Fiance visa application form and denied entry

I'm hoping someone can help me with the follow as I'm a bit confused.  I'm currently in the middle of filling out the fiance visa form via e-fastrack. There's a part that asks:

question 1: "Have you ever been refused entry to the UK or had permission to remain in the UK cancelled?"
question 2: "Have you ever been deported, removed or otherwise required to leave the UK?"

My situation: I arrived on Sept 15 to the UK to visit my boyfriend and was hoping to become engaged, as he had hinted as such. I was denied entry as a visitor (as they felt I should be on a fiance visa), but was granted a temporary 5 week stay, which was my actual visit stay to begin with. I was given removal directions, which was to return to the airport on my actual return ticket. This form says IS82A. I was also given another form, IS96 (Self Check-In). My passport was not stamped denied entry. It was only stamped with Sept 15 2005 and immigration officer number, nothing else.

On the fastack form I answered 'yes' to both question 1 & 2, as it's to my understanding that I was denied entry, and I was required to leave the UK as my return ticket stated. But after aswering yes to both of these I'm now at a question that says: What type of notice were you served? A: Deporation order or B: APP104 or C: IS151A. Which one is it or should I have answered differently to question 1 & 2?

Anyone know?

If they gave you an IS96, then you were not refused entry, right?  You just had to stay at the address they gave on the form and show up at the appointed hour to depart.

But I suspect that the fast-track form is flawed because the IS96 along with the IS82 you got needs to be reported.  But for the other categories they gave, Deportation, the APP form and the IS151 form, these don't work for the situation you've described. 

They don't let advisors in to the fast-track internals to actually have a look at all of the various paths through the form.  Were it in a different country without the fast-track system, it would be very straight-forward.  Sorry I couldn't be more helpful, but it strengthens my resolve to make a formal complaint about advisor access to that system.  It's not the first time somebody's wound up in paradox trying to use it.

Garry,

Thanks for the reply. Yes, the IS96 is the self check in form, and all I had to do was show up at time it stated on my actual return ticket. My passport isn't stamped with 'Denied entry', nor is it stamped with the usual '6 months leave to remain' either, just the date I arrived. However, my IS82A (Notice of Refusal of Leave to Enter) states with explanation as to why I'm being refused, and I quote "I therefore refuse you leave to enter the United Kingdom" - from the entry clearance officer. Visitor part is checked, and it says - removal directions "I have given directions for your removal....." then it just goes on and states what is exactly on my return ticket.  So I really  have no idea and very confused.

I phoned the 1900 number for the embassy visa information. I was just told that it's ambiguous, I can go either yes or no. It was suggested that I just supply a letter explaining that bit and include the forms. Especially with question 2, as I don't have either of those forms, and you can't go forward if you selected yes to question 2 and without checking one of the 3 options.

I'm worried by marking no to either questions it'll look as if I'm trying to sneak by and I'm lying. Although I have no option but to say no to question 2.

I'm thinking what I should do is say yes to question1, with explanation and stating I was allowed to enter for 5 weeks - as according to the IS82A, it definitely states I was refused. And then say no to question2. I will be going in person because of this. I'll be able to show both these forms. Any thoughts?

Is looks as though you were refused entry but given temporary admission.  You were certainly not deported. I think you answered correctly.  Just explain everything in the cover letter.  If they refused you entry before because they thought you should be on a fiance visa, and that is what you are now applying for, the refusal should not act against you at all.

Garry - isn't an IS96 a temporary admission order?


Victoria

Garry - isn't an IS96 a temporary admission order?

Yes, it needs to be reported.

Thanks for the replies VictoriaS and Garry!

VictoriaS, yes they refused me because they felt I should be on a fiance visa. My fiance phoned immigration before I arrived and they said, since we didn't have intentions of being married within 6 months, and weren't getting married on this trip, then for me to come as a visitor not fiance. We weren't engaged at that point, the trip was to get engaged. We are now applying for the fiance visa and moving up wedding date, because I was basically told, I would not be allowed back in as a visitor.