7

If you are refused entry into the UK and given temporary admission, do you still get a refused entry stamp in your passport like this, or you only get paperwork without a physical stamp in your passport?

Is there a statutory maximum on how long you can get temporary admission for?

Finally when refused entry, is the onus on you to put in a request for temporary admission, or it's automatically considered at the discretion of the immigration officer?

  • 2
    The person should always ask to be admitted under a different category and explain why they qualify. – Gayot Fow Mar 13 '17 at 3:47
  • @GayotFow Is temporary admission considered a category? If it is, what will be the qualification, will not abscond, will not do anything contrary to the provisions of a regular entry clearance? – user 56513 Mar 14 '17 at 14:44
  • Yes, something like that – Gayot Fow Mar 14 '17 at 17:21
  • my question: where did you practice law? If it was in a Commonwealth country there may be some valuable links. – Gayot Fow Mar 16 '17 at 16:21
  • @GayotFow I never practiced. I studied law in the USA but have never practiced, unfortunately. The links would be very welcome – user 56513 Mar 16 '17 at 16:47
5

As per Enforcement Instructions and Guidance c56 s1:

Whilst a person who is served with a notice of illegal entry, notice of administrative removal, or is the subject of deportation action is liable to detention, such a person may, as an alternative to detention, be granted temporary admission or release on restrictions

What this means in human terms is that once a decision for refusal was made the officer can choose to detain the person, or grant them temporary admission. So to be given a temporary admission, you must fail to obtain immigration clearance in the first place, which means that you were refused and there will be a stamp in your passport to reflect this.

Whether it will be granted is entirely at Immigration Officer's discretion, you should always put the best possible case to be admitted in another category when faced with a refusal. The best working example is to be admitted as an air side transit passenger, but commonly people are too upset to think about viable alternatives.

More than any other factor, the outcome of an event with a British Immigration Officer is influenced by personal impact and articulation skills. It's also a great reason to remain civil, objective and try to control oneself when your interview goes wrong. There was one case of exactly that happening the UK Border Force Season 2 Episode 10 (as much as anecdotal sources count), where a person who kept his cool and continued to present his case managed to gain temporary admission.

The maximum allowable period for temporary admission is 6 months.

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    @SheikPaul leave to enter is not a temporary admission. Sometimes temporary admission may be granted while a decision about leave to enter is considered, but they are not the same thing. – Tymoteusz Paul Mar 12 '17 at 17:01
  • @SheikPaul I think I get where the confusion comes from. What seems to went on in that question is that he was granted entrance to the UK, but for limited amount of time. I can see why someone would call that a temporary admission, confusing it with the instrument of temporary admission. If I understand this correctly, someone will come and verify me soon enough knowing this site ;) – Tymoteusz Paul Mar 12 '17 at 17:06
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    I believe you may be correct and that he was granted leave to enter but for a limited time. If I remember correctly, temporary admission typically would not be given their passport until they return to the airport to depart to their home country. – user 56513 Mar 12 '17 at 17:10
  • It appears maximum time for temporary admission is one week If you haven't received entry clearance, you may be asked to return to your home country immediately or given a short period of temporary admission until a final decision is reached; this can be anything between 24 hours and a week. justlanded.com/english/United-Kingdom/Articles/Visas-Permits/… – user 56513 Jun 23 '17 at 12:16

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