How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2104
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

Greetings! I got 10 years entry ban stupidly 3 years earlier.

Customer Question

Greetings!
I got 10 years entry ban stupidly 3 years earlier. Here is the story:

I am from Kazakhstan originally and graduated from university in the UK mid 2009, after which I still had 1 year Limited Leave to Remain visa left as I completed the course earlier than planned. After graduation I went to China for language school and got job offer from Dubai which I accepted. On the way from China to Dubai I had a stop over in Austria as well as the UK. I easily entered and left UK without any issues.

After working in Dubai for 5 months, I realized that it was not exactly what I was planning to do and decided to return to the UK in order to apply for 2 years work permit as I had available from Home Office due to completion of higher education in the UK. This is when the trouble started.

I packed all my things and easily boarded with still valid for another 5 months visa. When arrived and was going through the passport control, the immigration officer started to ask a lot of questions and didn't like something. I got worried and as I was scared of being sent back to Kazakhstan or the UAE as at that moment I had nothing in there. So in rush I remembered that my student card is still valid and I said s an excuse of my visit that I am still a student. A lot of other questions been asked afterwards and I was detained by UKBA. At the interview with the officer I admitted that I got scared and didnt say truth and explained the situation exactly as I wrote above that I wanted to get the work permit and thats why i arrived.

Soon after the interview, she came back and said that they decided not to let me through the border and thats they will send me back. They didnt offer to pay from my pocket,, they just got me the tickets.

Meanwhile, I asked the officer if this will affect my future entry or not, when they said with smile that it won't.

I was put on the plane and sent back to Dubai.

Upon arrival, I went and applied for the work permit from the UAE and got negative reply, that was read as follows:

Maintenance Section:
I did not meet the financial requirements as i submitted the copies of the bank statement.

General Grounds for refusal:
ECO Comment: You were refused entry at London Heathrow Terminal 3 on 06-05-2010 where you attempted to use deception to facilitate your entry into the UK by stating that you were a returning student when in fact you had completed your studies in June 2009. I am therefore refusing you entry clearance under paragraph 320 (7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration riles untill 06-05-2020

I have not applied for an appeal as I got very upset with such treatment. However, now I am planning to apply for a postgrad. course in Canada and I affraid that it will affect my entry. Therefore, I would like to request advise on possibility of clearing this log in the system at present time.

Please advise

thanks

Roman
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Unfortunatley, the only way you would have been able to get this record off the system would have been to appeal the decision to refuse you entry clearance at the airport, they would usually have asked if you wish to appeal this decision and if you believe you had the grounds for an appeal and that the refusal was unlawful then you should have appealed.

The fact that the decision was not appeal meant that the decision stood and now it looks like that you were happy to accept the decision and not challenge it. Furthermore, if you believe that the most recent decision should not have been refused then again this should have been appeal and you should have stated the reasons why you did not appeal the original decision at the airport (ie that you were scared)

The fact is as things stand you have lost your chance to appeal the original decision to return you to your home country.

What I suggest you do is state mitigating circumstances regarding your visa ie you were scared, confused etc when you were returned home at the initial refusal. This would help your application and also help the Canadian immigration officer understand to reasons for you stating why you were a student when you were not.

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question if so kindly rate my answer positively.

Kind regards
Customer: replied 1 year ago.

Hi,


 


sorry for delaying,


 


Does this count now as a criminal offense? if not, what sort offense is it?


 


As I am planning to write an explanation letter to the officer, is there any specific template or format i need to follow for this matter?


 


regards,

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Paragraph 320 (7B) of the immigration rules states:

where the applicant has previously breached the UK's immigration laws (and was over 18 at the time of his most recent breach)by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

In your case paragraph d will be the most applicable. Strictly speaking it is a criminal offence and breaching any immigration laws would be. There is no specific letter format you need to follow, what you can do is write in the letter the reasons why you lied to the immigration officer, the best thing to do now would be to write as many reasons as you can to justify your actions. You need to refer to the refusal letter and paragraph by paragraph write in the letter how you refute each one.

I hope this answers your question,if so kindly rate my answer positively.

Kind regards
Customer: replied 1 year ago.

So I am being recorded as a criminal now in the UK without knowing it... Too bad that I didnt appeal...


 


from your personal experience and view, can you please tell me what are the chances of getting the application approved after writing the letter? I have easily traveled around EU and nobody ever stopped me for that.


 


And what will be the consequences in case if it will be refused? Do you think Canadian immigration will ban me too?


 


regards,

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The letter gives you a chance, but it is a very slim chance due to you not having appealed the original decision. This letter will only go so far as to inform the ukba that you do not agree with the ban, but the fact is that you did try and deceive the immigration officer and lied to obtain entry.

The Canadian will know about your ban, so the best thing to do would be to try and state reasons of why you deceived the immigration officer and explain the situation to them on an application form, the rest will be up to them, whether they let you enter or not.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

ok understood, thanks.


 


one last question here, apologies for taking long.


 


when I went to other shengen states last summer (Austria, France) the tourist agency applied for my visa here in the UAE and it got cleared with no problem, I guess its because the question in Austrian visa form requested confirmation on such incidents within the past 2 years.


Does it mean that tourist and student visa processing is normally different or the immigration is checking the full history only only if you tick that box?


 


regards,

Expert:  UK_Lawyer replied 1 year ago.
It's not a problem.

Yes, different countries have different checking procedures and you are correct in assuming that different visas have different checking and types of checking applied to them. No one can say categorically what checking or how enhanced the checking system of a country is but from experience Canadian immigration are extremely through with their checks

I hope this clarifies the matter and I would be grateful if you can rate my answer positively.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2104
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you
Expert:  UK_Lawyer replied 1 year ago.
I hope I have answered your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

hi there,


 


on the same issue, in case if I get married with a British lady, will it eliminate the ban or create a loop for me to bid against that ban?


 


regards

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes in your case this will have an effect on your next application and it would eliminate the ban.

Under paragraph A320 of the Immigration Rules, the UKBA will not refuse an applicant under 320(7B) if they are applying in the following categories:

• Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A); (Applicable to you)
• Fiancé(e), or proposed civil partner (Paragraph 290);
• Parent, grandparent or other dependant relative (Paragraph 317);
• Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (paragraphs 352A, AA, FA, FD);
• Those applying to exercise rights of access to a child (paragraph 246);
• They were under the age of 18 at the time of the most recent breach of the UK's immigration laws.
As concessions outside the Rules, the UKBA will also not refuse an applicant under 320(7B) if:
• the applicant has been accepted by UKBA as a victim of trafficking
• the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008

In addition the UKBA will not refuse an applicant under 320(7B) if:

• false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;
• the period specified for automatically refusing applications has expired; or
• following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach, for example, a student who has overstayed but was granted LTE following an out of time application.

I hope this answers your question.

Kind regards

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience