If you’ve been refused entry to the UK (Denied Entry to UK) or detained in UK Immigration, this guide will explain what to do if you are a foreign national seeking asylum.
To get more information and facilitate your visa processing or entry refusal, please contact us at 02033939272. You can also call us, email us, or fill out the online form here. Our immigration lawyers can help you over the Internet, by phone, or in person.
This is a step-by-step guide to detention at UK immigration and being denied entry into the United Kingdom. Here’s a quick summary for those who need information fast:
With our Detainee Bail package, we provide free advice, either face-to-face or over the phone, to anyone in any removal or detention centre across the UK. In such situations, it is always best to consult a professional, and getting a professional’s help will significantly improve the approach used to achieve your goal.
Non-visa nationals are individuals who do not require a visa when they visit the UK from the US, Australia, or other countries. They can live here for up to six months but may not work other than attending short business meetings.
Suppose you’ve been denied entry to the UK, including receiving a UK refused entry stamp. In that case, it’s crucial to understand the reasons for refused entry to the UK and seek legal advice promptly to address the situation.
For instance, if you are detained at immigration in the UK, several factors will be taken into consideration before immigration officials decide to let you in. Here is a list of the most often cited excuses for rejecting the entry to Great Britain application.
A number of requests to receive information provided for other claims are made regarding the non-provision of certain information that is deemed required in the process.
This has been highly appreciated by many citizens, making it easier for them to come to the UK. However, it still may start at the UK’s border with Immigration officers who may not share your intentions during your stay.
Let’s discuss the Reasons for refused entry to the UK in detail:
The two primary reasons you will be detained at the airport is that the immigration worker believes you intend to flee. This is because they think that when you get to your destination, you will not stick to the laid-down leave rule and will come back or move to another place when you are supposed to.
This is likely the main reason you get into trouble at the airport. If officials see no concrete evidence of your plans to leave, this will be a substantial absconding red flag.
It helps if you are a strategic thinker; if the next step isn’t clearly planned for most travellers, even the most perfect intention may result in mistakes.
The most important preparation you can do before you travel to the UK is to make sure you have proof of onward travel. If this is not possible, future plans arranged (in your home country, for instance) will suffice to show that you will not overstay.
It is recommended that you inform the officials when exactly you are likely to depart, but this may not be enough to convince the official. Therefore, try as much as possible to fix your plans before you travel.
Additionally, it is strongly advised that you do not forge documents when planning your next trip. If you are caught, there will be social consequences. This will be perceived as subterfuge, and you could be banned from travelling to and within the United Kingdom.
If you have ever been detained at the airport in immigration in the UK before, this may also mean that you will be detained again. Even if you were approved to enter the last time, this kind of record will be kept and may slow down your chances.
Suppose you were detained at some airport before. In that case, it can hardly be advised to argue with the official, but if you are held for questioning, you are better off answering the questions from the official as detailed and composed as possible.
Since citizens from non-visa countries sign into the UK for six months without the need for a visa, there has been some evidence of these nationals quitting and then coming back to the UK to give them a fresh six-month non-visa allowance.
Others may take a few visits to Europe and then leave for the UK, which can lead to one’s travel pattern being detected by immigration. In such a case, you should answer all the questions outlined in Section 2 correctly and with a levelheaded attitude. This should not be prohibited by law; however, immigration may require assurance that you are indeed coming back for reasons other than the short visits out of the UK.
If you have ever visited or arrived in the UK on a visa and never left the country when your agreed time was done, this will likely lock you at customs.
This Home Office does not consider periods of overstay of up to 28 days. Therefore, any overstay, especially after your assigned leave, and leave simply within this time should not be an issue.
However, each time a person stays beyond 28 days, it will be recorded in the Home Office, and the officials will be informed at the border.
The Immigration Rules do not allow any form of overstay whether you are a visitor to the UK or to live there permanently. Even if you were in the UK for the last time but had violated the visa, if you left within 90 days and paid for the flight on your own, you would be let in again. However, you will come under much greater scrutiny than before.
It is advised, especially if you are a visitor, to be prepared to show proof that you will be going back to your country.
In case you have been detained at UK customs, they require you to give them your biometric data. This includes the photos and the fingerprints. This information is usually required to acquire a UK visa, but it will not be required from visitors who do not have one upon entry into the country.
You need to be aware of the legal means of getting into the UK because the information collected here is fed to an extensive database, and if the going gets tough, you will find yourself for having a raw deal when it comes to other parts of the world.
Others will pay extra attention to your bags. If you are not a criminal or pervert, it shouldn’t take long and will not affect you in any way.
This is because immigration officers will ask you questions concerning matters such as
Again, when it comes to satisfying the officials, the correct answers to these questions must be given. Sometimes, the officials will not allow you to enter the UK at the airport if your answers are not to their satisfaction. If this happens, you are returned to where you were interrupted or transferred to an immigration removal centre.
If you are detained in the UK under immigration laws or allowed limited immigration status, you should seek legal advice as soon as possible. In fact, a lawyer will be able to honestly inform you of what evidence the Home Office will want in order to believe that you ought to be let in. There is one caveat, though; this will help you solve the problem and keep on traveling.
Our Rees Clayton Immigration Solicitors are able to offer legal services to those with immigration problems at all the prisons and reporting centers for immigrants within the UK. Within 24 hours of your first contact with us, you can expect us to get to you either physically or through a phone call.
It is favorable in the detention cells. You will be provided with water and food, and you will be offered a telephone number that you may phone your lawyer or your family.
If you have overstayed your visa, then you may be able to appeal the case, but then again, the chances aren’t very high, and in most cases, you are allowed to return to your home country and apply for a new visa.
If you decide to be removed after presenting your proof, your odds of getting back in again in the future will be significantly higher. Individuals who violate the standard procedures and have to be deported could be locked out for up to 10 years to return to the country.
Being a non-visa national doesn’t guarantee automatic entry. UK immigration officials assess various factors before granting permission to enter.
Read below to understand why entry might be refused and what steps you can take next.
Entry to the UK also requires permission, known as entry clearance, if you are not a British national. If you are a citizen of a specific country, you will not need a visa to enter the UK. Suppose you are an EU citizen or a citizen of an EEA country – Norway, Iceland, Liechtenstein, Switzerland, or a member of the Overseas Countries and Territories. In that case, you can enter the UK only with a passport required.
EU, EEA, and citizens from 56 other countries and territories that are exempted from visa requirements still have to get an entry certificate before traveling to the UK.
Since December 2013, Oman, Qatar, and the United Arab Emirates have allowed their citizens to apply for an Electronic Visa Waiver (EVW) remotely. This privilege extends to visiting or studying, but up to 6 months without needing a visa. A visa is necessary just in case the person intends to stay in the country for more than six months.
Besides, non-visa nationals are permitted to enter the territory of the UK without a visa if their visit is limited to tourism, and they plan to stay in the country for a limited amount of time. However, admission to the U.K. is determined by British authorities of the UK Visas and Immigration – UKVI with respect to British legislation. It has to be noted that some of the activities can be legal under British law but can still be classified as non-tourism. People planning to volunteer for religious purposes, work for a charity organization, work as interns- in the course of learning, intending students, and those enrolling in special courses among others, may require getting a visa before entering the U.K.
Admittedly, most non-visa nationals visiting the UK for tourism are not problematic. However, British authorities have the prerogative and duty to do so. Therefore, not all those who come to a U.K. port of entry are allowed to enter as tourists or for any other reason. When travelers are denied entry, their removal is normally carried out by authorities, taking them back to the airport they last left in the United Kingdom regardless of their nationality or their place of residence.
Nationals of the following 10 countries don’t need a visa unless they are staying in the UK longer than six months:
Border Force officers would be interested in anyone who may be a security threat or a security risk, or they may be a person who, through some other form of visa such as a visitor, whatever, is intending to stay in the UK illegally or perpetrate an act of unlawful stay in the UK. However, Depending on the answers to the questions asked, every individual can denied entry into the UK for one reason or another.
These situations may occur if the general educational level is low. Border officials take the view that a person is attempting to mislead or deceive them – such an individual may not only be refused entry to the United Kingdom, but his/her visa also may be cancelled; this would necessarily create severe difficulties in re-application for any further visa due to adverse immigration history. Where available evidence shows that a person provided false information, then he/she can also be detained and deported, as well as barred for 10 years from entering the country.
After possibly having travelled throughout the world or just getting a flight from other parts of the continent, it is human nature to get emotional if border control refuses your entry into the country. However, one should not be able to talk back to the Border Force officers. Maintaining this position will afford the best opportunities to approach the resolution of the matter constructively and, more specifically, to remove any uncertainty or to consider any other relevant matter. It will also help to negotiate some time to call a UK immigration solicitor to find out what can be done to sort out the current issue if anything at all.
It means that in all other cases, refused entry will result in the traveller’s repatriation on the next available flight. Still, there could be some compelling, compassionate circumstances that would justify the admission. However, if the person has no other choice but to go back to their home country, they should consult their lawyer on their return if they wish to make another attempt to come into the UK.
When a person is denied entry to UK, he/she should be given a written notice regarding the refusals, which may help the legal advisor determine the future consequences of applications. More significantly, if a person is rejected for entry into the UK, then he or she will need a visa after the refusal, regardless of the non-visa nationality.
If you’re denied entry to the UK, follow these recommended steps to address the situation effectively:
The agencies responsible for borders will generally issue you with a statement detailing why you have been denied entry. Please refer to this document to identify a specific rationale as to why this plan of action was made.
If you are travelling for business or under sponsorship, contact your sponsor or employer right away. They can help you by furnishing the necessary papers or explaining why you are coming to the United Kingdom.
You should seek the legal advice of a lawyer as soon as possible regarding your case and possibilities.
If the UK government turns on its head and orders one to leave, you ought to respect that order in order to avoid further complications. Occasionally, you can be detained in a detention place prior to your removal from the country being processed.
In case the refusal was gotten as a result of lacking or insufficient documents, compile enough proof that will neutralize the shortcomings that were noted on the refusal notice before applying again.
Sometimes, you have to apply for a visa again or fix some mistakes in the application form. Make sure that you handle the reasons for refusal when submitting a new proposal.
Hence, the rights of a person can be violated if he/she is refused entry into a given country because this will affect future visa applications. Speak to an immigration advisor to best avoid risks for any following applications or visiting the UK in the future.
Since we are the largest immigration advice firm in the UK, we are in a favorable position to assist you at any location throughout the UK.
The first intervention we will offer to assist you will be an advice session. It will enable your attorney to see how your case is and decide on what you should do next as a client. During this session, we will go over all scenarios and make sure you are satisfied with our proposals before proceeding.
For those who are likely to be detained for some time, your lawyer will then be in a position to complete your application for immigration bail. This will comprise the confirmed evidence during your advice session coupled with a formal letter of Representation. This will give particulars of your case and why you should be released on bail before the Home Office makes its decision.
In the event that the case continues, an advocate will be in a position to stand for you in a tribunal. They will be working on your case for the trial and will be communicating with you all the time.
Hence, the probability of being released on bail or obtaining entry clearance will be much higher if you are represented in court or if you received official advice. Suppose you have been detained for UK immigration or denied entry into the UK. In that case, an immigration adviser is the best bet in helping you to proceed with your journey with a view to entering the United Kingdom safely again.
The frustration of being restrained from entering the UK is an upsetting matter to those involved and their families. Knowing what should happen or what one can do to keep this from becoming stressful helps greatly.
If you are refused entry into the UK, you will be detained at the airport until you can be removed to the place of your departure. You are free to go, and no charge will be pressed against you. You are just not permitted to visit the U.K. at this time.
Refused entry means being denied an opportunity to enter the United Kingdom when one gets to a point of entry. That is why immigration authorities can refuse entry if the person does not meet the immigration requirements or submit enough compelling evidence to visit.
Others have the wrong visa type, lack of proper documents, inability to prove why you are visiting this country, lack of fare money, record of criminal conduct, or possible violation of immigration laws.
It is most often not possible to appeal orally, but you will usually be notified in writing – the grounds for refusing will be spelled out. You may be asked to leave the UK immediately or detained temporarily until people book flights for you to leave the country.
The right to appeal also depends on the type of visa and some other circumstances connected with the refusal. Some of the people may be required to appeal for an administrative review or correctly complete a new form.
But before travelling, make sure that you have all entry permits, and travel documents and prepare clear answers to why you are travelling, where you will be staying, and how you are going to be funding your trip even as you are packing, do not forget to pack your return ticket.
Refusal of entry impacts future visa applications or even wishing to visit the UK in the future, especially when refusal was a result of serious issues like fraud or overstaying. As noted, the purpose of refusal should always be discussed before reapplication.