(IS82A) served on Airport

mooty · Post by **mooty** » Sat Jul 28, 2007 7:50 pm

hi all,

friend of mine coming from sweden at bham international airport been served IS82A. thats how this terrible thing happend:

He was on student visa in this country for almost 5 years, upon questioning and search immigration officals found his NI card from his Vollet and found that he was involved in working full-time. wording of letter are as follows:

you were given notice of leave to remain in the United Kingdom as a student but I am satisfied that false representation employed or material facts were not disclosed for the purpose of obtaining the leave, or there has been such a change of circumstances in your case since the leave was granted that it should be cancelled, i therefore cancell your continuing leave. if your leave was conferred by an entry clearance officer, this will also have effect the cancelling your entry clearance.

By your admission you have been working full-time, x numbers (full-time) of hourse per week for xyz compay for past abc number of months. I consider therefore that you are not currently the bonafide student you claim to be. I consider the fact that your working full-time constitue such a fundamental change of circumstance since the resident permitt was issued as to warrant cancellation of the permit.
I therefore refuse you to enter the United Kingdome

Removal Direction
i have given/propse to give direction for your removal to his contry by flight/ship/train: eventually he was reomve same time

right of appealyour right of appeal is limited under section 88 2 and/or 89 3 as appropriate because it was taken on the grounds that you/ the person on whom you are dependent.

he is totally devastated by all this and he did admit worked full-time but he would like to appeal or return to UK. I call upon all moderators and gurus to help out and give some direction of hope.

response will be appreciated

Wanderer · Post by **Wanderer** » Sat Jul 28, 2007 9:01 pm

Well, sorry and all that but if you break the rules you pay the price.

Can't see the point in appealing since this appears to be an open and shut case.

A lesson learnt for your friend, I think he'll find it difficult to gain entry to UK in future as a student or visitor for certain. His only hope would maybe be marriage or WP...

SYH · Post by **SYH** » Sat Jul 28, 2007 9:10 pm

Yeah I passed on comment earlier since I really didn't think much could be done. I can only add that it seems this issue has been coming up lately and can only wonder why the IO felt compelled to scrutinize your friend. He must have been sweating bricks because I do believe they smell fear at the border.

Dawie · Post by **Dawie** » Sun Jul 29, 2007 12:59 am

I'm afraid your friend only has himself to blame! Admitting to working full time to an immigration officer? Your friend needs to learn when to keep his mouth shut! He implicated himself.

mooty · Post by **mooty** » Sun Jul 29, 2007 6:39 pm

nothing can be done in this regard it means then. by the way, normally immigration official serve IS151A in this kind of situation, why did they issue him IS82A?

I dn't precisely know what happend how he was questioned at airport but the essence of the whole story is that he is deported.

Wanderer · Post by **Wanderer** » Sun Jul 29, 2007 7:12 pm

mooty wrote:nothing can be done in this regard it means then. by the way, normally immigration official serve IS151A in this kind of situation, why did they issue him IS82A?

I dn't precisely know what happend how he was questioned at airport but the essence of the whole story is that he is deported.

I think IS151A is for the adminstrative removal of an overstayer, whilst the IS82A does the same for those with valid LTR, ie it cancells their valid visa.

SYH · Post by **SYH** » Sun Jul 29, 2007 7:22 pm

Based on my reading, he has an in country appeal but obviously entry can appeal from abroad

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

Jeff Albright · Post by **Jeff Albright** » Sun Jul 29, 2007 8:58 pm

mooty wrote:nothing can be done in this regard it means then. by the way, normally immigration official serve IS151A in this kind of situation, why did they issue him IS82A?

IS82 is the Notice of Refusal of Leave to Enter (Section 105 of Nationality Immigration and Asylum Act 2002)

IS151A is the Notice to A Person Liable to Removal (Section 10 Immigration Act 1971)

limey · Post by **limey** » Sun Jul 29, 2007 10:02 pm

Is your friend a Swedish citizen?

Can someone clarify.. Sweden is in the EU. So why is he not allowed to work here?

Dawie · Post by **Dawie** » Mon Jul 30, 2007 9:49 am

limey wrote:Is your friend a Swedish citizen?

Can someone clarify.. Sweden is in the EU. So why is he not allowed to work here?

If you bothered to read the original post you would see that the person in question was on a student visa in Sweden. So obviously not a Swedish citizen.

olisun · Post by **olisun** » Mon Jul 30, 2007 10:29 am

Dawie wrote: If you bothered to read the original post you would see that the person in question was on a student visa in Sweden. So obviously not a Swedish citizen.

Nope, the person was on a UK student visa and was coming back from sweden when he was caught.

It doesn't make sense for the UK authorities to serve with a IS82A to a Swedish student , or does it?

Docterror · Post by **Docterror** » Mon Jul 30, 2007 10:36 am

Nope, the person was on a UK student visa and was coming back from sweden when he was caught.

It doesn't make sense for the UK authorities to serve with a IS82A to a Swedish student , or does it?

The person was on a 'Student visa', which is not something issued to any EU citizens and and hence have no restrictions on the time they can work (except Romanians and Bulgarians) as students and so cannot be Swedish by any means.

The IS82A (or it's equivalent for EU) can be served to and EU national only if proven to be a threat to national security and public heath and nothing else... another reason the person cannot be an EU national.

mooty · Post by **mooty** » Mon Jul 30, 2007 3:19 pm

he isn't Swedish national. He has been on student visa in United Kingdom for 5 years. he went for 4 days on holiday, unfortunately, while coming back get caught.

nothing convincing emerged yet from experts yet but still keeping my finger crossed and hope for more solution of his problems

Wanderer · Post by **Wanderer** » Mon Jul 30, 2007 4:07 pm

mooty wrote: nothing convincing emerged yet from experts yet but still keeping my finger crossed and hope for more solution of his problems

That's because your mate is stuffed, there is no solution. He's buggered up his chances by working illegally and admitting it.

Sometimes you have to accept that that's it.

Smit · Post by **Smit** » Mon Jul 30, 2007 4:16 pm

Your friend will have an extremely difficult time applying to come to the UK again. Maybe at this point in time, you can better assist him by packing his personal belongings in the UK and sending them to him in his home country.

He made a mockery of the UK immigration system and now he must pay the price...

Jeff Albright · Post by **Jeff Albright** » Tue Jul 31, 2007 12:49 am

His in-country right of appeal is limited to Human Rights and Asylum considerations ONLY.
Human Rights would apply if he has formed a family life here, Asylum is applicable if he has significant fear of being killed or tortured when returning to his native country.

In all other situations, appeal can only be made outside the UK.

Being refused entry means that he will not be able to apply to return to the UK as a visitor, student or any other non-settlement capacity.

Unfortunately, this does not sound as good news for him but I wish we had better news...

Section 88 (2) NIAA 2002:(2)
A person may not appeal under section 82(1) against an immigration decision which is taken on the grounds that he or a person of whom he is a dependant-

(a) does not satisfy a requirement as to age, nationality or citizenship specified in immigration rules,
(b) does not have an immigration document of a particular kind (or any immigration document),
(c) is seeking to be in the United Kingdom for a period greater than that permitted in his case by immigration rules, or
(d) is seeking to enter or remain in the United Kingdom for a purpose other than one for which entry or remaining is permitted in accordance with immigration rules.

The reference is made to Section 82 Right of appeal: general

(1) Where an immigration decision is made in respect of a person he may appeal to an adjudicator.

Immigrationboards.com: Immigration, work visa and work permit discussion board

(IS82A) served on Airport

(IS82A) served on Airport