Re Entry Ban

[10909]

Actually i am very much confused and need some help ...

I came @ Heathrow Airport in February with LTR which was been revoked for an allegation of deception and i was given temporary admission with right of appeal. I appeal against the decision and till now havent got any hearing date . Now i have decided to go back due to some personal and family issues . I have told UKBA about my departure and they have given me IS96 with a form to give to an airline which states i have been removed from UK . I talked about this with my solicitor and he said you hafta ask immigration officer at airport that he should write i am leaving voluntarily on my own expenses. I called heathrow and they said as i have been refused an entry into UK so it doesnt matter whether i buy my own ticket and leave volunatrily i will still be removed tho he said that i can keep the tiket reciepts and boarding pass with me as a proof of voluntary return.

Now the thing i am confused is that if i am being removed, how many years ban will be applicable on me and please i am requesting for an expert advice .if u dunno then refrain from making guesses that you think or you may think coz i have also got a brain and i can also think . Therefore only if some1 expert in immigration matters can help me out with this .As per the following link:

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

it says :

7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

now as from the above , i am confused which one is applicable to me:

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

OR

(v) was removed or deported from the UK more than 10 years ago

[vinny]

Actually i am very much confused and need some help ...

I came @ Heathrow Airport in February with LTR which was been revoked for an allegation of deception and i was given temporary admission with right of appeal. I appeal against the decision and till now havent got any hearing date . Now i have decided to go back due to some personal and family issues . I have told UKBA about my departure and they have given me IS96 with a form to give to an airline which states i have been removed from UK . I talked about this with my solicitor and he said you hafta ask immigration officer at airport that he should write i am leaving voluntarily on my own expenses. I called heathrow and they said as i have been refused an entry into UK so it doesnt matter whether i buy my own ticket and leave volunatrily i will still be removed tho he said that i can keep the tiket reciepts and boarding pass with me as a proof of voluntary return.

Now the thing i am confused is that if i am being removed, how many years ban will be applicable on me and please i am requesting for an expert advice .if u dunno then refrain from making guesses that you think or you may think coz i have also got a brain and i can also think . Therefore only if some1 expert in immigration matters can help me out with this .As per the following link:

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

it says :

7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

now as from the above , i am confused which one is applicable to me:

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

OR

(v) was removed or deported from the UK more than 10 years ago

If the deception was not in connection with an entry clearance application, then

3.3.8 Removals and 320(7B)
If an immigration offender has been removed or deported, then his future applications will be refused for ten years. Passengers, who have been refused and removed at port of entry are only subject to a 1 year ban if they have fully complied with the terms and conditions placed upon them by the refusing port....

Get confirmation from your solicitor.

[10909]

According to my solicitor , in my case the following statement is applicable :

I will be refused the visa , if i have 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);

unless I have:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State

He said it means even though i have been refused on deception charge but as i will not overstay and leaving immediately after withdrawing my appeal so technically i wont have any ban on me not even for one year as my deception was not related to entry clearance and also i am not overstaying after refusal of entry but what i am confused is at the last point which says :

(v) was removed or deported from the UK more than 10 years ago.

the is96 i have been provided with states that i am being removed from UK , so does that means i have 10 years ban ? someone else told me that there are two kind of removals one is forced removal and one is administrative removal and therefore the above statement is relevant to forced removal. So, kindly tell me as i bought my own ticket and leaving voluntarily so will my removal be forced or administrative? also as i called immigration office they said that even though you bought your own ticket you will still be removed but then what proof do i need to show while applying again that i left on my own expense and did not overstayed after withdrawing my appeal ? immigration officer said that the reciept of ticket and boarding pass will be enough to prove that you left voluntarily and not on state's expense and the temporary admission letter is to prove you havent over stayed . i hope i have cleared the things very much and will be looking to get more advices and tips!

[10909]

oh well i got half of my confusion cleared from this :

3.3.8 Removals and 320(7B)
If an immigration offender has been removed or deported, then his future applications will be refused for ten years. Passengers, who have been refused and removed at port of entry are only subject to a 1 year ban if they have fully complied with the terms and conditions placed upon them by the refusing port.

Remember that making a decision to remove an immigration offender (Form IS 141 A part 2 or IS 151B), or issuing a notice identifying him as an immigration offender (IS 151A) do not in themselves mean that the applicant has been removed from the country. It is perfectly possible for someone to leave the country voluntarily after a decision has been taken to remove him, in which case future applications should only be refused for one or five years, not ten.


i think even if my solicitor's statement of not having a ban on me goes wrong then i have only one year ban as it is said above which is very much relevant to my case ;

"Passengers, who have been refused and removed at port of entry are only subject to a 1 year ban if they have fully complied with the terms and conditions placed upon them by the refusing port."

now just wanted to know that the ticket recipets and boarding pass are enough proofs to show in future entry clearance application that i left UK voluntary ?

[sop]

pls confirm..does this ban apply on student depandant visa as well??

thxx

[Mr Rusty]

oh well i got half of my confusion cleared from this :

[b]3.3.8 Removals and 320(7B)
Passengers, who have been refused and removed at port of entry are only subject to a 1 year ban if they have fully complied with the terms and conditions placed upon them by the refusing port.

i think even if my solicitor's statement of not having a ban on me goes wrong then i have only one year ban as it is said above which is very much relevant to my case ;


now just wanted to know that the ticket recipets and boarding pass are enough proofs to show in future entry clearance application that i left UK voluntary ?

I think you have found the correct answer in the part highlighted above. Your solicitor is confusing the issues of illegal entry and overstaying with that of passengers refused entry at a port. You are being removed, albeit with your cooperation, so you could be subject to a one year ban. Keep your ticket receipts and boarding pass to support a future application.
PS. Just because the ban period has lapsed does not mean you are guaranteed a visa when you next apply.

[10909]

oh well i got half of my confusion cleared from this :

[b]3.3.8 Removals and 320(7B)
Passengers, who have been refused and removed at port of entry are only subject to a 1 year ban if they have fully complied with the terms and conditions placed upon them by the refusing port.

i think even if my solicitor's statement of not having a ban on me goes wrong then i have only one year ban as it is said above which is very much relevant to my case ;


now just wanted to know that the ticket recipets and boarding pass are enough proofs to show in future entry clearance application that i left UK voluntary ?

I think you have found the correct answer in the part highlighted above. Your solicitor is confusing the issues of illegal entry and overstaying with that of passengers refused entry at a port. You are being removed, albeit with your cooperation, so you could be subject to a one year ban. Keep your ticket receipts and boarding pass to support a future application.
PS. Just because the ban period has lapsed does not mean you are guaranteed a visa when you next apply.

kool thanx and yeah i may not cum until next couple of years but will defo like 2 cum visit my old friends and co workers !

[Party777]

i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago



What is the difference between Point (i) & Point(iii)...


Regards...

[Mr Rusty]

i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago



What is the difference between Point (i) & Point(iii)...


Regards...

(i) overstay by less than 28 days - no ban on re-applying

(iii) overstay by more than 28 days (but pay your own ticket home) - you can't re-apply within one year.

[Party777]

Dear Mr.Rusty!!

I am waiting for you responce ...

Very happy if you reply me urgently for my pvt msg..which i had send you all my details


Regards,

Party777