Refused entry to UK... Please help with advice

[olive28]

H..............................................

[Wanderer]

Apply for visa formally, but you are in a catch 22, my guess is it will be refused since you have a history of attempting to settle here and misleading the IO.

Attempting to travel without a visa will most likely get you bounced so for me there's no answer for you here, try another country.

[Mr Rusty]

You haven't given many details about the previous 8 years you spent in the UK and the circumstances in which you were refused leave to remain, and whether you left the UK promptly after being refused LTR. All these matters would be relevant to consideration of a visa application, so it's difficult to say what your chances are.

When you were refused entry the IOs would not have wanted to tell you that you have no chance of being allowed in again, and indicated a couple of matters which would give you a better chance of being successful. In the end, if it is absolutely clear that you only intend a short visit, and that you have firm plans of employment or something else to go back to in your own country, your case should be given favourable consideration. But if there is the slightest reason to doubt your intentions, then there will probably be plenty of grounds to refuse you.

It will probably be a less stressful process to apply for a visa before you travel than applying at a port of entry.

[olive28]

Thanx for your answer

[Wanderer]

Proposed Fiancee Visa? What's that?

[olive28]

Maybe it's not called that but i was thinking of the visa that allows you to come to UK for the purpose of marrying your British partner

[Wanderer]

Maybe it's not called that but i was thinking of the visa that allows you to come to UK for the purpose of marrying your British partner

You didn't mention this before - did you mention it to the IO when you were detained?

[olive28]

Sorry, mention what exactly?

[Ben]

Sorry, mention what exactly?

Of your intention to marry a British citizen.

[olive28]

No because that wasn't my intention at the time. I do have a relationship with someone and we will probably go down that road eventually but i'm not sure how difficult it woud be considering my immigration history. I am now just really looking to visit him and my friends in the UK.

[Wanderer]

The only thing to stop you applying for marriage based visa is if the ECO thought you'd previously used to deception to gain entry to the UK, so I think we're back to square one here if the IO has considered it such.

I think your best bet is to formally apply for a visit visa, if granted no problems, if refused at least you will then know what you're fighting against.

[olive28]

Thanks . Also do you think it's possible there is a ban on me re-entering although they haven't told me or noted it in my passport? And when Croatia enters the EU ( which is hopefully going to happen by 2012), do you think i will still have problems on coming to UK and will it be possible to work in the UK as a normal EU citizen? Sorry about all the questions Thanks

[Wanderer]

Thanks . Also do you think it's possible there is a ban on me re-entering although they haven't told me or noted it in my passport? And when Croatia enters the EU ( which is hopefully going to happen by 2012), do you think i will still have problems on coming to UK and will it be possible to work in the UK as a normal EU citizen? Sorry about all the questions :) Thanks

Could be, suggest u apply for visit visa then you will know.

WRT to EU I'd expect controls to be be imposed on new members freedom of movement like with Bulgaria and Romania last time where working (apart from self employment) was not allowed. Also it's bound to take longer than 2012, hopefully the economy will have improved by then otherwise I'm sure they'll postpone it anyway.

[olive28]

That really made me depressed ((

[olive28]

F.A.O Mr Rusty
RFL5.3 How long are applicants automatically refused for?

If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:

* 1 year if they left the UK voluntarily, whether or not at public expense;
* 5 years if they left UK voluntarily, at public expense;
* 10 years if they were removed or deported from the UK;
* 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

Where an applicant has overstayed, breached a condition of leave, was an illegal entrant or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK. Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused.

But passengers who have been refused at a port of entry, and have complied with the terms and conditions placed upon them by the refusing port, are only subject to a one year refusal period.

Where more than one breach of the UK’s immigration laws has occurred, only the breach which leads to the longest automatic refusal period from the UK will be taken into account.

For example, an applicant left the UK voluntarily at her own expense in January 2008 and applied for entry clearance using false documents in February 2008. Any subsequent entry clearance application must be automatically refused for 10 years, until February 2018. This is the longer refusal period where deception has been used in an entry clearance application. The shorter refusal period of 1 year for leaving the UK voluntarily is not applicable.


Does this apply to me then? Am i automatically banned for 1 year? Could you please clarify? MANY THANKS!!!

[olive28]

FAO Wanderer
In the previous post what do you mean by using deception to gain entry to UK? Could you please clarify what this means? Many thanks

[Mr Rusty]

F.A.O Mr Rusty
RFL5.3 How long are applicants automatically refused for?

But passengers who have been refused at a port of entry, and have complied with the terms and conditions placed upon them by the refusing port, are only subject to a one year refusal period.



Does this apply to me then? Am i automatically banned for 1 year? Could you please clarify? MANY THANKS!!!

From the same guidance to ECOs, RFL5.2 says:-
"......when you have evidence that an applicant has overstayed, breached a condition attached to their leave, was an illegal entrant or used deception [/b]in an entry clearance, leave to enter or remain application (whether successful or not)."

So the only circumstances where a passenger refused entry will attract a ban under Para 320 7B is if they are judged to have used deception when seeking entry. I don't know if that applies to you.

You seem concerned about your work history when you were in the UK as a student. Students are allowed to work, without specific permission, for up to 20 hours per week during term-time, and full-time during academic holidays (a ludicrously wide concession IMHO). If you worked in excess of those provisions and it comes to light it could count against you.

[olive28]

Thanks for your time.