How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

,Please confirm if it is still true that if someone

Resolved Question:

Hello,
Please confirm if it is still true that if someone is refused entry to the UK by an immigration officer at an airport, and the person has a family visitors visa they can still enter the UK and appeal the decision?
As detailed below in this article:
https://www.justlanded.com/english/United-Kingdom/Articles/Visas-Permits/Entry-refusal
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you please confirm the nationality of the person?
Kind regards
Customer: replied 2 years ago.

The person is Peruvian, and is married for 5 years to a British born citizen (myself) and currently has a family visitors visa. We have property in the UK. I'm interested as she is six months pregnant and we will be traveling to the UK, and we don't want to be forced to get a flight back the same day! The article states that with a family visitors visa she would be allowed to enter the country and appeal if asked to return, is this true?

Thank you

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes in exceptional circumstances they immigration may allow individuals to appeal at the port of entry, they can do one of the following:
1. Detain your wife until a decision on her appeal is made ( unlikely as she will be pregnant)
2. Allow her temporary admission to the UK asking her to return in a few weeks for a full interview the an immigration officer. The stamp in her passport will reflect the amount of time she has been given temporary admission for. If after further investigation she is allowed entry to the UK, she will be given a 6 months entry stamp at the investigation interview.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Customer: replied 2 years ago.

Thank you for your reply,

I want to try to clarify this further... According to the article if she is stopped it sounds like she would be allowed into the country and then she could make an appeal? Also it mentions nothing about her being detained, obviously this is a concern if she is pregnant. Can you please check as she has a family visas visa which I believe is treated differently?


"With entry clearance


If you’re refused entry and have entry clearance (i.e. a visa, entry certificate, letter of consent or work permit), you cannot, in most cases, immediately be sent back to your home country. Rather you are permitted to make an appeal (in the first instance to an independent adjudicator) and allowed to remain in the UK until it’s been heard."

Customer: replied 2 years ago.

Thank you for your reply,



I want to try to clarify this further... According to the article if she is stopped it sounds like she would be allowed into the country and then she could make an appeal? Also it mentions nothing about her being detained, obviously this is a concern if she is pregnant. Can you please check as she has a family visas visa which I believe is treated differently?



"With entry clearance


If you’re refused entry and have entry clearance (i.e. a visa, entry certificate, letter of consent or work permit), you cannot, in most cases, immediately be sent back to your home country. Rather you are permitted to make an appeal (in the first instance to an independent adjudicator) and allowed to remain in the UK until it’s been heard."


Customer: replied 2 years ago.

Hello, can you please reply to my question in more detail. Thank you

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If she had a general visit visa, then yes it unlikely that she would be allowed to appeal from inside the UK, most likely she would be sent back.
But because she is visiting the UK to visit her family members she should due to her condition be allowed to remain in the UK until her appeal is decided.
Each case is usually decided and treated on its own merits, if you wife is pregnant and she is coming to visit you then the home office are less likely to detain her and more likely to allow her entry pending any investigation.
I hope this clarifies the matter.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you

Related Law Questions