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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi,I was recently refused entry into the UK in May this

Resolved Question:

Hi,


 


I was recently refused entry into the UK in May this year and was told by the IO that I would need a visa to come back. So silly me I went ahead and did all my research and filed for a general tourist visit visa. I originally paid for priority service to expedite my passport return, but instead it took about 15 business days.


 


I just got my package back yesterday with my entry clearance refusal. It wasn't as bad as I thought it would be there were only 2 reasons stating why. I didn't include some documents and now looking back I didn't have a correct document. The Decision


 


"Although you have presented some documentation to establish your eligibility for entry clearance as a visitor on the balance of probability I am not satisfied that you meet all of the requirements of paragraph 41 of the immigration rules. Paragraph 41(i) requires that ou are genuinely seeking entry as a visitor for a limited period as stated by you, not exceeding 6 months and paragraph 41 (ii) requires that you intend to leave the UK at the end of the period of the visit as stated by you. You wish to visit the UK for 3 months and that you plan to return to the US to undertake a Culinary Arts Program in the spring of 2014. You have provided a single online screenshot as evidence of your enrolment but i am not satisfied with the presentation of this document as no enrolment date, course length or payment are displayed. Furthermore no mention of spring 2014 is displayed on the document."


 


I realized after looking at my copy of my document I sent and on the schools website that I had mistakenly enrolled myself in a course that had already finished Spring 2013, So I don't think I can change anything about that school wise until the spring 2014 course shows up on the schools site. I was originally enrolled in Fall 2013 and I switched my course start to the spring (or I thought I did).


 


The second reason was.


 


"You also state that you have travelled extensively in the last 2 years, do not work and are supported by family and savings. In view of this I am not satisfied you have ties and commitments in the US that will prove suitable incentive for you to depart the UK at the end of your visit. I also not that you were refused entry to the UK as Immigration Officers were not satisfied as to your intentions to visit the UK as a genuine visitor and given the evidence submitted I am not satisfied your circumstances have changed. Given the above I am not satisfied as to your intentions to visit the UK. Based on these considerations, I am not satisfied that you meed paragraphs 41(i) and 41(ii) of the immigration rules. "


 


So now my entire Europe travel plans have been delayed, I now have 2 marks on my passport. I've already missed a couple flights and I have another flight from London-France in about 10days. I am not sure what to do, I am wanting to know am I able to fly into France to continue my trip as originally planned or will the denied Entry and Visa be a problem when I fly in?


 


(I also am wondering what to do about my whole visa application, I am unable to prove my school course currently because the spring enrollment isn't up yet and probably wont be for a couple months. But as to being supported by my family and able to travel, I never thought that would go against me in my application. I was in school before but I withdrew to travel to see the world. I never once overstayed on any of my travels, and none of them were for very long times.)

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
A visa refusal for the UK should have no impact on you being able to enter France.

There is no point in making another visa application until you can overcome previous objections by showing the booked course.

If your passport clearly shows you being in a variety of countries and not overstaying then you can use this to support your application for a visa as this history should give the ECO some reason to believe this pattern might continue.
Customer: replied 1 year ago.

Do you think if I were to provide copies of my old itineraries in the next visa application of my previous travel history showing my round trip flights would that support my next application? And would it be best to photocopy the pages in my passport as well?


 


I also am wondering if I was over in the EU, since I have been refused entry and now refused a visa, I would not be able to enter into the UK right? Or if I were to carry correct documentation on me to support that I would be leaving and only coming for a short amount of time to visit, would I be able to come in?

Expert:  Howard replied 1 year ago.
You should always provide copies with an application. They would be able to see your travel history from the passport but a covering letter and itineraries could help to make th situation clear.

If you tried to enter from the EU then you are likely to be asked a lot of questions and so you should ensure that you have plenty of evidence that you can support yourself financially (savings) and that you will be leaving the UK (tickets to leave).
Customer: replied 1 year ago.
So I am still allowed to attempt to enter into the UK?

Would a new passport show the refusal entry and refused visa? Or would that not show up right away when it's scanned?
Expert:  Howard replied 1 year ago.
Nobody can stop you trying and you should not assume that a new passport would avoid any potential problems. If you were to try this then I would make sure you have plenty of evidence with you to confirm travel plans (booked return tickets to leave the UK) and available funds.

The better option might be to make a new application with sufficient evidence to hopefully overcome the objections that were previously raised. Clearly show available funds and evidence where such funds have come from. If supplied by family then get the relevant family member(s) to write a letter confirming the funding and also confirming future plans to return. If accommodation has been booked in other countries that would help to confirm your plans to leave the UK then include booking confirmations.

You need to do everything possible to convince the ECO that you are unlikely to overstay and that you can afford not to work. You must make sure that you do not make simple errors such as the course booking confirmation error previously made as this makes it hard for an ECO to approve your application.
Customer: replied 1 year ago.
Seems like it might not be a good idea to get a new passport, and that if I do decide to try to go to the UK from the EU it would just be wise to carry all the correct documentation on me to prove I would be leaving and not staying.

Because I was refused a visa, does that mean I am not allowed to try to enter? Or can I still try? I looked around online and the UKBA site and it doesn't seem like I'm not allowed to try.

Thanks so much for all your help I really appreciate it.
Expert:  Howard replied 1 year ago.
You can still try - nobody can stop you trying to come into the UK. It does mean that you are more likely to be questioned and so it is really important that you can show you are genuinely intending to leave the UK. The ECO at the point of entry even has the power to refuse entry if you have a visa and would also have the power to allow you entry if you had been previously refused a visa.

The only time a refusal would mean you cannot try to enter would be if refusal was due to fraudulent applications, such as telling lies or providing fake documents.

If you have found my assistance to be useful then please rate your experience - it helps me and it also helps other users to know what level of service they can expect.

I wish you the best of luck!
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you

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