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I was recently denied re-entry to the UK because my 6 month tourist time had been exhausted. In my interview with immigration officers, I explained that I had been staying with my boyfriend whilst in London (He is working in his Master's Degree in London) as well as friends and hostels when I had travelled around the country. In my dismissal paperwork, they suggested that I had been misleading by stating that I had stayed with friends and hostels, as well as with my boyfriend. These were all in fact true statements, but I feel now that I have put myself in a bind with these answers. More importantly, I have been applying for graduate school, and have an acceptance pending an in person interview/audition in London this May. I reapplied under a prospective student visa but was denied again, on the basis of my 'misleading' previous interview - they stated that I was using the prospective student visa simply to gain entry, though I provided all the required proof of my prospective student status and pending interview. What is the next best step to take? Will it be possible to enter as a prospective student for my interview? Will this 'black mark' on my record prevent me from going to a post-graduate program next year should I be accepted?Thank You.
Optional Information: Province/Country relating to question : UK Already Tried: I have tried a prospective student visa, but it was denied and i am unable to appeal it.
Hi,
Thanks for your question.
Were you ever given the right to appeal?
Many thanks,
Hello,
No - I was not given the right to appeal.
The only appeal would be if I felt my application was based on my race or a similar factor which caused a bias to the application process.
So no, no right of direct appeal.
Regards,
Shea Hall
Hi Shea,
Thanks for the clarification.
Your previous immigration history is going to have an affect on any application that you make in the future. Thus, if the UKBA believe that you have used 'deception' to obtain a Visa or attempt to obtain a Visa, you will generally be barred from making an application for at least 10 years and any application you do make will be automatically refused.
Before spending time, effort and money attempting to obtain a place at a UK University, I would suggest you contact a immigration lawyer in your home country who is familiar with UK immigration law, if not, you may have to instruct someone in the UK. Once you have done this, your legal representative should obtain a copy of your file from the UKBA. There is usually a fee of £10, payable to the UKBA.
Once you have obtained a copy of your file from the UKBA, you will then be able to make a decision on what further applications to make, if any.
I hope this answers your question. If so, kindly click accept.
If you wish to discuss, please feel free to ask further questions.
Kind regards,
The title of my refusal papers was 'juxtaposed'.
They also made clear that I was not being banned from the UK at all.
Does any of the above information make a difference?
Also - will it take ten years for my record to be 'wiped clean'?
As long as you were not believed to have used deception, you should be ok.
I would suggest that any future application you make set out the reasons for the discrepancies. Furthermore, any further application you make must also respond to the points raised in the letter of refusal in any covering letter and where possible, be backed up by evidence.
If you have been banned for ten years, yes it will take that long to wipe the slate clean unless you can get the UKBA to remove the deception element from your records.
In any event, I would strongly suggest you obtain a copy of your file from the UKBA.
As I previously stated, I have not been banned.
the whole situation was very much a gigantic misunderstanding on my part.
In my Prospective Student Visa application, I highlighted the issues and explained each of them in a very detailed letter which I sent along with my application.
In order to obtain a copy of my files, would I need to call the UKBA?
Would it take a lawyer to wipe the 'deception' title off of my file?
Is the UKBA open to speaking about how to fix these things?
I am aquainted with many US govermental officials - Members of congress, Senate, etc. It's a long shot, but would any sort of written endorsement from them help my case as far as my character and intentions are concerned?
Best,
Shea
You will need to write to the UKBA for a copy of your file. For further details, click on the following link:
http://www.ukba.homeoffice.gov.uk/navigation/foi/
With regard to endorsements, these can not do any harm.
I appreciate the previous issue may have been a misunderstanding, however, it may affect future applications and for this reason you will need to respond to the points raised in the letter of refusal in any further application you make.
Thank You.
You think it is possible then to change the 'nature' of the black mark on my record with the help of an attorney and further explanation of what I said in the interview?
Is there a way to clear my record before 10 years time, or is that standard goverment procedure?
I realize the above may not be possible, but then I suppose we could refer to my first question?
It is possible to clear any adverse entries on your immigration file with the assistance of a lawyer. Whether you need to depends on the copy of your immigration file which you can obtain from the UKBA.
If there is a note regarding deception, this will not generally be removed before the expiration of a 10 year period, although you can try.
Thank You
Would it say something regarding said 'deception' in my dismissal papers? I have the copy that they gave to me. The title up in the corner is IS.82A - Juxtaposed. It is my guess that that is what it will be filed under. It was truly a misunderstanding.
Would it be a wise choice to hire an attorney from the UK to deal with this request? What are some positive steps to take to make my case a strong one?
I had discussed with the last expert having the endorsement of certain political officials. Would that help in swaying the opinion?
Do I conclude correctly that it is possible to have my record wiped clean completely before the ten years is up? Or simply wipe whatever sort of 'deception' may be listed there?
Kind Regards,
Do I conclude correctly that it is possible to have my record wiped clean completely before the ten years is up? Or are you saying it is only possible to wipe whatever sort of 'deception' may be listed there?
If deception was used as a reason for refusal, this should be stated in the letter of refusal. The IS.82A.
It would be worth hiring an attorney, although you may be able to obtain a copy of your file from the UKBA without the need for a lawyer.
With regard t making your case a strong one, it is difficult to say at this stage without seeing a copy of your file.
References will certainly help your application. Exactly what type of references you will require will depend on the information contained within your file.
It is not possible to wipe your entire record clean, although you can remove references to deception.
I have written up a fax to request my information from the UKBA. I should receive it within three weeks.
I know we cannot foresee what the file will say, but could you explain to me what the lawyer may have me do? I suppose, in what way can we convince them that it was very much a misunderstanding and ignorance on my part? Will someone from the UKBA interview me? Or is this all done via applications?
Also, seince my denial of entry, my prospective student visa was refused - does every visa refusal count against me? Or is the mark in my passport just a procedural actuality?
Additionally, it is on record that I have a boyfriend obtaining his Master's degree in the UK. This seems to be an issue. How can I convince the UKBA that it is truly about my schooling and that I do not intend to stay in England indefinately? Are things like funding/home ownership probably enought proof that I have ties to the States and will return?
A lawyer will have to make representations to the UKBA on your behalf and explain any discrepancies in your previous immigration history. The process is normally done by applications to the UKBA.
A previous refusal should not affect any future application that you make unless the application was refused for the reason of deception.
With regard to your boyfriend, each application is decided on its own merit. THe fact that you have a boyfriend in the UK may give the UKBA reason to believe that you are not likely to leave at the end of your Visa and as such the onus is upon you to prove that you do meet the requirements of the rules and that you do intend to return to your home country at the expiration of your visa.
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Solicitor-Advocate
Ll.B (Hons), Pg.Dip in Legal Practice, L.LM, Higher Rights Advocate (Civil), M.B.A (Undertaking)