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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My partner and my children travelled today from the Phillipines

Customer Question

My partner and my children travelled today from the Phillipines business class by BA to Terminal 5. My children hold EU passports and my partner and her sister have 10 year UK multiple entry visitor visas to accompany my children back to the UK to attend private school in Edinburgh.
My partner's sister was refused entry, detained in a holding area with her possessions removed with no food and sent back to the Philippines on the same day.
My partner was left with a one year ld baby and three school children not knowing what to do and missing the connection to Edinburgh.
I repeatedly phoned the border agency and the case officer replied that she believd my partner's sister was a domestic help. We explained she was not in employment and was accompanying my partner return our children to school as we have done for the past four years.
I spoke to a senior officer from the UKBA and advised I believed my partner's sister was discriminated against because she was perceived to be a domestic and other people surely must accompany children back to school in the UK.
The UKBA put my partner's sister back n a plane to thePhilippines even with a proper visit visa and this has caused distress and the cost of a return business clas fare.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
These situations are extremely stressful and I sympathise.

Could you let me know if you have specific questions? It sounds like you have complained in the correct way.
Customer: replied 3 years ago.
Have the UKBA the authority to detain and deny entry to a valid visa to entry?
Is it valid that the UKBA can assume that a family member is employed as a domestic helper when there is no proof whatsoever and when denied by sponsor and visa holder?
Is there any other recourse to complan or is there an independent authority that complaints can be made?
PS: your web site led me to believe that there were 2 lawyers on line waiting to answer my queries and gave details of a lady barrister. Is your web site in breach of any consumer laws and fair trading descriptions?
Expert:  Howard replied 3 years ago.
The UKBA do have the right to refuse entry at the border and having a valid visa is not a guarantee of entry.

The UKBA might argue that they would expect the sponsor and visa holder to deny the accusation regardless of whether or not they are correct. Have previous visits by the visa holder been of significant duration and quite regular? This can be a reason for taking the view they have taken. If the visa holder is not employed in her home country then this can also lead to problems.

With regard to your question about this site, I am not quite sure what would make you ask such a question. Firstly, a barrister is not likely to have any greater knowledge about this than I would - it very much depends on the speciality and I have approaching 20 years experience of advising solely in matters of immigration law. If the website states a certain number of experts on line then that will be the case and I don't know why you would feel that this should be questioned? Only one expert will deal with a question and you should then rate the service provided - please note you are asked to rate the service and not whether or not the answer was what you were hoping to hear.

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