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[berlingoodman]

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[Mr Rusty]

"I considered it an absolutely appalling way to treat an American artist, especially one who never have earned so much in the UK anyway"

Do you think being American gets you some special treatment? In reality, you were probably treated no worse than many Brits who have been refused entry to the USA.

That aside, however, there are issues which need to be addressed. You say that you applied for an entertainer visa, but you have been refused because you do not meet the requirements of Para 41 - which relates to the conditions applying to people seeking entry as visitors. So either your agency cocked up, or there's a major misunderstanding.

Have you been given a right of appeal against refusal? If not, this suggests that it was a straightforward visit application, which attracts no right of appeal. If you are able to appeal, make sure it's lodged with the ECO within the time limit.

Perhaps you have a case that a 10-year ban is disproportionate to the circumstances of your previous refusal, but this is new territory as far as UK immigration law is concerned, and has to be tested in the courts. I don't know how many cases there are similar to yours, but it wouldn't surprise me to see a class action at some time in the future. It seems to me that unless actual fraud is attempted, someone who is turned back at the border is not equivalent to an illegal entrant or overstayer or other abusers of the system, and does not deserve as heavy a punishment. But that's only a personal opinion. You are right to seek professional legal advice.

[_dubble_trubble]

I think those guys at the Home Office are just doing their jobs.

[berlingoodman]

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[Mr Rusty]

you've got it:-

"84 Grounds of appeal
(1) An appeal under section 82(1) against an immigration decision must be brought on one or more of the following grounds—
(a) that the decision is not in accordance with immigration rules;
(b) that the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities);
(c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;"

So you could think about a Human Rights Appeal on the grounds of disproportionality of a 10-year ban in your circumstances. I guess the lawyers will want a lot of money, but you need at least to consult a specialist.

But you seem to have applied for a visit visa, which if you were hoping to perform here, seems to have been the wrong thing to apply for. I don't know all the circumstances and performing artists is a specialised area of which I don't know too much.

[Marco 72]

There's no such thing as a visa or immigration "specialist". You need to consult a qualified immigration lawyer.

[berlingoodman]

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[paulp]

In late April this year, I attempted to enter the UK. It was discovered that I was performing for money at this time and did not have the proper visa. I was detained for hours, fingerprinted, had my photo taken, my phone and iPod taken from me and all of my possessions searched. During a very intimidating and lengthy interview, I admitted times I had been in the UK performing before and what my intention was this time. It was a horrible ordeal. I considered it an absolutely appalling way to treat an American artist, especially one who never have earned so much in the UK anyway.

I don't think they were treating you as an american artist, but as an american who had either worked illegally in the UK or intended to work illegally in the UK. The HO are seriously cracking down on illegal workers.

[berlingoodman]

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[Wanderer]

The Law is the Law mate, be it an mule or not.

What about the tax due on these paid performances, ok maybe none due but u worked - tax is accountable for someone doing something somewhere down the line, ur on the wrong visa so someone else is picking up the tab, employing an illegal worker, £20k fine pls.....

American's get a virtual Visit visa to Uk - to Visit, not work, that's a plain as Mom's Apple Pie so really you can't blame the much-maligned HO, who are really doing a great job keeping Fugees out of Blighty - spot the Children of Men reference and the tongue-in-cheek....

[republique]

The HO are seriously cracking down on illegal workers.

No shit. The UK, US and Canada are so hardcore about this stuff.....


But to make it out like I'm some kind of "threat to the work force" is just preposterous. If I could list the fees I've gotten for playing in the UK, you'd laugh. Really only covering expenses.

If it was a more, shall we say, standard professional trade I was working that many other employed Britons could do, then maybe I would see their point...but I consider an artist an individual who can only do what he or she does.

What is so important about entertaining in the UK? Just consider it their loss and move on. Write a simple appeal that you were ignorant of the law and didn't mean any harm, you didn't make much, just to live like what lots of entertainers do and while you'd like to perform in the UK and do it properly, you will be very sad that you will have to wait 10 years and perhaps they could reduce it to 2 instead.
As for their mistreatment, they treat everyone they suspect harshly and in this case you were indeed wrong, no matter, how little infringement it might have been. Second, you really have to look at it culturally, the brits tend to get on their high horse to substantiate their position, while the Yanks tend to raise their voices to make your crap your pants so chalk it up to a learning experience but forget about complaining about mistreatment, they already told you do the paperwork correctly next time, meaning you screwed up.

[berlingoodman]

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[berlingoodman]

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[Wanderer]

Hi all,

Thanks for you responses, but don't turn this into some "Brits vs. Yanks" thing. Yes, yes, yes, I know the US is also harsh if not harsher than the UK when it comes to these matters. I'm not deserving or expecting any special treatment because I'm American or whatever. Please spare me the "Mom's apple pie", etc. comments.

That was me, that was me! I've really no idea why I said that but I was thinking of the rubbish 'American Pie' - can't even contemplate Apple Pie now...

Clerks II is a top film!

[INSIDER]

A few questions Berlingoodman,

1. What was the date in April of your refusal of entry.
2. When you were given the refusal of entry notice was mention made of a 10 year ban.
3. Did you at any time attempt to conceal the real reason for your entry to the UK in April or in anyway attempt deception.

[macaroni]

Hi Berlingoodman,

I've had first hand experience of how rude, intimidating and unprofessional Home Office "officials" can be. Some of them behave like this, because, as far as I can see, they can simply get away with it. Their casual incompetence is as prolific as their bad attitude and once again, they get away with it, because there is no recourse for the client/applicant.

Don't waste too much time or resources being angry about it. If a lawyer can genuinely help, then fine. Otherwise, steer clear of the UK until the 10 years are over.

[berlingoodman]

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[Wanderer]

Don't waste too much time or resources being angry about it. If a lawyer can genuinely help, then fine. Otherwise, steer clear of the UK until the 10 years are over.

Thanks...but I'd rather not give up that easily. Anyway, I think I can still go there legitimately as a tourist, but of course it could be hard to convince them at the boarder about that.

I don't think you can - the 10 year ban is a total ban, u'd have to formally apply for a visit visa now anyway having been previously denied entry.