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Are non-visa nationals granted entry clearance when arriving at a UK port without applying for a visa beforehand? I am asking with regards to the "clean slate" policy that the UK has for not considering previous refusals if you have subsequently been granted entry clearance.

AJoshi
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    i'm not an expert which is why this is a comment and not an answer, but my understanding is that what you are granted at a port is "leave to enter" but not an "entry clearance". – Peter Green May 07 '20 at 01:00
  • You may want to clarify your question. Do you mean visa-exempt nationals? What's your nationality? Were you denied entry before? If so, how long ago? – Ozzy May 07 '20 at 14:09
  • If you are a non-visa national as you say, and were refused entry to UK in the past, you are best submitting an application for entry clearance as this is the best way to start over. Refer to my answer below for a more in-depth explanation. – MasterPlanTakeo May 07 '20 at 15:18

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Technically, arriving at a port of entry without any visa is called seeking 'leave to enter' instead of 'entry clearance'. Entry clearance refers to a visa in your passport.

Those who do not require a visa for entry to the UK (non-visa nationals) may only do so if they are seeking to enter the UK for visiting purposes. For example, a US. citizen may arrive at a UK port of entry without any prior entry clearance so long as the main purpose for their trip is visiting. If they are seeking to work or study then they will be refused and told to apply for entry clearance beforehand.

Those entering from an EU country (also non-visa nationals) may arrive at a UK port of entry and will likely not be questioned about their purpose of visit, although they still may be. They are free to take up work or study while the UK is still subject to EU free movement.

In regards to the clean slate policy, if a citizen of a non-visa national country is refused leave to enter at a UK port, they are still free to attempt to enter the UK as a visitor in the future without ever applying for entry clearance however this approach is risky and is likely to offer the same outcome, therefore it is advised to apply for entry clearance. This way you will save yourself a trip if the application is refused. This is essentially the surest way to 'clean' your immigration history after any prior issues or refusals. Any subsequent applications for entry clearance will be assessed on their own merits however it is likely it will be refused if your circumstances have not changed since your initial refusal.

So in essence, a US citizen could travel to a UK port of entry as a visitor and for whatever reasons the Immigration Officer (IO) refuses entry and sends them back on a plane.

The US citizen can either attempt to travel to the UK again and seek leave to enter however this is risky and like stated earlier, will more often than not give the same outcome. US. citizen is best applying for entry clearance as a visitor and then using this to travel to the UK where, at the border, they will not be questioned and grilled as much and will be admitted.

That US. citizen can then travel to the UK on any subsequent trips without applying for entry clearance, although it will still be logged in the system about prior refusals. And of course, while it is acknowledged they were granted entry clearance, each attempt at entry will be assessed on how the traveller presents themselves to immigration on that day and the circumstances surrounding their purpose of travel on that particular occasion. But yes, applying for entry clearance after any troubles at the border or refusals is the best way to overcome any presumptions about immigrant intent and is essentially the strongest way to wipe the slate clean.

MasterPlanTakeo
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  • So specific to my situation, I have had issues with my UK visa in the past but have since entered the UK as a visitor, but without applying for entry clearance, just by flying to the UK and being let in by an IO. So now on subsequent visits, would I benefit from the "clean state" or will I be at risk of being sent back every time I fly direct without having applied for an entry clearance beforehand? – AJoshi May 07 '20 at 22:00
  • It's difficult to say, to be honest. To be honest, you have done quite well to be admitted into the UK after a UK visa refusal just by showing up at the border, but clearly the IO believed you were admissible on that occasion. Since you have already been granted entry to the UK, it's likely this will continue but you MAY still be subject to questioning and being detained. You will always run that risk. You run that risk even after being granted a visa, although it is low unless your circumstances have changed. – MasterPlanTakeo May 08 '20 at 00:04
  • My advice would be to keep your circumstance as similar as possible to what they were when you were admitted to the UK - multiple, strong reasons to return to the country you came from. These are the most compelling reasons that will be the difference between a refusal of entry and a grant. I wouldn't be too concerned considering you have since been granted entry to the UK after your refusal, however each visit will be judged on your circumstances at that time, which is why I have advised to try to keep these circumstances as close to what they were when you were first admitted to the UK. – MasterPlanTakeo May 08 '20 at 00:06