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berlingoodman
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Post by berlingoodman » Sat Oct 04, 2008 11:42 am

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republique
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Re: appeals advice for American musician

Post by republique » Sat Oct 04, 2008 11:57 am

berlingoodman wrote:Hi all,

I am an American musician, living in Berlin Germany, who was denied entry in the UK to perform when it was discovered that I would be playing in the UK without a work permit. I neglected to inform the boarder agent about my gigs thinking that I might need some kind of visa, which was not arranged for me. Later in our interview, I was up front and admitted to performing previously in the UK without a visa / permit.

So my question is....am I able to offer additional proof after my appeal is already sent? I can also have a letter drafted from a promoter in the UK who has agreed to sponsor me (i.e.: get me a work permit) next time I wish to perform in the UK.

Thanks for your help and advice!
You can offer additional proof until the appeal is decided. It is rather daft to send it in and then ask what proof you need so I am not interested in coming up with ideas for you. Third, even your introductory post to this thread shows a lack of acknowledgement of how wrong you were. You didn't just apply for the wrong visa, you worked in the UK without a permit, you lied to border patrol at the beginning and you are sloughing it off like it was nothing. If this is the tone in your appeal letter, you can pretty much forget any kind of leniency on the HO's part and for that reason as they say in the Dragon's Den. "Ã

berlingoodman
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Post by berlingoodman » Sat Oct 04, 2008 12:23 pm

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PaperPusher
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Post by PaperPusher » Sat Oct 04, 2008 4:00 pm

You have to show that they made the wrong decision.

I do not think blaming bueaurocracy will help, from such a well seasoned traveller and such a sucessful musician who is used to playing around the world like yourself.

It is not up to world bridge to second guess what you want and tell you what to apply for.

You committed a crime & now you just have to move on & deal with it. Life is tough. The "outrageous and unfair" ban is fair as far as I am concerned. I think it would be different if this ban was keeping you from family, but you haven't said that it does. And, when you posted originally you did say that you did not earn much money when you were working illegally.

I cannot see how you will win your appeal for a permit free visa. If you intend to make money - and you have just posted that you did - well it appears that you may have lied on the form.
I even told the associate at WBS that I would be making money.

If you lied on the form, well I hope you do not win your appeal through deceit.
The letter of refusal stated that they weren't convinced that ,after my previous history, I would be performing for no fee in the UK.
It may also not help if your letter is written in the same way as you post. I do not think that you come across very well. I remember feeling that way with your original posts.

berlingoodman
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Post by berlingoodman » Sat Oct 04, 2008 7:52 pm

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PaperPusher
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Post by PaperPusher » Sat Oct 04, 2008 10:03 pm

Ok, that is a bit clearer now. You will not win your appeal for entry clearance for work permit work without a work permit. You certainly have the chance to apply for the correct visa whenever you like. Pay the fee, fill in the form and send it off. If you do not meet requirements of the immigration rules for what you apply for you have no chance. What did you apply for and why was the decision you got wrong in law?

I cannot see how you expect to win the appeal in all honesty.

berlingoodman
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Post by berlingoodman » Sat Oct 04, 2008 10:33 pm

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PaperPusher
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Post by PaperPusher » Sat Oct 04, 2008 11:27 pm

You are not the first to complain about the call centres unfortunately. Go to their website and it clearly states:
Where Can I Get Advice?

WorldBridge and its staff cannot give you advice on how to complete your application, or what type of visa you should apply for. If you need help with your application or advice about the UK's immigration rules and requirements, you should seek advice from a qualified immigration adviser.
I still do not understand why you think that your refusal is wrong. If you are performing for a fee, then you do not meet the requirements for the permit free type of visa. If you want the visa with the work permit, well you don't have a work permit.

The AIT only has courts based in the UK and you are extremely unlikely to be able to get in the UK at the moment. The judge will look at whether you got the right decision. I think you did.
Also, I've spoken with promoters now who will put it in writing that they are willing to provide me with a work visa (hence the question about sending in more proof)....I know however that having a permit doesn't guarantee a visa


I do not understand your point. Do you think that your will win because of this letter? It is not the promoter's decison to give you a work permit. They have to apply to the Home Office to sponsor you, and they may get refused in any case.

You seem to be flogging a dead horse with this. If you get a work permit (soon to be PBS in any case) why don't you apply again?

Regards

1971
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Post by 1971 » Sat Oct 04, 2008 11:35 pm

Hi berlingoodman,

It's very unfortunate that you made this mistake. But I pray that UKBIA can see things from your perspective. It depends on how well and polite you made your points in the appeal and the CW treating your case.

In the light that you have been handed a 10 years ban based on your previous dealings in the UK, it maybe a challenge winning your appeal.Neither the HO or myself is God,But I believe that if God wants you here, He will see you through it all.

Be hopeful and willing, there's always a way and light at the end of the dark tunnel.

I wish you that best.

Cheers
1971.

berlingoodman
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Post by berlingoodman » Sun Oct 05, 2008 1:07 pm

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UKBAbble
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Post by UKBAbble » Sun Oct 05, 2008 2:33 pm

berlingoodman wrote:.


What do these initials mean?
PBS
Points Based System

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