Entry clearance time restriction after IS 82A

[iag]

Hi all:

My parents (Canadians) were issued with a notice of refusal of leave to enter (IS 82A) in March 2008. They would like to visit UK soon and apply for an entry clearance (visa for family visit) before coming. Is there any time restriction that they must stay outside the UK before an entry clearance will be issued for this situation? I am am not sure whether immigration rule 320 applies to people who have been issued with a IS 82A?

[Mr Rusty]

It depends on the reason(s) why they were refused entry - they need to study the wording of the refusal notice carefully.

If they are said to have attempted to deceive the Immigration Officer when seeking entry last time, then they could be caught by Para 320 thus:-
(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:
....
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

As Canadians, they don't require visas to visit the UK. I take it they are intending to apply for visas because of the previous refusal? Probably a wise course, as if granted they will be assured of entry, and if refused a family visit visa they can appeal.

[iag]

There was no deception involved. Never has been. My parents had applied for a settlement visa which was declined and so was the appeal. The judge said they can conitinue to visit as they had done in the past (they have come many times to the UK for a visit). They did exactly that, but it was deemed "too soon" for the immigration officer. My Dad also had his CV with him (he has a habit of carrying this where ever he goes). Obviously, this was a further excuse to deny entry. It defies logic that a retired person approaching 70 yrs would find a job in this country! Coming back too soon after settlement was refused, and the CV are written on the IS 82A.

So, to cut a long story short, the reason for applying for a visa is because the settlement visa was refused and then they were denied entry as visitors. We have used our local MP to help and it has been positive.

I just wanted to make sure there is no time limit before they can apply for a visit visa.

[traveller1973]

It is all dependant on their ability to show what has changed since they applied for settlement. An application for a visit entry clearance may be best to ensure they are assessed before arrival.

[INSIDER]

Was para 320 specifically mentioned on the refusal notice[IS82A] ? If it wasn't then they are unlikely to be subject to any prohibition.

Normally if the IOs intention is to have the passenger banned para 320 would form part of the refusal wording.

[iag]

No reference was made to 320 on the IS 82A.

[UKBAbble]

It defies logic that a retired person approaching 70 yrs would find a job in this country!

It also defies logic that someone would take their CV on holiday. But just to confirm they can apply for a visa as soon as they like.

[iag]

Thanks for the info.