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Entry refusal and appeal involved!! Help me people!!

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yt1983
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Posts: 8
Joined: Mon Sep 30, 2013 2:57 pm
Location: United Kingdom

Entry refusal and appeal involved!! Help me people!!

Post by yt1983 » Mon Sep 30, 2013 4:02 pm

Hi all,

I have a few enquries about my visa issues. Long story short, I applied for a Sole Representative visa back in January 2013 and it was rejected the following month so I appealed in March prepared with substantial amount of supporting document and I expect to hear the results of it in October or November according to the First Tier Tribunal.

I entered the UK as a visitor twice this year; first time in March to collect my stuff and second in August for holiday and a business meeting however I was told by someone that I was not allowed to work in the UK even though my employer is based in South Korea and they pay me from Korea. For that reason, I couldn't work along with my client who is sponsored by the graduate entrepreneur visa but stayed longer than my initial plan (about 7 weeks and of course I was stamped with 6 month visitor visa when entering the country). On 23rd September, I flew to Frankfurt to see a friend and returned to the UK on the 25th. When entering the country again, basically the officer wasn't satisfied why I keep coming to the country as a visitor even though I clearly told him the purposes of the visit every time I came but this time, for some reason, he wasn't really satisfied with the given reasons. Therefore I was refused entry and sent back home in South Korea on the day and of course, I do have the refusal stamp on my passport now.

Having spoken to my lawyer(not hired yet), he said because of the history of the refused entry, even if I win the appeal, I am highly likely not to get a visa but having just spoken to the Visa centre in Seoul(VFS), the advisor has told me that there isn't such a clause. As I never worked with this lawyer before, I honestly cannot trust him 100% what he has told me so for that reason, I would like to get some proper and trustworthy information from you. And he also told me that if I get a preclearance and enter the country with a visa on my passport, it will semi over ride the refusal that I received at the airport. Is it also true? What I have on my mind now is that, if what the lawyer has told me is all true, it's probably pointless just waiting for the results of the appeal as I won't get a visa even if I win it anyways so I'd rather apply for a visitor visa with the appropriate documents so I can possibly over ride the appeal ultimately.


Thank you very much for your time to read my queries and I look forward to hearing back from you soon.



With my kindest regards,


Youngtak Jeon


Your comments and advice will be highly appreciated! Thanks! :) :o

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon Sep 30, 2013 6:38 pm

The lawyer is wrong so is not competent to work on immigration applications.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Mon Sep 30, 2013 8:33 pm

As suggested in your other thread. Deal with the reasons for the refused entry. If you were not a genuine visitor, then you may find it difficult to enter the UK. You may be expected to apply for entry clearance in the future.

yt1983
Newly Registered
Posts: 8
Joined: Mon Sep 30, 2013 2:57 pm
Location: United Kingdom

re: EUsmileWEallsmile

Post by yt1983 » Tue Oct 01, 2013 7:09 am

I was purely there to spend some time with my partner as my relationship with him was at risk as I was away for a long time. I wanted to restore it which is the main reason why I entered the country in August and stayed until I was sent back home.


I am also thinking of applying for a pre entry clearance in South Korea.

I am looking at the options of general visitor visa saying that I need to be with my partner until my appeal gets through or;

apply for a business visitor visa as I have a client working with my company and there is a meeting thatI have to attend and a contract that needs to be signed by me.

What do you think?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Same immigration system shared between Ireland and the UK

Post by vinny » Tue Oct 01, 2013 7:56 am

yt1983 wrote:Hi all,


I was refused entry last week at the Heathrow airport coming back from Frankfurt. Had been in the UK since 1st August with a visitor visa they stamped on my passport then flew to Germany for 3 days then it happened.

Long story short, I was sent home after a few interviews and later on found out there is entry refusal stamp left on my passport.

Since I got back home, I have been seeking advice, talking to a lawyer as I am desperate to be back in the UK ASAP as I left all my stuff there.

At this stage, my questions is that, according to what the lawyer says, provided Ireland and the UK have the same immigration system, even if I fly into Ireland and travel to the UK (by air, ferry or bus..) I might get refused entry in Ireland as they can see my entry refusal history in their system. Having said that, if I read this page on UKBA page below, as long as the Irish immigration let me in the country with a visitor visa, I won't be checked when entering the UK border, is it correct?


http://www.ukba.homeoffice.gov.uk/custo ... ravelarea/


If what I know is right, it would be still risky to fly into London by air so as someone has advised me, I'd consider of travelling by ferry as she told me that, by travelling by a ferry, I can avoid immigration officer. Is this also true?


Your comments and advice will be highly appreciated! Thanks!
jeupsy wrote:Did they say why you were refused entry to the UK? Was your visa expired or was there another reason?

In any case, it is not a good idea to try to go back to the UK via Ireland without getting this cleared first.

1. Unless you already have a visa for Ireland you would need to apply for one (the UK visa holder waiver program would not work for you I think since you wouldn't be coming from the UK)
2. The Irish border control officer will see you were refused entry to the UK and question you about this
3. Even you you could get through and then make it to the UK, you would be illegal there

So I think the first thing is to know why you were refused and get that cleared up with British authorities.
EUsmileWEallsmile wrote:I suggest you deal with the reasons for your refusal first rather than trying to evade immigration law and compounding matters.
loverboy2 wrote:And one more thing my friend.this time if u are stopped at uk borders coming from ireland.they gonna put you in a jail for a while and then send u home.so think carefully before you take some action,it happened with my friend.good luck
yt1983 wrote:Yes, they give me the reasons why I was refused.

I had been in the country since the beginning of August with a visitor visa they stamped at the passport control when entering but when coming back from Germany last week, they weren't satisfied with my answers to the questions they asked me;

1)What I had been doing since 1st August; A)I told them that I'd been spending some quality time with my partner

2)Why my return ticket says that I am intending to stay in the country for another 2 months; A)I also told them that I want to spend some more time with my partner

which are both true.

I entered the country with a visitor visa so the visa I was given was basically not valid once I left the country and I was hoping to get another one.

1. As South Korean national, I wouldn't need a visa to travel to Ireland.
2. So you mean, Ireland and the UK share the same immigration system?
3. It won't be illegal if I come to the UK with a visitor visa they will (hopefully) give me if they do?
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.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Has anyone travlled (air / ferry / bus) from Ireland to UK?

Post by vinny » Wed Oct 02, 2013 8:09 am

yt1983 wrote:I have recently refused entry at the Heathrow airport and now I have all my stuff left in London and need to get back ASAP even for a few days to collect them.

Someone I know has flew from Ireland to London Heathrow airport and she told me that there is no passport check as the flight went to the domestic line and it actually connects to the second floor of the building where she could directly go to the train station.

Spoke to the Irish embassy in South Korea today earlier asking whether my refusal history will be shown in the system when I will go through the airport in Ireland and she answered that the UK and Ireland immigration share the visa information but they wouldn't know whether they share immigration information or not.

Also, having spoken to the Immigrant Council of Ireland, whether the information will be appearing in the system or not will be decided based on the level of severity of the reasons why I was refused entry. Having said that it is possible to enter the country if I come with the right documents i.e return ticket and an invitation letter from a friend or whoever who invites me over to the country.


Has anybody been in the same or similar situation?


Thank you all!
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.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Has anyone travlled (air / ferry / bus) from Ireland to UK?

Post by vinny » Thu Oct 03, 2013 8:31 am

yt1983 wrote:I have recently refused entry at the Heathrow airport and now I have all my stuff left in London and need to get back ASAP even for a few days to collect them.

Someone I know has flew from Ireland to London Heathrow airport and she told me that there is no passport check as the flight went to the domestic line and it actually connects to the second floor of the building where she could directly go to the train station.

Spoke to the Irish embassy in South Korea today earlier asking whether my refusal history will be shown in the system when I will go through the airport in Ireland and she answered that the UK and Ireland immigration share the visa information but they wouldn't know whether they share immigration information or not.

Also, having spoken to the Immigrant Council of Ireland, whether the information will be appearing in the system or not will be decided based on the level of severity of the reasons why I was refused entry. Having said that it is possible to enter the country if I come with the right documents i.e return ticket and an invitation letter from a friend or whoever who invites me over to the country.


Has anybody been in the same or similar situation?


Thank you all!
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.

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