Stamp 4EUfam just got a 10 years Uk ban.........help please

[kazy]

I have lived, worked and studied in the UK for over 4years. My older brother who is a british citizen relocated to Ireland because of his job hereby exercising EU treaty right, I decided to join him in May this year and I was on a temporary stamp 4 with my UK post-study work visa valied till the 18th of September, I applied for a visitors visa on 21st of September 2009 at the British Embassy Dublin only to be refused simply because my GNIB expires in November and falure to declare a student visa refusal back in 2005 in Nigeria. On the 15th of October I got my Stamp 4EUfam and I indicated both the student visa refusal and the recent refusal only to be stamped with a 10 year ban stating that i have used deception in my first application. I really need your advice i have sent a written explanation of the situation to the Cosulate general hoping for the best. Any contribution is not to small please

[Obie]

Kazy, you would have to forget about applying to enter the UK in your own rights, until such a time when the court overturn the ban, if you choose to appeal against it, or when the ten year period subsides.

Your best bet is to apply for an EEA family permit, which you qualify for if you are accompanying or Joining you EEA national brother in the UK.

The 10 years ban will not apply to that, and it is issued free of charge.

Don't waste your money applying under national rules, as i suspect that is what you have done.

If your brother doesn't intend to move to the UK, then concentrate your future in Ireland and forget about the UK. It is not worth it.

[kazy]

Thanks so much Obie.......but can I still apply for the EEA permit even if my brother is not relocating back to England, if yes what are the documents required.

[Obie]

Unfortunately, you cannot Kazy. You would have to be accompanying to, or joining your brother in the UK to qualify.

You can even relocate to the UK, under the same terms in which you are residing in Ireland, if he decides to relocate to the UK again.

Please don't attempt to make further application under UK rules as it will lead to futile outcome, except of course you marry to an EU national or you have a British spouse who intends to sponsor you to the UK. In that case,the ban will not preclude you from applying.

The other way you can apply is if you appeal against the ban and succeed in the process.

[kazy]

Obie but how can I appeal against this decision when I was not giving a right of appeal because my application was a non family visit(friend), because I still need to collect some of my stuff from the UK, will it be advisable to just go through belfast and return back to Ireland the same way. Moreso if I get a lawyer on what ground will I appeal. Thanks Obie for your immense contribution to this forum.

[Obie]

Okay Kazy. Folllowing the student visa refusal back in 2005, you were admitted to the UK on Student visa,correct, and was subsequently granted a Post-graduate study visa, correct.

If at the time they refused you back in September 2009, the refusal was not soley based on you withholding information, and a 10 years ban was not attached, but this was subsequently used in Oct 2009, when you voluntarily devulge these information, then the refusal is questionable, as you could argue that you provided these information before you were caught out, as opposed to deliberately seeking to withhold information, with the sole purpose of misleading ECO. I suppose it is up to you, in any case.

You can use the Belfast route to go to mainland UK, but certainly not Dublin. There is a risk, albeit minimal or minuscule, in nature. I am 95-98% sure you will be fine, but there is an odd 1% intelligent operation i heard that take place on the border, although you might not be asked for visa.

Perhaps, you could just use an opportunity, your brother might have in the future to go to the UK, to do this. However, if it is absolutely essential, you can use Belfast.

Kazy, have a look at this link showing appeals procedure if you wish to proceed in that direction.

All the best for the future Kazy

[kazy]

Thanks Obie ........I will wait for a response from the letter I sent to the Consulate General before I know my next step of action, once again thanks a million

[Ben]

You can use the Belfast route to go to mainland UK, but certainly not Dublin. There is a risk, albeit minimal or minuscule, in nature. I am 95-98% sure you will be fine, but there is an odd 1% intelligent operation i heard that take place on the border, although you might not be asked for visa.

The "border" shall be when crossing from Ireland to Northern Ireland. An (often invisible) international land border between Ireland and the UK, which is sometimes controlled in the case of cross-border bus and rail services.

There is, of course, no international border between Northern Ireland and Britain - so there are no border controls.

The OP should remember that travelling from Ireland to Northern Ireland, or indeed to any part of the UK, may be unlawful if not in possession of a valid visa, if required.

[D1mitry]

Please do not use this forum to advise an illegal entrant to the UK. Solely because of similar situation all those who have nothing to hide have to go through ever increasing security measure to catch a handful individuals who want to play the system. I have no objections to advise on the application and appeals, but the rest is at least illegal and would possibly constitute a punishable offence.

[Obie]

For argument sake and to preserve the integrity of the forum, i will pretend as if, your comments, or instructions as to which advise one should give, is not aimed at me.

Firstly, I did not advise anyone to breach an international border. The OP came up with a suggestion, and i simply told him the prons and cons attached, fullstop.

I am sure no one will expect me to dissuade him, by providing him inaccurate information.

Infact, my advise to him, is to use an opportunity his brother might have to go to the UK in the future, to do his transaction. I am sure there is nothing overboard about that advise.

My initial advise was for him to forget about the UK completely, and build a future in Ireland.

Perhaps, it would be best for you to read my comments in its entirety rather than extracting comments out of context.

[kazy]

I'll have to put something straight here, Obie has said nothing to encourage illegal entrant into the UK rather telling me how it's not worth the stress and given me constructive advise on how to plead my case to the Entry clearance manager to lift the 10 year ban, I hope this settles the misconception anyone is having about the thread of messages.

[kazy]

Thanks Obie, I received an email today from the WorldBridge Service, The UK Border Agency's Commercial Partner saying
" WorldBridge Service has contacted UK Border Agency visa application centre on your behalf and received the following response that they have posted the requested documents back to you. You have no right of appeal but you can reapply for another visa applying through the usual process", thank God the ban have been lifted.