Implications of being served with a IS151A form

[tonyfisher]

Hello. I entered the UK in November 2002 with a Working Holiday Visa, before the visa expired i applied for a HSMP (August 2004) and found out in April 2005 that my application was unsuccessful. I then finished working with my employer and left the UK in June 2005. Upon leaving I was served with a HO form IS151A. I did discuss with the IO my HSMP application request but since i didn't have the paperwork on me (shipped home) i could not prove it on the spot. I guess they thought i had overstayed on my 2 year WHV when i guess i had only stayed seven weeks extra after being advised that my HSMP application was unsuccessful.
My question is, what limits are now imposed on me by being issued with a IS151A form ? Also, can i appeal the issuing of the form ?
Any reply would be greatly appreciated. - Thanks.

[antontony]

Hello,

IS151A is issued to overstayers. It is called notice of administartive removal.

It is nearly harmless - you can apply to come to the UK the next day you return to your country.

Certainly you will have to include the details of getting IS151A in your future applications to the Embassy/HC.

Regards,

Anton

[Jeff Albright]

It is nearly harmless - you can apply to come to the UK the next day you return to your country.

Yes but I am again making the same point I have made in previous posts with similar content.

There is a Rule 320(11) that prohibits any former overstayer from coming back to the UK even if all the basic rules are met.

It says that entry clearance should normally be refused if the person has failed to observe the time limit attached to his previous leave to remain.

Because this is the Rule, it must be followed by the ECO.

[ppron747]

I do wish you would stop peddling this line, Jeff. The rule says that entry clearance should "normally" be refused. It DOES NOT prohibit the issue of entry clearance, as you claim. And there are many instances where overstayers have indeed successfully applied for entry clearance...

[Jeff Albright]

I do wish you would stop peddling this line, Jeff.

If you wish so, you ask politely and give reasons.
Because no one has commented on this so far or given any example when this rule was disregarded/not followed. What are the ECO's general guidance on this - I do not know. Anyone knows?
This is important question to clarify and may be very useful for some members of this board to have sufficient understanding of this.
NORMALLY means in NORMAL situation. It literally says that the situation/circumstances has to be special "exceptional" for this rule to be waived. Consequently, it follows that unless there are special circumstances. the entry clearance is to be refused under it.

Personally, I do not wish any refusal happen to anyone like this. What I do want is to clarify the implementation of this rule in the consideration process for entry clearance applications from former overstayers. This will give clear idea to the people concerned what to expect when making such an application. Is that clear now?

hope so...

[John]

Because this is the Rule, it must be followed by the ECO.

Jeff, not so, anything in para 320 is discretionary and whilst something in para 320 can be used, it does not have to be ... and there are numerous instances posted on this Board where clearly something in para 320 could have been used, but it was not.

So your suggestion of "must be followed" is clearly not true.

[Jeff Albright]

Jeff, not so, anything in para 320 is discretionary and whilst something in para 320 can be used, it does not have to be ... and there are numerous instances posted on this Board where clearly something in para 320 could have been used, but it was not.
So your suggestion of "must be followed" is clearly not true.

Thanks. I sincerely hope so. However, a better understanding of this would not be bad at all.

Anyway, I wish the Author good luck with his application, hopefully something good will come out of it and perhaps he would let us know how it went.

[John]

Thanks. I sincerely hope so. However, a better understanding of this would not be bad at all.

Jeff there are numerous instances on the Board of people returning to this country, and sometimes quite speedily, where one or more of the grounds in para 320 could have been used had the ECO been so minded. Clearly use of para 320 is discretionary.

[tvt]

I think the reason behind these dubious removal notices is to enable the Home Office to beautify the statistics without the need to actually remove anyone. In our day and age everything is about statistics.

[Jeff Albright]

Jeff there are numerous instances on the Board of people returning to this country, and sometimes quite speedily, where one or more of the grounds in para 320 could have been used had the ECO been so minded. Clearly use of para 320 is discretionary.

John, this was also my understanding.
However, most of people from thie borard who made a return to the UK this way were failed asylum seekers. The Rule 320 does not apply to them, as they were illegal entrants and not overstayers. There is no such paragraph saying "Entry clearance should normally be refused if the person previously entered the UK without valid entry clearance"

I hope you are right anyway...

[tonyfisher]

Hello again.
Thanks for the replies. I was hoping for at least one and to get a few is great. I now have quite a good job with a multi-national that has the HQ based in London. I am hoping they don't ask me to come to London for any training / meeting as i would rather not have to get to Heathrow to be turned back !
I think I was told that i could come back into the UK but it was at the discretion of the IO at the port of entry. I guess i would have to take proof of my job and anything else permanent that i have back home (home mortagage) to show that i would not disappear into the UK somewhere as soon as they let me in and overstay again ?
I will enquire with the local UK consulate and see if i can chat with someone about this IS151A form.

Thanks again for your feedback.[/quote]

[Jeff Albright]

I now have quite a good job with a multi-national that has the HQ based in London. I am hoping they don't ask me to come to London for any training / meeting as i would rather not have to get to Heathrow to be turned back !

Be careful. See this post http://www.immigrationboards.com/viewtopic.php?t=11220
If they apply for Work Permit for you, make sure it is for more than 12 months, say 2 or even better - 5 years.
A guy overstayed in the past, left voluntarily, got Work Permit (was interviwed over the phone by his employer), got refusal.

I think I was told that i could come back into the UK but it was at the discretion of the IO at the port of entry.

If you get the correct entry clearance by making a genuine application, you would normally be let in. Nothing to do with discretion by IO.

I guess i would have to take proof of my job and anything else permanent that i have back home (home mortagage) to show that i would not disappear into the UK somewhere as soon as they let me in and overstay again ?

They cannot refuse by saying "we don't believe that you won't overstay again". They can refuse on one of the basic rules (say they will not be satisfied that you will return (if your Work Permit for 12 months or less), or they will not be satisfied that you will actually be working for your nominated employer or they say they are not satisfied that you will not be taking any other employment than that in your work permit). Having used one of these reasons, they will also combine it with the rule 320(11).

I will enquire with the local UK consulate and see if i can chat with someone about this IS151A form.

let us know how it went

best of luck with everything.