds transfer from back home .
And job advertisment if your have.
i have all the confirmation receipt for transfer money from back home but i dont have job advertisement as it wasnt required in policy guidance when i applied and i found my employee from word of mouth...

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Zimba
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Re: Airport Immigration Problem

Post by Zimba » Thu Jan 05, 2017 12:54 am

Hi zimba i met few solicitors and nobody advised me to make this complain dont know why , while personally i think i should make a complain. hope everything will be ok but i am very tense
You should complain as a legal resident, particularly describing how your kids were treated.
For the interview, take as much evidence as you have and explain why you cannot produce random evidence they demand.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 1:03 am

zimba88 wrote:
Hi zimba i met few solicitors and nobody advised me to make this complain dont know why , while personally i think i should make a complain. hope everything will be ok but i am very tense
You should complain as a legal resident, particularly describing how your kids were treated.
For the interview, take as much evidence as you have and explain why you cannot produce random evidence they demand.
I will make complain after taking some advice and do you think should i go for PAP letter and then JR before interview

Asimnasimkhan
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Re: Airport Immigration Problem

Post by Asimnasimkhan » Thu Jan 05, 2017 2:02 am

Dear hellostar

First of all you don't need to worry to much have faith and belief
as long as you are genuine and your paper work is right you need not to worry secondly prepare yourself accordingly with respect to your business plan and if you made investment by Director loan make sure your agreement is properly designed according to your investment with investment payment summary and dually signed by you as director and investor also ask your accountant if possible do get your account audited and if you can by passing resolution you can convert your Director loan to share capital get your share certificates from companies house and it should reflect in your accounts accordingly and get your accounts audited that will shut there mouth once for all in term of investment secondly make sure you have the signed contract copies of your previous and recent employees with there job description and designation properly mentioned with p60 p45 and signed copies of payslips with full payment summary report make sure you have copies of all Ct600 corporation tax documents and paye payment receipts and if you have running contracts make sure keep with them uptodate and also about services you provide them with method or modes of payment define
Remember that noone can get an excess to Hmrc records its not easy at all especially if you are limited company director and you have limited company it makes it even hardar i will share the legal document of hmrc which is about the Memorandum of understanding between hmrc and Ho in that document it is well defined that getting excess need months and months with only particular people with specific purpose can ask for only certain information which need written request by Seo stature person not ordinary caseworker or immigration officer so you perpare yourself without been worried You invest in economy and you are tax payer its not that easy to curtail without proper justification as long as you didn't do anything wrong and you are not involved in any sort of felony.
[/i][/b]
hellostar wrote:Hi guys
I have very serious issue last night immigration officer asked me many question and he felt I am not geniune entrepreneur and he I got my visa extended interview he took 5 hours and checked everything and he said I cant your interview at the moment as you have family and they look not well. and that officer just kept saying I am not satisfied with everything whatever you are saying and he kept saying I have checked all HMRC and Company house and I found 99% false documents.
But I have been paying all my taxes VAT and PAYe everything is update . It seems he doesn't want to be agreed and in the end he said he will take interview after 20 days and if he is not satisfied we will be deported on the same day.
Could any one help regarding this what should I do and my 10 years will be completed in October this year.and he said you will be released for 20 days and this is temprory released and this breaks your continuity as well for 10 years
don't know what to do, he said he will investigate with my previous employees as well
please help any suggestion thanks

FSD
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Re: Airport Immigration Problem

Post by FSD » Thu Jan 05, 2017 2:39 am

So many advices for you but i think best solution is competent solicitor who not only can give you advice but also legal backing in case of any problem. Please do not hurry if you have time (as you said that interview has been postponed by IO) because any wrong step can let you down. Listen to everyone but act according to expert (solicitor) advice. Why you directly want to go for JR because you have the choice to attend the interview first and try to sort out this issue and if needed then go for JR. Please do not entirely rely upon people suggestions because situation is not normal and you need very strong legal backing to handle this. In the mean time you should gather all relevant documents to prove your stance. An accountant and solicitor can work together to align all relevant required documents. Senior members can guide you in this regard.
Secondly you said that some documents cannot be supplied like you hired employees by Word of mouth, for this you must have some solid answer in your mind. Do not pin point things and if they ask then you can reply a reasonable answer. Make a list of all required documents and a list of all possible questions can be asked by IO then work on it.

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 8:59 am

hellostar wrote:
zimba88 wrote:
Hi zimba i met few solicitors and nobody advised me to make this complain dont know why , while personally i think i should make a complain. hope everything will be ok but i am very tense
You should complain as a legal resident, particularly describing how your kids were treated.
For the interview, take as much evidence as you have and explain why you cannot produce random evidence they demand.
I will make complain after taking some advice and do you think should i go for PAP letter and then JR before interview
Official complaint.
PAP.
JR.
Barristers.

Its a routine interview! The IO is doing her/his job.
Your job is to fulfill visa requirements and be able to prove it.

If worst happens by all means review options.
Even file a complaint, through proper channels, if you feel aggrieved or have a legitimate issue.
However if you travel much you should realise all passengers may be searched.

You should already have a Plan B for every eventuality as T1 gives no tenure in UK.
  • What if family emergency back home;
    What if business fails;
    What if health issues crop up;
    What if you decide Canada is better bet;
    What if visa is curtailed
etc etc.

But find out what you're up against first.
A PAP or JR to review an interview invitation is a joke.
As I read your initial post the IO agreed to postpone interview for your benefit due to concern over welfare of family - rather than doing it there and then.

Do the interview, represent your business - sort it out.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 9:20 am

Hi Noajthan
I will speak about the complain option with my solicitor which i still havent dont yet i didnt know about this., i dont have any other option unfortunately , and solicitor is saying best option is to go for PAP first then JR and other solicitor is saying go for interview if anything happens then we will do JR there ... totally confused what to do

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