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Wondering if anyone has been denied entry into the UK (because of a small misunderstanding etc) but were able to enter again without having to get a visitor visa/clearance visa?

Previous I held a T5 visa (2 year temporary work visa given to the commonwealth countries), on expiration I left the country, travelled around a bit before coming back to the UK to pick up my things, thinking that I can get in on the Common Wealth 6 months visitor visa as this would kick in. Boy was I wrong. Because of my previous visas, length of stay already, having friends in the UK, no kids, no mortgage to run back to, no job, no dog to look after (being independent is not allowed in certain situations), they thought that I was trying to “overstay”, and as there is no rule that says once held a T5 visa, you have to be out of the country for xx amount of time, it’s really up to the “mood” of the customs officer.

At that time (yes silly me) I didn’t book a return ticket as previously I had always been allowed in without having to show one (ok lucky) and I was going to do further travel to Europe but haven’t decided on where yet, I didn’t have a job (I was taking some time off), I have more than enough money to show customs to prove I can support myself in my travels, my Australian permanent residency to show I am going to Australia, my family in NZ (I am a New Zealand passport holder), my criminals records etc. But because of my “lack of responsibilities to return home”, my visitor request was not granted. Just to be clear - there was no way I was trying to stay, use free healthcare or take a job without proper visa. However, they gave me a “temporary admission for a person who is liable to be detained” entry of 1 day, and I had to leave the next day back to Spain, where it was the last place I flew in from, even though that is not my “home”.

There is now an entry stamp but with a black cross over it and the officer told me the next time I want to return, I need to have stronger proof of “ties” back home (yes that’s what the officer told me as I was leaving/crying/freaking out/stressed like anything after being detained for 9 hours in a windowless room like the criminal I was expected to be, at 5am to wonder the streets of London alone). However reading on the forum, every said to get a visa.

So now (1 year later), I have a full time job in Spain with all my work and resident visa and ID card with a long term rental agreement under my name, still no dog or mortgage yet etc. I want to visit my friends in the UK this summer for a few days, but the cost of the visa will put me out of pocket by 200euro (yes it is the cost+admin fees+extra for the Spanish govt) which is more than the flight itself from Spain to UK (<100euro). And I was told that it may not even be granted. If thats the case, then I will need to apply again..... Also that having the visa, I could still get denied at the gates.

I was wondering if anyone (maybe from the commonwealth countries) that was given temporary entry (not deported) has entered again (after a period of time) without going through the visa process? But had stronger proof – ie job, rental, kids etc – the second time around to show at customs?

As per the website. https://www.gov.uk/government/publications/visitor-visa-guide-to-supporting-documents

Thanks for listening.

  • 1
    full time job in Spain That should help a lot. And without even applying you have the presumption that you will be refused, why ? I could still get denied at the gates Are you a criminal or on the FBI/MI6 watchlist or intend to commit crime while in UK ? Just answer the border officers questions honestly and convince him(her). – DumbCoder Jul 6 '16 at 7:47
  • @kiwi007 Note that they didn't think that you were going to overstay. They just felt that the likelihood of you doing so was too high. Also, the price you quote for a visitor visa is far too high, suggests you are getting ripped off by a third party company. Apply directly through gov.uk – CMaster Jul 6 '16 at 9:53
  • I confirm that I am applying from Spain in EURO for a standard visitor visa - visa fee: 118.32 + user pay fee (Spain processing center charges this - why? Because they feel like it?): 74.80 = Total 193euro!! Not a criminal - but I was told could also be refused (there is still a possiblity) even if have a clearance visa. – kiwi007 Jul 7 '16 at 11:14
  • Yes, there is always a chance of refusal. However, it would be pretty unusual for a person with a visa and a fairly standard travel plan (including return tickets) to be refused. The likelihood of getting refused is greater without a visa (as that means you haven't been pre-checked) and with having a prior refusal (that means somebody saw some reason to refuse you before). If applying for a visa, read the guidance on www.gov.uk before applying. – CMaster Jul 7 '16 at 12:15
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You got an administrative removal from the UK about a year ago and want to visit again and the question is if entry clearance is required or not.

There is no requirement for a New Zealand national (or any other non-visa national) to get an entry clearance following a removal. Instead, it is framed as a 'best practices' recommendation. What that means is you don't have to get an entry clearance if you really don't want to, and that you accept the risk of another removal.

From comments...

but I was told could also be refused (there is still a possiblity) even if have a clearance visa

They will come out with stuff like that if you were combative or flipping out. And it's true that the holder of an entry clearance can still be refused at the border if they used fraud or deception or forged documents. That's the extent of it and it's written in the law just like that. Let's turn to Paragraph 25A...

The holder of such an entry clearance will not require leave to enter on arrival in the United Kingdom and, for the purposes of these Rules, will be treated as a person who has arrived in the United Kingdom with leave to enter the United Kingdom which is in force but which was given to him before his arrival.

Based upon this, person will not be refused on the basis of risk as you were. Otherwise there's no point in applying for a visa! The answer to this is a no-brainer, avoid fraud, deception, and forged documents. If you don't want to hear them prattle on, don't be combative and don't start flipping out. Ignore it.

Moving on, you pointed out that the down side is the cost.

The upside to getting an entry clearance is that it avoids the discomfort and distress of wasted airfares and another removal from port. People get them for that reason.

The decision is something each person has to sort out for themselves. Sometimes people are successful, but the variations of individual cases cannot be summarized into a meaningful central tendency. If you want one you can apply from Spain by filling out the online form and scheduling your biometrics. It takes about 5 or 6 days to process.

Finally...

what the officer told me as I was leaving/crying/freaking out/stressed like anything

Crying and freaking out is a bad thing. They would have recorded it as a hit against your behaviour during the process. It's on the computer next to your biometrics. Poor behaviour negatively influences the way they assess your level of risk going forward.


Side note: Historically (owing mainly to performance), New Zealanders and Aussies who have recently held the T5 Youth Mobility Scheme (which is the formal name of what you had) are assessed at higher than normal risk when they apply for leave to enter at a port of entry.

  • Isn't there an additional fee for the third-party processing center? – phoog Jul 6 '16 at 16:38
  • I confirm that I am applying from Spain in EURO for a standard visitor visa, no premium service - visa fee: 118.32 (converted from the ~90GBP) + user pay fee (Spain processing center charges this extra for doing what they do - why? Because they feel like it?): 74.80 = Total 193euro!! – kiwi007 Jul 7 '16 at 11:23
  • @kiwi007, OK, I have updated this answer and have simultaneously made initial representations at UKVI. Notwithstanding updates, the crux of the answer remains. Sorry. – Gayot Fow Jul 7 '16 at 12:00
  • Does anyone know, at what point/time period ones T5 visa has to elapse before it is considered ok to enter the UK again? Is it written somewhere how "recent" is defined? So I assume, noone in the history of entries has been denied, not gotten a clearance visa and still got in the 2nd time? :) – kiwi007 Jul 7 '16 at 22:07
  • To get a high quality answer for that you would need to open a NEW question and put a scan of your removal notice (redacted). That's because we do not know the legal basis for your removal and also exactly which type of notice was served. All very important and without it it's all conjecture. – Gayot Fow Jul 8 '16 at 5:49

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