Recently naturalized American visiting the UK, previously denied visa. Apply for entry clearance?

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I am a recently naturalized America citizen. I want to visit the the UK but leaning towards flying in to France, and attempt entry into the UK via Calais by road on my US passport, so that if I am refused entry I can just go back to Paris and continue my vacation in France instead of flying direct into the UK from USA and risk being sent back to the USA directly.

I don’t intend to apply for a visitor's visa ahead of time. My reason being UK visitor's visa applications are evaluated purely based on the documentation you mail in without having the opportunity to talk/explain to the officer, while my current plan of going physically to the UK would mean at the very least I will have the opportunity to petition for admission face to face.

Some background for my dilemma:

In November 2015, while a permanent resident in the USA, I applied for a simple 6-month visa to visit the UK for one week and indicated I had $3,500 of spending money. I was refused under V4.2E.

His explanation for my refusal is I presented a Bank of America account with a balance of over $20k, which shows huge deposits (of $25k+ each) and withdrawals not in line with my biweekly pay deposits of about $5k. Now of course because UK visas are purely by mail and without appeal, I was unable to explain to him those funds come from my own brokerage account. I chose not to submit a new application with additional financial documents to clarify the provenance of funds because of time, my vacation to Europe was about to start in a couple of weeks plus I have zero intention of providing her majesty with more in unnecessary visa fees.

I have been legally resident in the USA since 1998. I am married, have a well paying job as an engineer here in the USA, have traveled several times to the UK and never stayed more than ten days. Previously I had two different five-year multiple entry UK visas (the last of which expired in 2014), visited several other countries in Europe, own my own home and I'm financially secure. I have never overstayed a visa in any country and travel extensively.

So basically I want to travel with all my financial documents plus a copy of the previous refusal as if I were applying for a visa, and present my case if questioned at entry. I assume as an American I am allowed to travel visa free to the UK, despite my previous visa refusal.

Is this better than applying for entry clearance ahead of time, bearing in mind obtaining entry clearance ahead of time does not mean I will automatically be allowed entry into the U.K.

UPDATE 1 on March 15 2017

See my answer below to find out how it unfolded at Heathrow.

UPDATE 2 on July 8 2017

Follow-up visit after my detentiion in March.

UPDATE 3 on July 3 2018

Second visit after the initial detention.

UPDATE 4 on March 3 2019

Third visit after the initial detention and removal of stop flag from my profile.



Best Answer

You are a recently naturalised American (congratulations) and your immigration history includes a refusal from when you were (presumably) a visa-national. You did not include a scan of your refusal notice and it's not relevant at this point.

Your description of the refusal tells us that they got you on 'funds parking', this is a phrase coined exclusively here at Travel Stack Exchange to describe a situation where an applicant's source of funds has a dubious provenance. They refuse on those grounds all the time. You think that you were not given an opportunity to explain, but you were: it's called a fresh application; if you had included documentation showing the lawful provenance of your money, you would have had great chances for success.

You want to enter the UK through the juxtaposed controls in France. That's fine. There's nothing preventing it. You can also take the Eurostar if you want, or you can fly from France, or whatever. These strategies are fine, but they do not improve over simply flying from the US. If one inward route were easier than the others the Chief Inspector would spot it and it would be tightened up. If anything transiting the juxtaposed controls is more rigorous, we have two cases in our archives here where Americans failed that route.

Whichever way you pick, it's about the same, all in all.

Is this better than applying for entry clearance ahead of time, bearing in mind obtaining entry clearance ahead of time does not mean I will automatically be allowed entry into the U.K.

Entry clearances get revoked if the person used fraud or deception or if there's an Interpol alert for the person. They are never revoked on a whim or in a way that second guesses the judgement of a British Consulate General abroad. It simply does not happen. Instead, they are the most sure-fire, stress-free way of entering the UK; there are millions of entry clearance end-users every year.

User Michael Hampton (to whom thanks and a tip of the hat) has given you the recipe for never having to explain your refusal going forward...

It will be much easier and less stressful if you apply for the entry clearance beforehand, this time including all the appropriate documentation. Having it approved will also effectively deal with the previous refusal and virtually eliminate any chance of problems at the border.

Good advice. And the same cannot be said for having obtained leave-to-enter at a border crossing.


Notes:

I like the comment from "MadHatter" below...

"...but because if it all goes pear-shaped he'll still be in France and able to enjoy a holiday, rather than being detained at the airport and thence flown back to the US..."

If the possibility of a removal seems nascent, and if arriving from America, a solicitor's advice would likely be to carry confirmed onward travel arrangements to France (or anywhere else outside the Common Travel Area) and if it all goes pear-shaped to seek admission in another category, viz. a temporary admission or perhaps more appropriately, one of the transit categories. The trick is to have your stuff ready and know what to apply for if leave-to-enter fails. Presence of mind can be very helpful in these situations.




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What happens if you are denied entry to the UK?

If you are denied entry into the U.K., you will be held at the airport until you can be returned to the location from which you departed. You are not under arrest and no criminal charges will be filed, you are simply not eligible to enter the U.K. on this visit.

Is it possible to get UK visa after rejection?

Re-Applying for UK Visa After RejectionOnce an applicants visa application has been rejected, the applicant can choose to re-apply for a visa. A fresh application can be filed as soon as the first visa application was rejected, or on completion of the appeal process.

Can I be refused entry to UK?

An immigration official can deny you entry to the UK at the border, even if you have valid entry clearance. Nationals of certain countries do not require a visa before travelling to the UK and are referred to as non-visa nationals.

How do I get an entry clearance in the UK?

You can apply for entry clearance to UK by completing an online application form which is available on the UK Visa and Immigration (UKVI) website. After you complete the application form, you need to book an appointment to attend your local Visa Application Center.



UK VISA PROCESSING TIME UPDATE 2022 | How to get UK Visa Faster | UK Visa Delay




More answers regarding recently naturalized American visiting the UK, previously denied visa. Apply for entry clearance?

Answer 2

First of all:

I assume as an American I am allowed to travel visa free to the UK, despite my previous visa refusal

This is correct.

I am married, have a well paying job as an engineer here in the USA, have traveled several times to the UK and never stayed more than ten days [...] So basically I want to travel with all my financial documents plus copy of previous refusal as if I were applying for a visa, and present my case if questioned at entry.

The way I see it, you should be fine, though possibly with some delays.

The GOV.UK website does say that you should bring the same documents to the border that you would send to the visa application centre. Although this is an exaggeration in most cases, you will want to take their word for it.

That said, if you collect all available proof of your ties to the US in an A4 soft binder (not just financial ties, but also employment contract, marriage certificate and anything else) and bring them to the border to show if requested (don't present the pile of documents upfront), you should be let in.

That said, an entry clearance is and always will be the safer option, because, as others have pointed out, not only is it a pre-approval for entry (unlike US visas, which only let you apply for admission), it will also nullify the circumstances that led to your previous visa refusal.

So, in summary: yes, you should be fine to travel without a visa if bringing all above mentioned documentation, but to play it really safe, you may want to get a visa.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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