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Topic: Applying for a UK student visa after denied entry  (Read 927 times)

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Applying for a UK student visa after denied entry
« on: July 01, 2015, 09:46:04 PM »
This past year, I worked freelance for a small company with a home-base office in London but an office in the state where I live. Back in April, while travelling to the UK to pick up things for an event we had the following week, I was denied entry because someone told them I worked full time from the London office - not the case; the person did not understand my contract.

They never used the phrase "used deception to enter the country."

Basically - they said they believed that I had been working in the UK and would need entry clearance for future visits. They made it clear at border patrol that I was not banned from the country - I just needed entry clearance. On my work contract, it states that I work from home - they removed me because I had been in and out of the UK quite a few times and someone in the office gave them incorrect information about my situation. Would it not be possible to obtain a visa now that the circumstances preventing me from entering the UK are now a nonissue?

My contract has ended and I have been accepted to graduate school in the UK this autumn. Will this refusal of entry affect whether or not I will be able to obtain a student visa?


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Re: Applying for a UK student visa after denied entry
« Reply #1 on: July 01, 2015, 10:25:25 PM »
This past year, I worked freelance for a small company with a home-base office in London but an office in the state where I live. Back in April, while travelling to the UK to pick up things for an event we had the following week, I was denied entry because someone told them I worked full time from the London office - not the case; the person did not understand my contract.

They never used the phrase "used deception to enter the country."

Basically - they said they believed that I had been working in the UK and would need entry clearance for future visits. They made it clear at border patrol that I was not banned from the country - I just needed entry clearance. On my work contract, it states that I work from home - they removed me because I had been in and out of the UK quite a few times and someone in the office gave them incorrect information about my situation. Would it not be possible to obtain a visa now that the circumstances preventing me from entering the UK are now a nonissue?

My contract has ended and I have been accepted to graduate school in the UK this autumn. Will this refusal of entry affect whether or not I will be able to obtain a student visa?

Doing work while in the UK (even remotely) on a visa that does not allow work is illegal.

The refusal might delay your application but is unlikely to have a lasting impact on future applications...
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Applying for a UK student visa after denied entry
« Reply #2 on: July 01, 2015, 11:55:26 PM »
Doing work while in the UK (even remotely) on a visa that does not allow work is illegal.

The refusal might delay your application but is unlikely to have a lasting impact on future applications...

I was employed by a UK based company that also has a DC office and worked freelance from there.

The bored was incorrectly informed that I was there full time.

Do you think I will be able to attend school in September?


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Re: Applying for a UK student visa after denied entry
« Reply #3 on: July 02, 2015, 09:19:50 AM »
I was employed by a UK based company that also has a DC office and worked freelance from there.

The bored was incorrectly informed that I was there full time.

But did you carry out any work of any kind while you were in the UK on your visits?

If you did, that is considered illegal working in the UK, whether you were there full time or just visiting.

Doing ANY form of work at all while in the UK as a visitor is illegal -  whether it's paid or unpaid, whether you are employed in the UK or US, whether you do it in person or online.

There are some business activities that can be carried out as a visitor, but they are very specific (https://www.gov.uk/standard-visitor-visa/overview):
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If you visit the UK on business

You can apply for a Standard Visitor visa if you want to visit the UK for business-related activities, eg:

-    you’re coming to the UK for a conference, meeting or training
-    you want to take part in a specific sports-related event
-    you’re an artist, entertainer or musician and coming to the UK to perform
-    you’re an academic and are doing research or accompanying students on a study abroad programme
-    you’re a doctor or dentist and are coming to the UK to take a clinical attachment or observer post
-    you want to take the Professional and Linguistic Assessment Board (PLAB) test or sit the Objective Structured Clinical Examination (OSCE)
-    you want to get funding to start, take over, join or run a business in the UK

To carry out any other business activity, you need to hold a visa that allows work (i.e Tier 2 Sponsored work visa).

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Do you think I will be able to attend school in September?

Normally a simple refused entry to the UK shouldn't prevent you from getting a student visa, but it can mean the application will take longer to process as they have to look into the refused entry and the reasons for it.

What does your paperwork from the refusal say? If there is any mention of deception at all, the visa can be refused, but if not, you should hopefully be okay.

I would say that the best thing to so would be to apply for the Tier 4 student visa, include any paperwork from the refused entry and explain the situation in a cover letter.


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Re: Applying for a UK student visa after denied entry
« Reply #4 on: July 02, 2015, 10:13:40 AM »
One thing that would be affected would be a citizenship application.  If you hope to eventually settle in the UK, you wouldn't qualify for citizenship until 10 years after entering the UK, as working on a visitors visa is considered "bad character" based on the new citizenship rules.


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