Refused entry to UK - Form IS.82A

[aussie_05]

Hi

I travelled to the UK and entered as a business visitor in late July. Two weeks later I went to France for the weekend and on re-entry to UK was again allowed in as a business visitor. On the 3rd occasion, I went to Spain during the bank holiday weekend and on re-entry 3 days later, one the the IOs took exception to my lack of business visa, detained me, interviewed, fingerprinted and all that and sent me back to Spain. I was provided with an IS.82A which stated that I did not have 'entry clearance valid for the purpose for which your application for leave to enter was made'. There is no mention of section 300 in the notice although there are quite a few references to s.46G of HC395 and that I needed a Tier 3 (IC) visa. In particular s.46G(h) and 46(f) were mentioned. I was refused entry under s.46I and s.245G of the Immigration Rules HC395. I have tried getting a clear answer from 2 separate UK immigration lawyers to date and it's still fuzzy whether or not I have now been banned, blackmarked or whether I can still travel to the UK. My only immediate family lives in UK (although I was there for work on an internal secondment).

Does anyone know or have actual knowledge whether I am now likely to be refused entry if I apply for a visa and if so the time period?

Many thanks

[Lucapooka]

What type of entry clearance do you have and were using to enter previously, or are you a not a visa national and therefore are not required to pre-apply for a business visit visa? You have not been banned but you do need to apply for entry clearance before you next try to enter the UK. If you are working there on an international secondment you need at Tier 2 ICT. The fact that you were refused under paragraph 46 I suggests that you did not have this and were trying to work on a business visit status

[mulderpf]

I think you mean Tier 2, not Tier 3 as 245g refers to Tier 2 ICT. It would seem that it's not the lack of a business visitor visa for which you were refused, but that you did not come to the UK as a business visitor, but should have rather come on an ICT (did the UK company pay you for your services while you were here?).

Either way - it doesn't seem like there's any ban and you should be fine to travel to the UK again. Just make sure that your paperwork is 100% in order as you will come up in the system.

[mulderpf]

Just saw Lucapooka's post now - I assumed since the OP is in Australia, they are travelling on an Australian passport as everything the OP said makes sense in this context. I could be wrong...

[Kitty]

aussie_05 what did they ask you about your intentions?

The parts of the Immigration Rules you refer to (46G(f) and 46G(h) in particular) are the provisions for secondees and consultants to enter the UK under the business visa category.

It does sound like you should have a Tier 2 ICT visa for an "internal secondment", but if you provide more details of your situation...? The visit criteria of 46G(h) do still apply to temporary internal relocation for particular purposes.

The reason for refusal of entry that you mention sounds like 320(5). As long as there is no allegation of deception in the IS82A then I can't see any basis for a ban.

However, if you do fulfil the Business Visitor criteria and want to try and return in that category, you should apply for entry clearance in advance next time. Make sure you address any concerns raised in the IS82A in your application.