Entry refused on London Airport-----Please suggest

[anotherone_waiting]

Hi Guys,

I am in real need of advice


I have a girlfriend from Brazil, she came over on entry visa in March 2010 and she went back to brazil in august....she was given the entry VISA for 6 months and she stayed nearly 5 months.

Then she tried to come back in September 2011 (After a year and 1 month) but she was not given the entry and she was investigated. I did speak to the immigration office at the airport and he accused my girlfriend to use deception.

When the immigration officer asked me about her and our relation and about her last visit i answered everything truthfully, then i spoke to my girlfriend afterwards and i figured out that she said SHE STAYED FOR 2 MONTHS DURING HER LAST VISIT, however she stayed for 5 months.

When i asked my Girlfriend why did she say 2 months she replied she was nervous. I tried to convince the immigration officer but they decided to send her back to brazil. And she got a black ink stamp on her passport. And she was told to ask for a VISA if she ever wants to visit UK again.

Now we are going to get married in July this year and i am just wondering if there can be any difficulties in getting her a dependent VISA.

Request you guys to suggest me something and please share your knowledge on this.

Thanks in advance

[Lucapooka]

It won't have any bearing on the outcome of a settlement visa application. Check the box on the form in section 6 that asks if you have ever been refused entry on arrival to the UK, and go on to explain the circumstances. However, this event will delay the normally speedy visa emission by about six weeks while the Rio consulate wait for the results of mandatory checks with their counterparts in the UK. It's a shame because if she had told the truth she would have been admitted without any problems.

[anotherone_waiting]

Thanks for your reply.

I also believe it shouldnt have any effect on dependent VISA application, but you never know UKBA.


It is a real shame that she lied and i can only blame it to her nervousness because no one can be stupid enough to tell a lie when they know everything is recorded on the system.

And yes i also agree that we need to explain the circumstances why she was refused the entry.

My girl friend was also told that because she stayed more then 3 months it also caused a problem, which i didnt really understand because she was given the VISA for 6 months, so we though she can stay for 6 months. And i think many countries do give you 6 months VISA but they dont expect you to stay for me then 3 months continuously.

Any idea about that??

Thanks again.

It won't have any bearing on the outcome of a settlement visa application. Check the box on the form in section 6 that asks if you have ever been refused entry on arrival to the UK, and go on to explain the circumstances. However, this event will delay the normally speedy visa emission by about six weeks while the Rio consulate wait for the results of mandatory checks with their counterparts in the UK. It's a shame because if she had told the truth she would have been admitted without any problems.

[Lucapooka]

I also believe it shouldnt have any effect on dependent VISA application, but you never know UKBA.

No, the rules and guidelines are very clear and there is nothing in this situation that would permit an ECO to refuse a settlement application.

[vinny]

My girl friend was also told that because she stayed more then 3 months it also caused a problem, which i didnt really understand because she was given the VISA for 6 months, so we though she can stay for 6 months. And i think many countries do give you 6 months VISA but they dont expect you to stay for me then 3 months continuously.

Any idea about that??

See also Genuine visitor: relevant and irrelevant considerations.

[Lucapooka]

In fact most countries restrict vist entry to 3 months (Brazil included). However, in the case of Brazil an application for a further 3 months can be made at the Policia Federal just before the end of the first 90 day prazo. In the north of Brazil there has been arbitrary curtailment of Italian male tourists to 30 days on entry as a measure to combat s e x tourism (although I don't see what they can do in three months that they can't do in 30 days)

One of the comments from Vinny's link suggests that a continouus six month visa is perhaps too long for what should be a visit and I actually inclined to agree with that for general visits. I prefer the Schengen model of 3 in, 3 out, 3 in.

[anotherone_waiting]

Would it possible for you to suggest me a URL where i can find this guidlines please?

No, the rules and guidelines are very clear and there is nothing in this situation that would permit an ECO to refuse a settlement application.

[bob-russell]

In fact most countries restrict vist entry to 3 months (Brazil included). However, in the case of Brazil an application for a further 3 months can be made at the Policia Federal just before the end of the first 90 day prazo. In the north of Brazil there has been arbitrary curtailment of Italian male tourists to 30 days on entry as a measure to combat s e x tourism (although I don't see what they can do in three months that they can't do in 30 days)

One of the comments from Vinny's link suggests that a continouus six month visa is perhaps too long for what should be a visit and I actually inclined to agree with that for general visits. I prefer the Schengen model of 3 in, 3 out, 3 in.

The UKBA guidance to ECO's suggests visits should be no more than six months out of twelve (ie: if you stay six months on one vv they will not grant a second visa in quick succession). This is not law however.

[newperson]

Just one thing...

It is unclear what visa, if any, the original poster is currently on himself. He has consistently mentioned that his girlfriend intends to apply for a dependent visa, which leads me to suspect that he may *not* be settled in the UK himself.

Settlement visas are only intended for non-EU partners of individuals already or soon-to-be settled in the UK.

The consequences for deception are different for individuals on the PBS routes, including dependents seeking dependent visas. For settlement visas, former deceivers are treated with more clemency.

anotherone_waiting, what is your current status in the UK? If you are not already a EU/UK citizen or an ILR-holder, how far away are you from attaining settled status?

[anotherone_waiting]

Thanks for your reply.

I am on the 4th year of my Tier 1 General VISA, Next year i will file my ILR.

I hope it helps.

Cheers

Just one thing...

It is unclear what visa, if any, the original poster is currently on himself. He has consistently mentioned that his girlfriend intends to apply for a dependent visa, which leads me to suspect that he may *not* be settled in the UK himself.

Settlement visas are only intended for non-EU partners of individuals already or soon-to-be settled in the UK.

The consequences for deception are different for individuals on the PBS routes, including dependents seeking dependent visas. For settlement visas, former deceivers are treated with more clemency.

anotherone_waiting, what is your current status in the UK? If you are not already a EU/UK citizen or an ILR-holder, how far away are you from attaining settled status?

[Lucapooka]

So that means you will be married in Brazil, and she will then enter as a PBS dependent partner. She can't enter the UK to marry and then remain with you; the UK immigration rules don't allow for that scenario in the case of PBS migrants. Otherwise, she may visit the UK to marry you but then she will have to leave to apply for her residence visa.

[vinny]

Then she tried to come back in September 2011 (After a year and 1 month) but she was not given the entry and she was investigated. I did speak to the immigration office at the airport and he accused my girlfriend to use deception.

Unfortunately, she may be subject to a ban for at least one year or until you are granted ILR.

[Lucapooka]

Vinny, surely that would require an IS82A notice citing para 7A (Deception)? The OP merely says she was refused entry for arbitrary reasons that only suggested deception.

[anotherone_waiting]

Thanks for you reply again.

Yes she cant enter into UK to marry me, in fact no country provides the VISA to get married in other country, It has to be Tourist visa if someone wants to get married.

I am from India and we will get married in India as our rituals and will have a ceremony once we are married in the court. We can only married in the court to make our wedding lawful/legal since our religions are different.

The only thing i want to confirm is "The possibility of any issues when she applies as PBS dependent VISA either from India or Brazil" although i hope there shouldn't be any problem.

I didnt understand the below mentioned statement.

the UK immigration rules don't allow for that scenario in the case of PBS migrants.

Cheers

[vinny]

If deception was one of the reasons given for the refusal, then she may have further problems.

[anotherone_waiting]

I am not sure that is why i am trying to check on this portal, although she was told that she needs to apply a VISA if she wishes to come back to UK.

Also do you have any reference from UKBA website in this regard ?

Would appreciate if you can confirm please.

Unfortunately, she may be subject to a ban for at least one year or until you are granted ILR.

[vinny]

Was deception mentioned in her refusal notice?

[anotherone_waiting]

Well that's what immigration officer told me "That she tried to use deception" when she was stuck with immigration. She was not given any paper to her since her passport was handed over to the Airlines. All she has on her passport is a BLACK INK stamp.

And as we are getting married in August this year definitely i would only be able to apply her dependent VISA after September.

If deception was one of the reasons given for the refusal, then she may have further problems.

[anotherone_waiting]

I cant really say if deception was mentioned on the notice because her passport and notice was handed over to the airlines and she only got her passport back when she was at Brazil airport.

Do you think if there is anyway we can check with UKBA regarding the same?

Was deception mentioned in her refusal notice?

[Lucapooka]

Unless she was specifically refused under 7A I can't see how 7B can be cited in the refusal of another application. There are procedures that need to followed.

In deception cases, you will need to take into account representations from the applicant as to why they did not use deception. Subject to that, you can assume that the officer who took that decision applied the correct burden and standard of proof, unless the decision was overturned, for example, on appeal, Judicial Review or following reconsideration.

Examples of when you can assume that the officer applied the correct burden and standard of proof for establishing deception:

Electronic copy of refusal notice held only (no other papers/docs). Applicant refused under, for example, paragraph 40 and reference made to the fact they applicant used false docs.
Electronic copy of refusal notice held (no other papers/docs held). Applicant refused under 320(21) (false docs), 320(7A) or other deception rule.
Electronic copy of refusal notice which makes reference to deception, false document / relevant papers held.

[Lucapooka]

She can check by applying for a visit visa. They will soon tell her if she is banned.

[anotherone_waiting]

I think that might be bit difficult because she needs to apply her Indian Tourist VISA with in a weeks time and then she is flying to India.

Probably i will try to contact UKBA at Heathrow and will ask her to call in Brazil too, that might work.

She can check by applying for a visit visa. They will soon tell her if she is banned.

[Lucapooka]

She was not given any paper to her since her passport was handed over to the Airlines.

She must have been issued and IS 82; that's mandatory. Perhaps she misplaced it?

[anotherone_waiting]

Talking to my girl friend now and she is saying she was not given any paper at all, and she got her passport in Brazil.

So as far as IS 82 is concern i will say NO, may be Brazil immigration kept it with them when they handed over her passport to her.

She was not given any paper to her since her passport was handed over to the Airlines.

She must have been issued and IS 82; that's mandatory. Perhaps she misplaced it?

[Lucapooka]

This is beginning to sound very strange indeed. I'm not sure you have the full facts, and if you don't have clear information to give the forum, the forum can't return clear information to you.