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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6298
Experience:  BA (Hons), PgDip, Practising Solicitor
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my daughter was not allowed entry at UK immigration and was

Resolved Question:

my daughter was not allowed entry at UK immigration and was issued a stamp in her passport with a line cross through the stamp. She was invited for an internship but the sponsor did not have a certificate of sponsorship. she is now returning for her fall semester at UCL, will she be allowed entry with that stamp in her passport?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

What nationality is your daughter?

What visa has She applied for?

Tom
Customer: replied 1 year ago.
We are US citizens and she had not applied for a visa as she was to be there 80 days. In September she is to attend UCL, will have all papers indicating sponsorship by UCL but IFSA (agency which organizes study abroad) says she will not need a visa to attend. Our concern is that immigration will refuse entry because of the stamp with the thin crossed lines. Very frustrating as we missed any information on her trip in June that would have indicated a COS (certificate of sponsorship) was required. Perhaps we are arrogant Americans!!
Expert:  Thomas replied 1 year ago.
Okay. I'm sure your not arrogant, the UK immigration rules are confusing to many people, regardless of where they come from..

Am I right in understanding that she attempted entry without a visa in the normal way US citizens do when coming for a visit?
Customer: replied 1 year ago.
Yes, she had no visa, just her letter of invitation for am unpaid internship for 8 weeks
Expert:  Thomas replied 1 year ago.
Hi,

I presume that she told them that she was attending for the internship. Correct?

If not, please state what she told them..

Tom
Customer: replied 1 year ago.
She was totally honest during her questioning and for the 8.5 hours she wad held
Expert:  Thomas replied 1 year ago.
Hi,

Thanks.

You have stated that she is returning for her fall semester at University College London.

Does she hold a visa for this (if so, please state which visa) or is she applynig for one?

Tom
Customer: replied 1 year ago.
No visa for the fall, IFSA says it is not required. UCL is the sponsor and it appears She would not need a visa for under 120 days. Should she apply for a tier 4? Would that ensure her entry?
Expert:  Thomas replied 1 year ago.
Hi,

How old is your daughter please?

Tom
Customer: replied 1 year ago.
22, here are a few other details:
Immigration did finally release her to me as I was traveling with her, and she was allowed to be a tourist for 1 week but had to leave with me. Immigration kept her passport for the week.
Expert:  Thomas replied 1 year ago.
Thanks.

What does the internship actually involve? Is she studying there or working?

Tom
Customer: replied 1 year ago.
she never made it to the internship, it was to gain experience, technically she would have been doing work but for educational purposes which is what an internship is. But immigration suggested she was attempting to gain employment in England. My daughter had already been accepted to UCL before she left on June 6 for the internship. She was planning to return in August and then go bak for school in September
Expert:  Thomas replied 1 year ago.
Hi,

Sorry it's taking so long!

What is she doing at UCL precisely, is it a course of study or something else?

Tom
Customer: replied 1 year ago.
She is going into her junior (3rd) year of college with a major in economics. This will be her semester abroad.
Expert:  Thomas replied 1 year ago.
Okay.

Have UCL issued her with a Confrimation of Acceptance of Studies letter?

Tom
Customer: replied 1 year ago.
I have yet to see that but have been told by IFSA that she will have all proper documents for entry including her confirmation of enrollment...thanks for asking all the right questions
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

US citizens are only not required to apply for visas if they are travelling to the UK for a short visit, which means for recreational purposes.

If a US citizen is coming to the UK for something akin to work or study then they would require a visa.

If she is coming to study at UCL for a semester then this is studying, for which I would normally expect a Tier 4 visa to be required.

In any event her refusal is a complicating factor. This means that the UKBA will be aware of it when she attempts re-entry. If she does so without a Visa then I can see it causing problems.

My view is that the safest thing to do would be for her to apply for a Tier 4 visa, but in order to do this she must have a Confirmation of Acceptance letter from her college who must be licensed to sponsor Tier 4 applicants:-
http://www.bia.homeoffice.gov.uk/visas-immigration/studying/adult-students/can-you-apply/cas/
In the application I would advise disclosing her attempted entry (they will know about it anyway) and mitigating it by explaining the misunderstanding.

It seems unclear what documents the agency you refer to actually have. I would contact them and explain them to refer you to the particular part of the immigration rules which affords her (in normal circumstances) to enter the UK to study for this period of time without a student visa and ask them specifically about what they hold from UCL.

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Kind regards,


Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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