How to return to the UK as a non-visa national after previously experiencing problems at the border? [closed]
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I used to hold a Tier 4 student visa and had it terminated recently. Before my visa was terminated due to being withdrawn from my studies, I attempted to appeal the decision and was advised to return home as the appeal would have taken months. It did, and it failed. I had to return to pack and ship all my belongings. Flying back, I was detained for 11 hours, and after the interview only given temporary entry as a person liable to be detained. They took my passport, and cut my BRP which I had planned on keeping for sentimental reasons.
The major problem seemed to be the fact that I decided to stay for 43 days on my latest visit. I am a non-visa national so I assumed I would be allowed temporary entry for up to 3 months. But the IO told me I only have 14 days to pack everything and leave.
Two weeks was not really enough time. I had planned on applying for a visitor's visa and re-entering at a later date. However, recent events have required that I return as soon as possible and I won't have time to apply for an entry clearance.
How can I prove to the IO that I am a genuine visitor and receive a leave to enter the UK?
Best Answer
An answer to this question has been posted by Gayot Fow, a former immigration lawyer, on his blog:
Essentially the OP was a student who (apparently) dropped out and got a curtailment. They went home to appeal and returned to the UK again to collect their belongings. They were detained at port and given a 14 day temporary admission.
The OP is a non-visa national so can arrive in the UK without a visa, but worries about the possibility of being detained again and possibly removed. The final sentence of the post is a question: “But would the risk of being refused entry again be too high?”
There’s too many unexplained pieces in the narrative to make an educated guess, and the question is framed as an opinion poll in the first instance. If 10 random people say the risk is too high and 5 random people say the risk is not too high, what does it mean? Nada.
So why waste time on this question at all? Because there’s a fixed, immutable piece of standard advice for anyone who has been detained or given a temporary admission. And that piece of advice is: “get an entry clearance“. You can never be wrong on that aspect of the UK Border Force. Even if the person shows up without an entry clearance and manages to get in, they are still better off having obtained a visa beforehand.
The other advantage to having an entry clearance is in future landing interviews. Immigration Officers will always dwell on a temporary admission when they see it. It means things will always be awkward, even after a few years. But what the person can say is “Yes, that event happened, and so I went home and successfully applied for an entry clearance thus demonstrating a viable change in circumstances” (or words to that effect). Off the hook. Enjoy your visit. Done and dusted.
So the question is not really an opinion poll at all. It’s deterministic with a single answer: “Pay the £89 and get an entry clearance before chancing wasted airfares and the distress of removal from port“.
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