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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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A colleague of mine, applied for a UK tourist visa in 2011

Resolved Question:

A colleague of mine, applied for a UK tourist visa in 2011 using a Lebanese passport and was refused. Since then, he is now a naturalised canadian citizen and as such would like to travel on his Candian passport (which does not require a UK Visa) to the UK on holiday. Can you please confirm that this would be possible??
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

As Canadian Citizen and passport holder he is a non-visa national in the same way that other Canadian citizens. This means that he has the same rights of entry as other Canadian citizens, which are that provided the entry officials are satisfied when they land in the UK that a breach of the immigration rules will not occur if they let them enter then they will grant them leave to remain at the airport.

Generally, this means that Canadians do not have to apply for a visa before they travel. However, there is an important caveat in that the entry officials are entitled to refuse entry to a Canadian (or any non-visa national) where they suspect that a breach of the immigration rules would occur if they gave them entry.

If your colleague was asked upon entry whether he had been refused entry to the UK before, he would have to be honest and say “yes” giving the details of the refusal.

The fact that a person has been refused a visa before does not in and of itself mean that they should be refused a visa in the future but if the reasons for the prior refusal contained elements that might still be relevant (eg. deception) then the UKBA can refuse entry.

If the earlier refusal contained any element which the UKBA considered involved an element of deception or misrepresentation then I would certainly say that he should apply for a visa before he travels and not attempt to enter the UK in the normal way that Canadian citizens do.

If the earlier refusal was for sometime uncontroversial that does not speak to an element of his character then he can still attempt to enter in the normal way, but I would caution that he should carry with him full evidence of his ability to meet the costs of his stay in documentary form (eg. bank statements, evidence of paid accomdation etc, return flight tickets) and also any documentation which shows the uncontroversial reasons for the original refusal.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
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Experience: UK Lawyer holding practising certficate for England & Wales.
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