After a removal and entry refusal, will a UK visa application be considered on merit or automatically refused?

Question

I entered the UK on a student visa in 2000. I overstayed and was removed in 2003. On an attempt to re-enter in 2003, I was not given entry clearance.

In 2012, I was a student in Dublin and applied for a visitors visa from there, which was denied because I did not disclose the other applications and refusals.

I am now back home and working for an international NGO whose head office is in London. As one of the managers in my home-country office, they want me to go to the head office for a visit. I would return afterwards to continue with my work.

If I apply for a visa, is it likely to be considered on merit or automatically refused?

Answer 1

There will be important details in the notice of refusal you got in 2012. You might consider scanning it and attaching it to your question -- we have members who are skilled in picking out the relevant legal phrasings of those letters.

The visa application explicitly asks you about earlier refusals, so in order not to disclose it, you would need to have outright lied on your application in 2012.

What generally seems to happen in that case is that your 2012 visa application would have been refused under paragraph 320(7A) of the Immigration Rules. This almost comes with an automatic 10-year entry ban under paragraph 320(7B)(d) -- except that the entry ban is not formally triggered until you apply again and the ECO for your new application reviews your 2012 case to figure out whether you "used deception" back then.

Basically you get one chance to convince an ECO that your failure to disclose in 2012 was an excusable mistake -- and if not, you get a formal ban (counting from 2012, but potentially counting from your new application too if they find it to be deceptive in itself).

Usually it is not recommended to try doing that for yourself without qualified legal representation. Perhaps your employer can help procure some legal assistance for you if they want you to come to London badly enough.

Answer 2

If I apply for a visa, is it likely to be considered on merit or automatically refused?

ECOs are obliged to consider each application on its merits, at least until a formal ban.

The next application you make will not be automatically refused but given your track record it would have very little chance of success indeed. If there is reason to suppose you were again deceitful then you can expect a ban and automatic refusal of any further applications until the ban is over.

Answer 3

First the blunt truth:

"was removed in 2003. On an attempt to re-enter in 2003, I was not given entry clearance." Of course they did not give you entry clearance.

"was denied because I did not disclose the other applications and refusals." Of course they denied.

Second, you'll probably will be denied, automatically or not. What's the difference? You'll need to ask a lawyer for reviewing carefully all the documentation in your case. If you got banned for X years, then, this is an automatic denial.

Answer 4

The facts: You were removed in 2003. You probably got a ten year entry ban. You applied in 2003, which obviously would be rejected. So you were banned until 2013.

You applied in 2012. This would obviously also be rejected. The question is whether you told them about the 2003 rejection. If you did, you would be fine today - ban ended in 2013. If you didn't, you may have incurred another 10 year ban until 2022.

So first check your rejection papers and check what they said, and then get a lawyer who knows what they are doing. And chances for success will be quite low.