-5

I read in a fairly impressive and thorough TSE answer that it was but was then told by my solicitor today that that is rubbish.

1
9

I am going to repeat the quotation I gave in a previous answer on this:

The Home Office Guidance for the Common Travel Area, updated in April 2020, has this to say about your situation:

People without leave who have previously been refused leave to enter the UK

A person who has been refused entry and has not since been given leave to enter or remain requires leave to enter. Where you notice such a person arriving in the UK from within the CTA, you must submit them to further examination in the usual way. If you decide to refuse leave to enter, you must give directions for removal either to:

  • the place within the CTA from which the passenger arrived
  • another appropriate country

If such a person enters without leave and is subsequently noticed, they are an illegal entrant and they may be removed without refusal of leave to enter under paragraph 9 of schedule 2 of the Immigration Act 1971.

Its right there in the guidance -

  • A person who has been refused entry and has not since been given leave to enter or remain requires leave to enter.
  • If such a person enters without leave and is subsequently noticed, they are an illegal entrant and they may be removed without refusal of leave to enter under paragraph 9 of schedule 2 of the Immigration Act 1971.

It is not legal to enter the UK via the Common Travel Area if you have been refused entry previously and not subsequently been granted leave to enter.

9
  • Hmm, what does "removed without refusal of leave" mean, by the way? – Joseph P. Sep 17 '20 at 23:24
  • 1
    @JosephP. they dont need to issue you with a refusal (as a "refusal of leave to enter" might be appealable in some circumstances, so this prevents that appeals process from being available), you are just removed from the country. – Moo Sep 17 '20 at 23:37
  • 1
    @JosephP. yes, you are missing something - the original refusal is entirely separate to the subsequent illegal entry and overstay. You can be removed without refusal for the latter and any pending outcome of any appeal on the former would have utterly zero bearing on that. – Moo Sep 18 '20 at 0:08
  • 3
    @JosephP. any successful appeal to a previous refusal would not wipe the slate clean with regard to the subsequent illegal entry and overstay - the two situations are only linked by the fact that they refer to the same person, thats it, in all other ways they are separate events and as such have their own outcomes. You might be successful with the appeal for a prior refusal, but that doesn't make good the fact that you separately broke the law by entering via the CTA when you were not eligible to do so, and also it doesn't make good the overstay, which would be unlawful anyway. – Moo Sep 18 '20 at 0:16
  • 1
    @JosephP. that would be a different question with a different answer imho. – Moo Sep 18 '20 at 0:57

Not the answer you're looking for? Browse other questions tagged or ask your own question.