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Entry Clearance Denial To the UK

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

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Tidus
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Location: East Yorkshire, UK

Entry Clearance Denial To the UK

Post by Tidus » Fri Dec 05, 2008 10:16 pm

Hi There, Thank's For Reading.

I am posting a message on here out of desperation.

My fiancee came to the UK on the 2/12/08, for a 5 and a half month stay. She landed at Heathrow Terminal 3. She had flown from San Diego, CA. Her home town.

I myself am a UK Citizen, and have been all of my life.

I was the sponsor for the Visit. I had more than enough funds to support her, and even more paperwork to prove the situation. The Entry Clearance Officer stated that i had provided ample documentation.

My Fiancee had a return ticket to the US, to indicate that she intended to return to the US. She has a child in the US, thus is reason to return there. A "Family Tie" so to speak.

Obviously, when she arrived she was detained. For over 8 hours, while i sweated it out in terminal 3. I had no calls from immigration. Nothing. I just had to repeatedly called them to get an idea of what they were doing.

Obviously no communication was allowed between us. Not even a phone call. The problem i have is the lies told by Immigration.

My fiancee had her bank documentation with her, and she showed it to them. Then, they came out to me and stated she had nothing, not a penny to her name. They took her ID from her (state ID) and stated to me she didnt have it. Once they had taken it to her, they lost it.

The refused to see over half of the paperwork i had provided. When i was putting forward my case in a cool and calm manor, i was told to "shut up" by the officer. Closely followed by her putting the shutters down, and dissapearing for another 4 hours.

Their claim was that she didnt have a home to go back to. When she did, she had proof of this. They even called her relatives to make sure our story was straight. And it was. No lies were told. We were 100% truthful.

Due to this issue , they deported her to the US. Straight away. Even after the "interigation" we were not allowed to talk.

She was surrounded by people in the immigration detention area in Heathrow that didnt know what country they had flown to...they were allowed through.

I cant believe an American Citizen, with family ties, a home to go to, a sponsor in the UK and ample finances would be turned away in such a disgusting manor.

I paid for the return flight for her. However, they took the bank card they said they DID NOT HAVE and emptied it of over $400. They said it was to pay for the return flight. The return flight was to connect through LAX and onto San Diego. The second of her flights back was not even booked for her. She had to take the train from LAX to Downtown San Diego.

They stated on the Papers She didnt have a bank account. So how did they take the money from it that day?

Very Fishy...

Is this treatment legal? if it is im ashamed to be British.

Im not sure how i can repair the damage here.

Any suggestions , please feel free...

Thanks,

Tidus

John
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Post by John » Fri Dec 05, 2008 10:36 pm

Tidus, terrible! Clearly you will be lodging an official complaint!

But just one question, well two actually, you describe her as your fiancée. When do the two of you intend to get married? If reasonably soon, why did she not get a fiancée visa before flying to the UK?
John

Tidus
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Posts: 32
Joined: Wed Jul 02, 2008 6:26 pm
Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 10:44 pm

Thanks for the reply.

We intend to marry in the US, once i finish with University. Id like to seek work over there, save up then marry her.

I feel a complaint is necessary, the way in which she was treated is terrible. The string of lies from the Immigration officials is embarrasing to be honest. I wouldnt even know where to start with a complaint.

Thanks very much for the reply,

Tidus. :D

UKBAbble
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Re: Entry Clearance Denial To the UK

Post by UKBAbble » Fri Dec 05, 2008 11:26 pm

Tidus wrote:
They stated on the Papers She didnt have a bank account. So how did they take the money from it that day?

Very Fishy...
Border Agency staff do not take money from passengers. Perhaps she travelled on a single ticket and an airline rep made her pay for the return to recoup their costs?

Tidus
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Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 11:30 pm

They did this time, i have the bank statement to prove it.

Tidus
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Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 11:31 pm

And, i had her a return flight booked.

UKBAbble
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Post by UKBAbble » Fri Dec 05, 2008 11:40 pm

Well if you are making a complaint do it in writing. It will be investigated independently and if an officer stole the money they will no doubt end up looking for a new job (after they come out of prison).

Tidus
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Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 11:44 pm

Right ok then , thanks very much for the advice. :D

Tidus
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Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 11:45 pm

After just speaking to my fiancee about this, it seems security took her card from her, and gave it to another member of the immigration officials in the Detention area. My fiancee could see it happening. Obviously, she wasnt allowed to leave the area.

UKBAbble
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Post by UKBAbble » Fri Dec 05, 2008 11:53 pm

Tidus wrote:After just speaking to my fiancee about this, it seems security took her card from her, and gave it to another member of the immigration officials in the Detention area. My fiancee could see it happening. Obviously, she wasnt allowed to leave the area.
She should still complain in writing. That is not supposed to happen and needs investigated.

Tidus
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Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 11:57 pm

To be honest, the payment for the flight back is the least of my worries. Im just appauled at the treatment of her, and myself by the staff. Obviously the trip is quite expensive. Having not seen my fiancee for 6 months, to have her in the country, and not seeing her is awful.

In my opinion, there was no reason to why any of this happened, and from research carried out, been denied entry clearance one makes it difficult to enter again.

The immigration rules are very odd. My fiancee stated that one individual held with her, was allowed into the country because he said he was "here to see London Bridge". Due to the fact that she was here to see her fiancee and sponsor, she wasnt allowed.

Tidus
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Joined: Wed Jul 02, 2008 6:26 pm
Location: East Yorkshire, UK

Post by Tidus » Fri Dec 05, 2008 11:59 pm

Yes your certainly correct, i agree. I checked her statement now. The payment is not to any airline. Instead it goes to "Stains R Hounslow" whatever that may be.

republique
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Post by republique » Sat Dec 06, 2008 12:05 am

Tidus wrote:Yes your certainly correct, i agree. I checked her statement now. The payment is not to any airline. Instead it goes to "Stains R Hounslow" whatever that may be.
Once they have made up their mind, it just goes downhill
I was met with suspicion, when the officer immediately said to me you here to see your girlfriend?
And I said, no it is a friend, nothing more but my voice was one of clear aggravation and annoyance because I knew where the IO was going with it and all the implications with it like being able to support yourself
So it sounds lousy but you have to mirror their attitude or you not going to get anywhere with them.
If they are nice, then you are nice
if they are obnoxious, then be not as obnoxious but act equally as aggravated.
Sucks that she flew all this way to be sent home.

charles4u
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Post by charles4u » Sat Dec 06, 2008 12:47 am

what a UK... The best country in the world... So powerful to mess with everybody ...lol
Charles4u

vinny
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Post by vinny » Sat Dec 06, 2008 1:00 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

charles4u
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Post by charles4u » Sat Dec 06, 2008 2:27 am


No offence... But will this help those that have been or still will be affected by their false decisions ?
Charles4u

UKBAbble
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Post by UKBAbble » Sat Dec 06, 2008 10:16 am

The IO's decision won't be reviewed. She needs to lodge an application for a visit vsa at the nearest consulate AND a letter of complaint needs to be ro the Border Force Customer Serice Unit, Green Park House, Wellesley Rd, Croydon UK.

brownbonno
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Post by brownbonno » Sat Dec 06, 2008 10:51 am

Tidus wrote:Yes your certainly correct, i agree. I checked her statement now. The payment is not to any airline. Instead it goes to "Stains R Hounslow" whatever that may be.
If her money was spent without her consent where there is a return ticket,then we should be talking about THEFT and misuse/fraudulent use of her Card here.
Knowledge is Power

UKBAbble
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Post by UKBAbble » Sat Dec 06, 2008 12:23 pm

brownbonno wrote:
Tidus wrote:Yes your certainly correct, i agree. I checked her statement now. The payment is not to any airline. Instead it goes to "Stains R Hounslow" whatever that may be.
If her money was spent without her consent where there is a return ticket,then we should be talking about THEFT and misuse/fraudulent use of her Card here.
Agreed. This needs to be investigated.

Rozen
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Post by Rozen » Sat Dec 06, 2008 12:25 pm

Tidus wrote:Yes your certainly correct, i agree. I checked her statement now. The payment is not to any airline. Instead it goes to "Stains R Hounslow" whatever that may be.
How did they get her PIN number/password? :?

brownbonno
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Netherlands

Post by brownbonno » Sat Dec 06, 2008 12:36 pm

Rozen wrote:
Tidus wrote:Yes your certainly correct, i agree. I checked her statement now. The payment is not to any airline. Instead it goes to "Stains R Hounslow" whatever that may be.
How did they get her PIN number/password? :?
Purchase over the phone/internet do not need a password/PIN number.
This is a serious issue here and should not be mendaciously swept under the carpet.
The poster should consult a solicitor as the end result will definitely set her immigration history straight.
Knowledge is Power

UKBAbble
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Post by UKBAbble » Sat Dec 06, 2008 12:50 pm

brownbonno wrote:The poster should consult a solicitor as the end result will definitely set her immigration history straight.
With respect you're only being told one side of things and although the aspect of the payment for carriage needs investigation it is a totally separate issue from the refusal of entry.

paulp
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Post by paulp » Sat Dec 06, 2008 1:18 pm

brownbonno wrote:Purchase over the phone/internet do not need a password/PIN number.
This is a serious issue here and should not be mendaciously swept under the carpet.
If indeed she didn't authorise the use of her card, she should first report the transaction as fraud to her bank. She should also mention that it's not third-party fraud but merchant fraud.

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Frontier Mole
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Post by Frontier Mole » Sat Dec 06, 2008 10:51 pm

There is a piece of the jigsaw missing - she would have been given a refusal letter - what was the reason stated on that refusal for not allowing entry into the UK?

I suspect she said something about getting married and at that point the IO would be thinking that was the real reason for the visit and not "just" a visit to see you. You have said she does not have her own home - that would just have added fuel to the smouldering fire. Thereafter it would take very little to set off the refusal alarm bells.

I bet there is a phrase in the refusal that goes along the lines of "... in the circumstances, based on the balance of probability, I do not believe there is an intention to return to the USA..."

As for the card transaction - that really needs to be sorted. She should start off with reporting the transaction as unauthorised. Ask for the merchant to be identified and the funds returned to her account.

UKBAbble
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Post by UKBAbble » Sun Dec 07, 2008 12:12 am

If you could quote the wording on the IS82A form it would be helpful.

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