Detained at Heathrow, Temporary Admission

[splanky]

I attempted to enter the UK yesterday and was detained by immigration at Heathrow for five hours before being granted temporary admission the UK.

I am the primary carer of an EEA minor child who is self-sufficient through my savings and income in Australia. I have previously had two family permits refused due to UKBA incorrectly applying the law to my application. I was advised not to appeal, and to just come to the UK as a non-visa national, then apply for a derivative residence card when I got here. I attempted to do that yesterday. I have a ticket to return back to Australia, substantial savings, comprehensive sickness insurance. The UKBA officer was concerned that I wanted to stay for six months, and disappeared to make more inquiries. When she returned she asked me about the failed family permit applications, and I told her I was planning on applying for a derivative residence card. She disappeared again, and when she came back I was detained with my seven-year-old daughter. I was interviewed, and eventually granted temporary admission to the country with certain restrictions. I have to report back to immigration at Heathrow on Friday where they will continue to consider my application to enter. I was told they need to look at policy procedures that can't be done on a weekend or bank holiday. I was also told they may resolve this before Friday and post my passports back to me.

Of course I am stressed out of my mind.

I have spoken to a lawyer prior to leaving Australia, and I will contact her after the bank holiday and ask her to accompany me to the interview.

Is there anything else I should do to prepare?

People seem to think it's promising that I was granted temporary admission.

I am posting this in case any other Chen parents are searching for the experiences of others like them. There don't seem to be too many of us.

Splanky

[dalebutt]

You have a right of admission, what is it they don't understand? Make sure you claim back any charges incurred during your travelling back and forth.

[dalebutt]

I hope you have a copy of UKBA guidance to case workers on Chen applications? You seem to have everything they need to be admitted, no need to panic, you will be admitted eventually.

[splanky]

This is what happened next...

I contacted the lawyer I had talked to before I left Australia. The one who advised me to come to the UK as a non-visa national and apply when I got here. I went to see her on Wednesday. She told me she could accompany me to the interview on Friday at Heathrow, but it would be expensive for me and her office is short-staffed at the moment, so she would prefer not to. She said she wold write me a letter to show the entry clearance officer and she would be available on the phone. She also advised me to apply for a derivative residence card immediately and note in the application that the Home Office already held my passports. I left my documents with her so she could send off the application.

On Thursday afternoon, the day before my interview at Heathrow, I had not heard from immigration or the lawyer. I had no letter to take with me and I was unsure if my application had been posted. Eventually I was told by someone from the lawyer's office the application had been posted, and the lawyer would get back to me about the letter that evening. Before she had a chance to contact me I had a call from immigration at Heathrow, who said they'd had a look through my file, and they were satisfied I was the family member of an EU national. I was granted entry, and I could come and get my passports. SUCH a relief.

The lawyer contacted me on Friday morning and told me to go and get the passports and that the derivative residence card application would probably be sent back as they did not have them, but we'd just resubmit.

I went to Heathrow to get the passports, and that was a saga in itself. I was meant to go to a window in the arrivals section of Terminal 4, find a phone next to it and call to have someone come and talk to me. The phone rang as engaged when I picked it up. I kept trying it for 10 minutes or so, and there was no change. Then it started ringing, but no one picked it up. Then it went back to busy. I tried the numbers on my temporary admission letter, but no one picked them up either. While this was going on someone else arrived who had an immigration interview at 12, and he could not get hold of anyone either. He was looking very worried as 12pm came and went and there was no sign of anyone to let him in. Eventually, after 40 minutes of calling and 20 minutes after his interview time someone picked up on one of the numbers from the letter. Someone came to the window and gave me my passports (after I complained about the phones). The passport was indeed stamped with six months admission!

So I am in.

Now I just have to wait and see what happens with the derivative residence card application that was submitted without a passport. But the first hurdle is over. Thank goodness for that. I have never been so stressed in my life. Knowing I'd have to go back to Heathrow and possibly be detained again or even deported was just horrible. Many people kept assuring me that it would not happen, but I've seen first hand how the Home Office can ignore the law, and I was imagining the worst.

Splanky

[Imshzd]

Actually what I understand from different sources is that the immigration officers who are performing their duties at heathrow are mostly trainees.

[el patron]

Well done!

[askmeplz82]

Yes many of them new. If they don't know something they go inside and take advise from someone in the EEA contact centre or senior immigration officer.

I worked before in the Heathrow Airport Airside just beside immigration counter so i know many immigration officers in Terminal 5 and Terminal 3 ( I used see them in the shop everyday )

[splanky]

Yes, the person who I originally dealt with kept disappearing to get advice. Eventually the Chief Immigration officer at Heathrow was meant to be looking at my file, but if that happened when I got detained then I still only got temporary admission. But the right person looked at it eventually, and I'm in, thank goodness!

Splanky

[elroomzy]

Hi that's fantastic news! I understand what you mean by there aren't many cases like this. My situation is similar where my daughter is a Dutch national. I don't work as I'm a student but supported by my parents financially. My visa expires soon and I made an application via flro route which was rejected without appeal. This time I've applied using derivative residence card route which I hope will go through. I submitted application last week but there's not much information about what happens next. Do I receive a letter of acknowledgement? Do I receive a Confirmation of Acceptance? How long does it take to get this? Biometrics if any? There's simply not enough information out there. Would be interesting to know what your outcome is and whether anyone with experience can shed light on this. Thanks

[splanky]

Hi that's fantastic news! I understand what you mean by there aren't many cases like this. My situation is similar where my daughter is a Dutch national. I don't work as I'm a student but supported by my parents financially. My visa expires soon and I made an application via flro route which was rejected without appeal. This time I've applied using derivative residence card route which I hope will go through. I submitted application last week but there's not much information about what happens next. Do I receive a letter of acknowledgement? Do I receive a Confirmation of Acceptance? How long does it take to get this? Biometrics if any? There's simply not enough information out there. Would be interesting to know what your outcome is and whether anyone with experience can shed light on this. Thanks

What happened with me was I received a letter of acknowledgment about a week after the form was submitted. Then my lawyer had the application returned to them because for some reason payment could not be taken from my credit card! No idea why that would be. The lawyer wrote a cheque to go with the application when it was resubmitted. That was over two weeks ago, and I haven't heard anything or had any mail. I've emailed the lawyer to ask what's going on and if the cheque has been deposited, but I haven't heard anything yet.

Good luck with your application.

Splanky