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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2693
Experience:  Partner in national law firm.
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I came to the UK on my passport (US) after my Tier 4 Student

Resolved Question:

I came to the UK on my passport (US) after my Tier 4 Student Visa expired. I am going back to a new university program in the fall and have a flat in the UK that I am keeping in the interim. I came back to the UK after being gone for 6 weeks and was given temporary admission (3 days) and told I have to leave until school starts even though I have the funds because I hadn't purchased a return ticket to the USA at the time of my arrival in the UK. They did not give me the opportunity to purchase a ticket, even though I said I would do so if that would mean I could stay. My luggage was searched, they called people, checked my finances, etc. Everything was fine and the two immigration officers thought I'd be able to stay. The supervisor said no because I have a flat in the UK. I have private health insurance, not seeking funds from the UK, never over-stayed my visa, never been arrested, have money to remain, etc. How can I get this action reversed before Monday's flight home (that they are making me take)? I want to travel all over the UK during my break between degree programs. I would have to be home in 3 months to renew my Student Visa, anyway. How can I postpone my return???
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Alice H replied 2 years ago.
Hello and welcome to Just Answer. My name is XXXXX XXXXX I'm happy to help with your question today.

Appeals against refusals of entry clearance are only permitted in limited circumstances – e.g. where someone has applied for entry clearance so as to visit family in the UK, or where it is alleged that the refusal of entry clearance is contrary to human rights or race discrimination legislation.

Where no appeal is permitted, a person may request a review of his or her application by an entry clearance manager (called an „administrative review‟). Entry clearance managers are also UK Border Agency staff.

On a review, the entry clearance manager will only look at the material that was considered by the entry clearance officer. There is no appeal against the decision of the entry clearance manager.

The reality of your situation is that you have not been given much time so you must immediately contact the immigration office whose details you were given and ask for a review by the manager. If you are successful they will extend your entry. If not you must return to the US to risk jeopardising re-entry later this year for your studies.

Alice H, Solicitor Advocate
Satisfied Customers: 2693
Experience: Partner in national law firm.
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