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Airport Immigration Problem

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 9:23 am

Asimnasimkhan wrote: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
Hi Asim thanks for your reply
i have all the documents thats why i got my visa extended but the only problem to go on interview like question he did with me that which Schedule NI you are paying to your employee is it Schedule 1 or Schedule 2 i said i dont know its accountant works not mine , and he replied as a businessman you should know this i replied i pay to accountant for all these jobs why should i know this. and he didnt even listen to me so i am thinking if in interview if they do question like this and make this as a reason for my detaintion or deporting it wont make sense wont?
thats why i am totally confused what to do

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 9:24 am

hellostar wrote: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
Preparing legal action against an unknown target for unknown purpose is a costly distraction from preparing for interview and from running business.

Suggest clear interview and hopefully get back to normal afterwards.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

hellostar
- thin ice -
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Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 9:26 am

FSD wrote: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.
Hi FSD thanks for your concern
i have all the documents thats why i got my visa extended but the only problem to go on interview like question he did with me that which Schedule NI you are paying to your employee is it Schedule 1 or Schedule 2 i said i dont know its accountant works not mine , and he replied as a businessman you should know this i replied i pay to accountant for all these jobs why should i know this. and he didnt even listen to me so i am thinking if in interview if they do question like this and make this as a reason for my detaintion or deporting it wont make sense wont?
thats why i am totally confused what to do

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 9:29 am

A key purpose of T1 is to create employment.

If you are an employer operating in UK you should understand the basics of tax & NI system and PAYE. Yours and your employees.
Leaving all to accountant, bookkeeper, lawyers etc is a mistake.

Arguing back like that puts you on back foot and makes it look like you don't know your job and may be covering something up.
The job is to fulfill visa requirements.
The buck stops with you.
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 » Thu Jan 05, 2017 9:38 am

hellostar wrote: ...... which Schedule NI you are paying to your employee is it Schedule 1 or Schedule 2 i said i dont know its accountant works not mine , and he replied as a businessman you should know this i replied i pay to accountant for all these jobs why should i know this. and he didnt even listen to me .....
Anyone knows what are these NI Schedules? I never heard of such thing!

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CR001
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Re: Airport Immigration Problem

Post by CR001 » Thu Jan 05, 2017 9:42 am

hamalt66 wrote:
hellostar wrote: ...... which Schedule NI you are paying to your employee is it Schedule 1 or Schedule 2 i said i dont know its accountant works not mine , and he replied as a businessman you should know this i replied i pay to accountant for all these jobs why should i know this. and he didnt even listen to me .....
Anyone knows what are these NI Schedules? I never heard of such thing!
Start with link below.

https://www.gov.uk/national-insurance-r ... tion-rates
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hellostar
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Joined: Wed Jan 13, 2016 11:00 am

Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 9:48 am

noajthan wrote:
hellostar wrote: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[/quote

Preparing legal action against an unknown target for unknown purpose is a costly distraction from preparing for interview and from running business.

Suggest clear interview and hopefully get back to normal afterwards.

Good luck.
Hi Nojthan
so you suggestion i go for interview and if anything unexpected happens there then we will go for JR ?
lets see i am still confused what to do

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 10:03 am

hellostar wrote:
noajthan wrote:
hellostar wrote: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
Preparing legal action against an unknown target for unknown purpose is a costly distraction from preparing for interview and from running business.

Suggest clear interview and hopefully get back to normal afterwards.

Good luck.
Hi Nojthan
so you suggestion i go for interview and if anything unexpected happens there then we will go for JR ?
lets see i am still confused what to do
Forget the JR.
Its a completely wrong mindset and not doing you any favours.
You can't 'lawyer yourself' out of this.

If your advisors are not helping you learn the business and about operating in UK then they are a costly mistake.
Let me guess, are they running T1 businesses too? - question their motives.

Chances are if you had answered the IOs one or two questions properly and to his satisfaction you would have walked out of the airport in the clear.

You are not running a multinational.
And I'd bet 'a pony' that even Alan Sugar himself can describe Schedule 1 & 2 classes of NI.

Go back to basics.
Learn your business.
Learn how UK tax/NI operates.

Know all your employees, names, skillsets, duties, length of service.
Ensure business plan and accounts are up to date and you can explain them - line by line.

And make sure you can show what was done during your absence:
By you:
  • negotiations/meetings;
    contacts made;
    contracts and sales won;
Also show action plan covering whoever delegated for you in UK whilst you were away for the 2 months:
  • communication plan;
    daily/weekly reports;
    monthly figures/sales figures;
etc
All that is gold does not glitter; Not all those who wander are lost. E&OE.

hellostar
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Posts: 126
Joined: Wed Jan 13, 2016 11:00 am

Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 10:17 am

Hi Noajthan
thanks for your concern
all my advisers are solictors and they are asking me to do so JR and two solicitors are saying you dont need to go for JR just go for interview first
and whatever you said documents and and basic of business i know everything about my business and as you know i applied for extension myself no solicitors were involve so i know what i submitted. The only thing making me worry on immigration desk that person was not even listening to my full answer and ignoring as it looked he had already planned to detain me . I am scared if same thing happens on the interview day . i dont know am i thinking on the right direction or not but this is what i am thinking

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 10:22 am

hellostar wrote:Hi Noajthan
thanks for your concern
all my advisers are solictors and they are asking me to do so JR and two solicitors are saying you dont need to go for JR just go for interview first
and whatever you said documents and and basic of business i know everything about my business and as you know i applied for extension myself no solicitors were involve so i know what i submitted. The only thing making me worry on immigration desk that person was not even listening to my full answer and ignoring as it looked he had already planned to detain me . I am scared if same thing happens on the interview day . i dont know am i thinking on the right direction or not but this is what i am thinking
I leave you to draw your own conclusions about the value of such trigger-happy JR solicitors at this time.
if all you have is a hammer, everything looks like a nail
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 10:32 am

noajthan wrote:
hellostar wrote:Hi Noajthan
thanks for your concern
all my advisers are solictors and they are asking me to do so JR and two solicitors are saying you dont need to go for JR just go for interview first
and whatever you said documents and and basic of business i know everything about my business and as you know i applied for extension myself no solicitors were involve so i know what i submitted. The only thing making me worry on immigration desk that person was not even listening to my full answer and ignoring as it looked he had already planned to detain me . I am scared if same thing happens on the interview day . i dont know am i thinking on the right direction or not but this is what i am thinking
I leave you to draw your own conclusions about the value of such trigger-happy JR solicitors at this time.
Hi Noajthan
I know what you mean i am not saying they are 100% right but i am totally confused myself what to do i just took advises from few solicitors and dont know want to go for more , because the more i take advises from may solicitors the more i will be confused myself in know
so whatever decision i need to take i will take it now
no more solicitors advises

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CR001
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Re: Airport Immigration Problem

Post by CR001 » Thu Jan 05, 2017 10:34 am

Start a JR against what? An interview?? Waste of money if you think of doing this.

Go to the interview, be fully prepared, nothing else you can do at this stage.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Thu Jan 05, 2017 11:29 am

CR001 wrote:Start a JR against what? An interview?? Waste of money if you think of doing this.

Go to the interview, be fully prepared, nothing else you can do at this stage.
JR against how they treated as like we are criminal or illegal and JR against we have already provided all these documents and we got successfully visa extended why they are asking again and bothering us. these are the wording from solicitors so i am not sure right or wrong i am just writing what i am being advised by solicitors. let me know does it make sense ?

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 11:35 am

hellostar wrote:
CR001 wrote:Start a JR against what? An interview?? Waste of money if you think of doing this.

Go to the interview, be fully prepared, nothing else you can do at this stage.
JR against how they treated as like we are criminal or illegal and JR against we have already provided all these documents and we got successfully visa extended why they are asking again and bothering us. these are the wording from solicitors so i am not sure right or wrong i am just writing what i am being advised by solicitors. let me know does it make sense ?
This is silly.
A visa is not a guarantee. You are still subject to immigration control.

Look at the letter from IO, read the basis on which it was issued - there must be a justifiable reason for such an interview as per Regulation xyz.
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 11:38 am

noajthan wrote:
hellostar wrote:
CR001 wrote:Start a JR against what? An interview?? Waste of money if you think of doing this.

Go to the interview, be fully prepared, nothing else you can do at this stage.
JR against how they treated as like we are criminal or illegal and JR against we have already provided all these documents and we got successfully visa extended why they are asking again and bothering us. these are the wording from solicitors so i am not sure right or wrong i am just writing what i am being advised by solicitors. let me know does it make sense ?
This is silly.
A visa is not a guarantee. You are still subject to immigration control.

Look at the letter from IO, read the basis on which it was issued - there must be a justifiable reason for such an interview as per Regulation xyz.
Make sense now , will be gathering all the documents and start preparing for interview i guess
thats what should i do , i guess

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Thu Jan 05, 2017 11:52 am

hellostar wrote:Make sense now , will be gathering all the documents and start preparing for interview i guess
thats what should i do , i guess
That would be a wise move in the circumstances.

It does not appear that you have been harassed or suffered any 'outrage'.
However if you have misgivings you can follow this procedure - not JR!
https://www.gov.uk/government/organisat ... -procedure
Unclear why your solicitors have not advised you of this.

You have 3 months in which to file any complaint; suggest focus on interview and get that out of way first.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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zimba
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Re: Airport Immigration Problem

Post by zimba » Thu Jan 05, 2017 12:09 pm

Also be sure that you understand what the rules allow the immigration officer do. Because you are subject to immigration control, does not mean immigration officers can do as they wish and you are fully at their mercy. It is true a Visa is not a guarantee to be here, however immigration officers and their powers are restricted within the law. If we can be easily denied entry every time we enter the UK as legal residents with investment and links in the UK because a desk IO is not satisfied, then the entire process of granting residency to high skilled/high value migrants in the UK is questionable. There must be very compelling reasons to why someone is refused entry or why their leave may be curtailed. The rules indeed cover these.

In case of Tier 1E rules, the immigration rules indeed cover what are the conditions of your leave and on what basis such leave can be curtailed.
Also read the immigration paragraph 245DE covering Period, conditions and curtailment of grant for Tier 1E visa. The curtailment of a leave in general is covered in paragraph 321 and 322 of immigration rules part 9. Make sure to go over them and have the evidence, particularly your registration within 6 months, your evidence of investment and all evidence regarding your employees.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Jazz2007
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Re: Airport Immigration Problem

Post by Jazz2007 » Thu Jan 05, 2017 12:32 pm

Just to Boost your confidence, Read this

http://www.immigrationboards.com/uk-tie ... 71838.html

Momi
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Re: Airport Immigration Problem

Post by Momi » Thu Jan 05, 2017 12:49 pm

If you have ever watched border force programs then you will find that immigration officer doesn't have any power. There is always a chief immigration who decides after consulting other staff.
Focus on your interview. For home office and border force all people are criminal who are living in U.K. On highly skilled because they are easy target.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Fri Jan 06, 2017 12:40 pm

Hi Guys
i have just spoken with a very good lawyer and she said you have been given IS96 port W it means your leave has been Curtail so no point to go interview , they will detain you thats why they are asking you to come , only option is to go for JR. If you leave was not curtailed then would go for interview but unfortunately they have curtailed.
do you guys know about IS96 Port W
i checked on google it this letter usually given you Asylum Seekers or it is given to detainee for temporary entrance
totally confused....

noajthan
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Re: Airport Immigration Problem

Post by noajthan » Fri Jan 06, 2017 12:56 pm

hellostar wrote:Hi Guys
i have just spoken with a very good lawyer and she said you have been given IS96 port W it means your leave has been Curtail so no point to go interview , they will detain you thats why they are asking you to come , only option is to go for JR. If you leave was not curtailed then would go for interview but unfortunately they have curtailed.
do you guys know about IS96 Port W
i checked on google it this letter usually given you Asylum Seekers or it is given to detainee for temporary entrance
totally confused....
Most unfortunate.
You must have really flunked that chat at the airport. But it probably won't help your case to hide or simply not show up at interview.

Its a multi-purpose form.
Use form IS96 to require them to report to the Home Office or detain them. If it is appropriate to detain, forms IS91 and IS91R should be served as well.
https://www.gov.uk/government/uploads/s ... Nov-16.pdf

What does form say under the section “Liability to Detention”?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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zimba
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Re: Airport Immigration Problem

Post by zimba » Fri Jan 06, 2017 1:16 pm

I really do not know what happened there at the airport with you mate but it seems they really wanted to get your visa curtailed. I find it ridiculous that someone's residence permit can be simply curtailed at the border without a proper investigation.

This seems to be similar to a story about a couple whose Tier 1 visas were curtailed at Heathrow with similar claims by border force. They had to go to challenge court which showed border force was making stuff up, so they got their visa reinstated: http://ukmalayalee.com/immigration-news ... hp?id=Njgy
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Momi
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Re: Airport Immigration Problem

Post by Momi » Fri Jan 06, 2017 1:37 pm

hellostar wrote:Hi Guys
i have just spoken with a very good lawyer and she said you have been given IS96 port W it means your leave has been Curtail so no point to go interview , they will detain you thats why they are asking you to come , only option is to go for JR. If you leave was not curtailed then would go for interview but unfortunately they have curtailed.
do you guys know about IS96 Port W
i checked on google it this letter usually given you Asylum Seekers or it is given to detainee for temporary entrance
totally confused....
Is96 is for those who are liable to be detained.

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Fri Jan 06, 2017 3:08 pm

zimba88 wrote:I really do not know what happened there at the airport with you mate but it seems they really wanted to get your visa curtailed. I find it ridiculous that someone's residence permit can be simply curtailed at the border without a proper investigation.

This seems to be similar to a story about a couple whose Tier 1 visas were curtailed at Heathrow with similar claims by border force. They had to go to challenge court which showed border force was making stuff up, so they got their visa reinstated: http://ukmalayalee.com/immigration-news ... hp?id=Njgy
Hi Zimba i dont really know myself what was happened why they did this with me , i went to pakistan and from there i went to Saudia Arabia for Religous purpose i was coming from Jeddah Airport
and the link you sent it seems the same as mine thats why i am thinking to go for JR rather than going to interview they will do same as they did other day. That guy even didnt my any answer in detail he interrupt me while i was giving any answer. He had made his mind to catch someone and unluckily it was me..

hellostar
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Re: Airport Immigration Problem

Post by hellostar » Fri Jan 06, 2017 3:11 pm

noajthan wrote:
hellostar wrote:Hi Guys
i have just spoken with a very good lawyer and she said you have been given IS96 port W it means your leave has been Curtail so no point to go interview , they will detain you thats why they are asking you to come , only option is to go for JR. If you leave was not curtailed then would go for interview but unfortunately they have curtailed.
do you guys know about IS96 Port W
i checked on google it this letter usually given you Asylum Seekers or it is given to detainee for temporary entrance
totally confused....
Most unfortunate.
You must have really flunked that chat at the airport. But it probably won't help your case to hide or simply not show up at interview.

Its a multi-purpose form.
Use form IS96 to require them to report to the Home Office or detain them. If it is appropriate to detain, forms IS91 and IS91R should be served as well.
https://www.gov.uk/government/uploads/s ... Nov-16.pdf

What does form say under the section “Liability to Detention”?
Hi Noajthan
under this heading it says
You are the person who is liable to be detained.

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