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Appeal from outside the U.K.

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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QuantGuy
Newly Registered
Posts: 12
Joined: Sat Jun 09, 2012 1:42 pm

Appeal from outside the U.K.

Post by QuantGuy » Fri Sep 07, 2012 4:17 pm

Here's my situation:
I traveled outside the U.K. on an emergency U.S. Passport issued by the U.S. Embassy in London whilst my Tier 1 application was being processed. I tried to re-enter the U.K. on Sept 6 and was denied entry because my application was rejected in a letter dated Sept 3. I was shown a copy of the rejection letter but not given a copy while I was detained. The letter said I was rejected because my earnings in my limited company did not match the transfers to my bank account. But, they do! So, my question is, how do I file an appeal from outside the country? The immigration officer said that it was not possible to file an appeal from outside the country but, I find this impossible to believe. There's got to be some way even if it means overnighting original signed documents, etc. back and forth between the U.S. and U.K. In my experience, there's ALWAYS a loophole in a bureaucracy.

I was told that I could not enter the U.K. as tourist on Sept 6 because I stated my intention to enter the U.K. was to "return to work" and entry is based upon what someone first says their reason is. Hence, my forced return to the U.S. The officer also said I would have gotten hassled had I tried to enter as a tourist.

I had left and re-entered the U.K. successfully twice before using my emergency passport whilst my visa was being processed: once before my original visa had expired and once afterwards. So, I had no reason to suspect I would have problems. The immigration officer told me I should have gotten hassled on both re-entrys and the second time that immigration officer did not do what he was supposed to. So, bottom line, the Home Office and Immigration ARE connected.
Thanks

Manka10
Senior Member
Posts: 714
Joined: Wed Feb 22, 2012 9:11 am
Location: 127.0.0.1

Post by Manka10 » Fri Sep 07, 2012 5:02 pm

I presume you have a right to appeal in which case your best bet is an immigration lawyer who can represent you in your absence & file an appeal on your behalf
Manka

QuantGuy
Newly Registered
Posts: 12
Joined: Sat Jun 09, 2012 1:42 pm

Post by QuantGuy » Sun Sep 09, 2012 7:57 pm

Fortunately, my landlord has sent me a scan of the rejection letter and a copy of the appeal form. After a quick scan of both, I don't see anything that states I HAVE to be within the U.K. to file an appeal.

Does anyone know of a successful appeal from outside the U.K. after a refusal for entry was made?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sun Sep 09, 2012 9:05 pm

If they have provided you with form IAFT1 to appeal then this does clearly state that appeals on this form can only be made from within the UK. You will need to complete form IAFT3 as your are appealing from outside the UK. See here

http://www.justice.gov.uk/forms/hmcts/i ... and-asylum

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