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Refusal Entry advice needed

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

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leukybear
Newly Registered
Posts: 4
Joined: Thu Apr 11, 2013 11:51 pm

Refusal Entry advice needed

Post by leukybear » Fri Apr 12, 2013 12:06 am

hey, a few weeks ago, my girlfriend was refused entry to the uk all cause of my fault :(. she was coming on holiday with me but we thought it would be easier if we said we were family and then immigration established we were not family and refused her entry. I know it was extremely stupid to lie about something like that but i was afriad they would not let her in and being very ignorant of the correct procedures which i have now seen would of been not issue if i took the correct steps.

I would like to know how does she go about coming back to the Uk again, like is there a waiting period before you can come back? they get issued visitor visa at the airport, but since they refused her entry, they place the gatwick stamp with a cross on top of it. :shock:

I have spoken to a few immigration offices n they all saying different things, so i'm not sure which is correct. Some said there is no time restriction, you can come back anytime aslong as you satisfy immigration requirements next time and one person said 6 months wait.

can anyone please give me advice as to what to do? and will she really ever be able to come to the uk again? i'm just so hating myself right now for not being truthful for such a harmless situation when i could of just said that's my girlfriend and she will be here with me for a holiday but i said that she was my cousin thinking they would not be much of a fuss, how stupid and wrong i was.

please help :(

reabs
Junior Member
Posts: 93
Joined: Tue Apr 09, 2013 11:31 am

Re: Refusal Entry advice needed

Post by reabs » Fri Apr 12, 2013 12:39 am

Naughty naughty. I am not sure of exact policy but I do know that she will now be better off getting a visa before travelling even if waiver protocols exist.
Although you do not need a visa, you may want to obtain one before you travel (for example, if you have a criminal record or you have previously been refused permission to enter the UK). And you will need a visa if you want to come here in some categories of visitor (such as a visitor for marriage or civil partnership). The Visiting the UK section contains more information.
The success of future applications will depend on meeting the criteria required and the type of visa applied for. e.g. hurdle will be much higher for general visitor than for spouse visa (adverse immigration history does not matter for spouse/fiancee visa compared to general).
Was she given a notice of refusal? That would help clarify whether the following applies. Further applications may be refused under para. 320 because the ECO:
has evidence that an applicant has...used deception in an entry clearance, leave to enter or remain application.
and further:
ECOs need to consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the immigration rules where the applicant has 'previously contrived in a significant way to frustrate the intentions of the Immigration Rules.'
She may be automatically be refused entry if 320 (7B) applied for:
12 months if they left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
2 years if they left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later
5 years if they left UK voluntarily, at public expense;
5 years if they were removed from the UK as a condition of a caution issued in accordance with s.134 Legal Aid, Sentencing and Punishment of Offenders Act 2012
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.
In your case the following may apply (need that notice of refusal to really diagnose).
RFL5.8 320(7B) and the use of false representations, information and documents
If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false.

Unless the applicant can prove this, they must be automatically refused under paragraph 320(7B) for 10 years from the date deception was used (unless paragraph A320 applies). Where the documents relate directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from a financial institution that they had previously supplied us with incorrect information).

leukybear
Newly Registered
Posts: 4
Joined: Thu Apr 11, 2013 11:51 pm

Post by leukybear » Fri Apr 12, 2013 10:26 am

Thanks for your reply. I'll find out what the refusal letter has. It should give all the details of when you can return n implications right? Cuz I'm just so so worried. Cause I plan on marrying her in a few years n just wondering if she'll ever be able to live in the uk with me now :(

reabs
Junior Member
Posts: 93
Joined: Tue Apr 09, 2013 11:31 am

Post by reabs » Fri Apr 12, 2013 11:43 am

leukybear wrote:Thanks for your reply. I'll find out what the refusal letter has. It should give all the details of when you can return n implications right? Cuz I'm just so so worried. Cause I plan on marrying her in a few years n just wondering if she'll ever be able to live in the uk with me now :(
The refusal letter should shed light on the reasons for refusal and the applicable laws used. If your intention is to marry her and settle with her in the UK, then you need not worry - para.320(7B) does not apply - a past adverse immigration history does not trump your right to a family life. In short, for the purposes of a spouse visa, this event will have little bearing.

leukybear
Newly Registered
Posts: 4
Joined: Thu Apr 11, 2013 11:51 pm

Post by leukybear » Fri Apr 12, 2013 2:55 pm

reabs wrote:
The refusal letter should shed light on the reasons for refusal and the applicable laws used. If your intention is to marry her and settle with her in the UK, then you need not worry - para.320(7B) does not apply - a past adverse immigration history does not trump your right to a family life. In short, for the purposes of a spouse visa, this event will have little bearing.

thanks alot :wink: i feel better now that you told me that there is hope. thanks alot for your help.

leukybear
Newly Registered
Posts: 4
Joined: Thu Apr 11, 2013 11:51 pm

Post by leukybear » Sat Apr 27, 2013 9:43 am

reabs wrote:
leukybear wrote:Thanks for your reply. I'll find out what the refusal letter has. It should give all the details of when you can return n implications right? Cuz I'm just so so worried. Cause I plan on marrying her in a few years n just wondering if she'll ever be able to live in the uk with me now :(
The refusal letter should shed light on the reasons for refusal and the applicable laws used. If your intention is to marry her and settle with her in the UK, then you need not worry - para.320(7B) does not apply - a past adverse immigration history does not trump your right to a family life. In short, for the purposes of a spouse visa, this event will have little bearing.
hey will that incident affect my application for citizenship? and do i have to delcare it when i'm applying for citizenship?

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