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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi thereI am a NZ citizen. I have previously been refused

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Hi there I am a NZ citizen. I have previously been refused entry to the UK (2005) on the grounds that I failed to provide sufficient grounds for a stay in the UK. Since then I entered and worked in the UK under the youth mobility visa scheme. I am in NZ and have a 3 month job contract in the UK under the creative and sporting temporary worker category. I have a sponsorship certificate and maintenance certification. Do I need to apply for entry clearance before travel to the UK because of my previous refusal? If so, what category of entry clearance can I apply for? If I do not require a visa what level of confidence do you have the UK immigration will not refuse me entry again? Regards,


INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, did you leave the UK before the expiry of your last visa?

Customer:

Hi there. Yes I did

Customer:

However the visa is no longer valid being a 2year youth mobility visa.

Hi,

One final question, how old are you?
Customer: replied 3 years ago.

I'm 26

Hi,

Sorry for the delayed response. Its been really hectic today.

As a NZ National, you would generally not require a Visa if you were coming to the UK to VISIT. However, you have stated that you will be working in the UK and therefore, you will require a visa before entry.

If you have a job in the UK, for whatever period of time, you will need to apply for Entry Clearance. If you have a job offer and you state that it is for a position under the Tier 5 (Temporary Worker - Creative & Sporting) Category, you will need to apply for Entry Clearance under this category.

The creative and sporting worker category covers people coming to the UK for the purposes of work or to perform as sports-people, entertainers or creative artists for up to a period of 12 months. Entertainers and creative artists may apply to extend their stay to a maximum of 12 months if they continue to work or perform for the same sponsor.

 

A sports person must be internationally established at the highest level in their sport, and/or their employment must make a significant contribution to the development and running of sport at the highest level in the UK.


For further details of the requirements and application process, click on the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/creativeandsporting/

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you wish to discuss, please feel free to ask further questions.

Kind regards
Customer: replied 3 years ago.

Thanks for your response.


 


See the following from: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/working/pbs/tier5-temporaryworker?view=Binary


 


Entry clearance required: Yes, except for non-visa nationals (assume New Zealand?) who are entering the UK in the Tier 5 creative and sporting subcategory for three months or less".

If as you suggest I should be applying for entry clearance, what sort of entry clearance would I apply for in country? Or, do you mean I would apply for entry clearance at the border?

Best,

Julian
Hi,

Sorry for the delayed response. I have been reading contradicting information from the UKBA website and their guidance notes. Following a detailed conversation with the UKBA and after much consideration of their guidance notes, I am of the opinion that as a NZ National, you would not have to apply for Entry Clearance, IF, you are travelling to the UK for 3 months or less. Any time period longer than this would require you to obtain Entry Clearance before you leave NZ.

I hope this helps. If so, kindly rate the answer and provide feedback.

If you wish to discuss, please feel free to ask further questions.

Kind regards
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your response. You have been most helpful.

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