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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7475
Experience:  BA (Hons), PgDip, Practising Solicitor
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What is the charge if I get caught entering the Uk while an

Customer Question

Hello
What is the charge if I get caught entering the Uk while an order of restriction is in place.
And if I get caught inside the country is different?
Many thanks!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience

Have you received am entry ban from the uk?

Tom

Customer: replied 1 year ago.
I've signed it voluntarily, and now I'm intending to go back and start build a case.
What are the risks if I get caught at the border, trying to entry. What about if I make it inside and I get caught after ?
Many thanks!
Expert:  Thomas replied 1 year ago.

Hi

What length of entry ban did you receive?

What were the circumstances of how you received your ban?

Kind regards

Ton

Customer: replied 1 year ago.
They tricked me...so I signed a 10 years ban, I think. The felony was attemt to fraud the bank.
I'm not satisfacted with how this discussion goes. It been 2 days and I still don't got the answer at my first question...
Thank you.
Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, if you receive a 10 year ban then any application that you submitted before the expiry of the bank would be rejected. It would not be considered at all.

If you were minded to attempt to dispute the reason that they gave you the ban, the you would have to dispute the original fraud which you have mentioned.

Were you to attempt to enter the UK you would be refused. If you somehow managed to get in the to the UK using your own passport and the home office simply did not realise this then when you attempted to leave the UK they would likely realise and then levy a further 10 year ban on you for breaching the re-entry ban. They could also bring criminal charges, but will generally choose not to do so provided that they can easily remove you from the UK.

Obviosuly, were you to attempt to use another’s passport to enter the UK then this would be a crime in itself and they would, again, levy a further 10 year ban and possibly bring criminal charges against you.

Were you to be completely exonerated of the fraud for which you received then it would still be difficult but you would stand a bit more of a chance.

I am sorry.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 1 year ago.
I do not understand quite well this part: "Were you to be completely exonerated of the fraud for which you received then it would still be difficult but you would stand a bit more of a chance."
The fraud crime was actually consumed...It happened back in 2010, when I received a 1 year sentence, I served 6 months in custody, back then. And the problem was that I did not attemt the probation time, and I left the UK, to go back to my country.
All good so far...but when in came back in 2014 they let me enter the UK but arrested me when I tryed to leave, I served 1 month because I did not attemt the probation back in 2010, and they said that I will be released in UK.
In the last day, an immigration officer came to see me and he said I will be moved to an immigration detention centre, I was, and there I actually didn t want to spent more time in detention and I signed voluntarily the ban, even if I knew that the case is not a strong case to be deported.
So, when I can say that the fraud will be exonerated?
Thank you so far!
Expert:  Thomas replied 1 year ago.

Hi,

If you were convicted of the crime then you do not stand any chance of now having it overturned.

Also if you voluntarily signed the ban then there is nothing you can do now. You may consider that it was inadvisable to sign it but you did sign it and ultimately there is nothing to be done about it now.

I really am sorry, but the ban is now binding.
Kind regards.

Tom

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