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Questions after 82A refusual

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paradoox
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Joined: Thu Jun 25, 2015 4:32 am

Questions after 82A refusual

Post by paradoox » Thu Jun 25, 2015 5:00 am

My female housemate (33 US Citizen and Resident) was refused entry to the UK at LHR last week and given an 82A refusal stating the reasons as:

a) she said she was going over to volunteer at beer festivals [which are not charities, so technically in-eligible under a visitor visa YET I know of people who went over in 2014 and said they were volunteering for SF Conventions, which are also not charities, and got in.] She was told she need a work visa for that.
b) her social and economic circumstances - she doesn't have a full time job in the usa, but does odd jobs, gets money from her mother from time to time, lives for free in exchange for housework, has a boyfriend (not me), a car, and a cat in the status - she said she was going over to stay in particular with one friend and I suspect UK immigration figured they were going to "hook up" and she was a risk to not leave. She did have commitments in the USA in the fall so she was planning on returning.

Her stay was going to be for 80 days mosttly because 17 June and 8 Sept were the only days those months she could get frequent flyer tickets on American Stupid.

She left on her return ticket, so this was not at UK expense.

She was there 3 times in 2014 for between 1 week and a month for
a) attending a SF convention and visiting friends
b) attaching a SF convention and the beer festival
c) a Scotch tour of Scotland

She was there once each in 2012 and 2009 for similar reasons.

She left on time each time.

All of those five trips were also with me.

The only other time she was in the UK was as part of a HS trip 15? years ago.

There is all sorts of other backstory including at least three people, including business owners who she was going to be visiting, writing stern letters to their MPs demanding an apology and that she be let back in forthwith. People in CAMRA (www.camra.org.uk) have written stating that missing her expertise is going to negatively impact GBBF (www.gbbf.org) which is the volunteering she was going to do.

Various people have also said that she is / was just road kill in Cameron's immigration reform campaign.

My primary questions are as follows:

1) Is she subject to a 12 month ban on returning? I'm hoping not because she was refused entry and never in the UK, so none of the removal stuff applies. [She would like to get back this summer to see friends and to at least attend one of the beer festivals.]

2) If she attempts to enter again on the visa waiver program for a valid reason (short tourism stay, probably with hotel reservations) does she have any chance of getting in on the visa waiver program or should she apply for a visitor visa. Has anyone ever gotten in on the visa waiver program after getting an 82A refusal? [If she needs a visa for all future trips that is going to affect my life too.]

More details if people think they are relevant, but I'm trying to not overly confuse things.

Thank you.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Questions after 82A refusual

Post by Wanderer » Thu Jun 25, 2015 8:33 am

She'd have to formally apply for a visit visa, but I'd guess a refusal is highly likely. It is not permitted to work on a visit visa, even voluntary work, a definite no-no....
An chéad stad eile Stáisiún Uí Chonghaile....

paradoox
Newly Registered
Posts: 2
Joined: Thu Jun 25, 2015 4:32 am

Re: Questions after 82A refusual

Post by paradoox » Thu Jun 25, 2015 1:23 pm

So, there is no twelve month automatic ban?

Also, https://www.gov.uk/check-uk-visa says

You won’t need a visa to come to the UK
However, you should bring the same documents you’d need to apply for a visa, to show to officers at the UK border.
You MAY want to apply for a visa if you have a criminal record or you’ve previously been refused entry into the UK.

Notice the word MAY (my emphasis)

So, I'd still like to know if anyone here has ever gotten in on a Visa Waiver for a later trip after being denied one?

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