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I was granted a 2 year UK visa but was denied entry when I got to London Airport because there was a Ghana stamp on my old passport that is fake. The 2 years UK visa is on my new passport. I was detained and returned to Nigeria the following day and given a chance to appeal. My removal form is in fact IS82C.

Please what is the implication of this? And what can I do to rectify things? I am hoping to apply for USA visa, can this affect me?

Gayot Fow
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Sam Ola
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  • 2 years UK visa is on my new passport Why did you have to furnish your old passport ? And why were you carrying it around ? I know some border officers are little nosy(there is no legal requirement for them to check unless renewing/extending your visa), and will ask for your old passport even if it has no relevance to your current status. – DumbCoder Nov 19 '14 at 09:02
  • Can you post the complete text of the refusal decision? – Tor-Einar Jarnbjo Nov 19 '14 at 23:19

1 Answers1

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Your entry clearance was cancelled and you were issued with air-side removal papers. That was for deception. What happened during your landing interview is not clear from the information you provided, but presumably some especially aggravating (and no doubt serious) factor made them decide to issue a mandatory ban right then and there.

Short of a successful appeal lodged from Nigeria, there is no way to 'rectify things'. There are success stories, you can read case histories on the Tribunal site (http://www.judiciary.gov.uk/tribunal-decisions/immigration-asylum-chamber/); but you'll quickly see that they were invariably handled by a heavy hitter in the UK Law Society (https://www.lawsociety.org.uk/).

Otherwise, and from the UK point of view, nothing will happen unless you apply for another UK visa during the ban period. At that time the ECO will have the obligation to refuse the application. There is no discretionary latitude because refusal is mandatory under Paragraph 320 (11) (iv) with aggravating circumstances.

Once the ban period is ended, you can apply again. The ECO can approve the application or refuse it on the grounds that your credibility has been exhausted. The ECO has an alternate recourse of issuing a further ban under the same paragraph. For this part, your behaviour during the original event will also come in to play.

In all events your biometrics will have been marked for long-term retention, and you won't be back in the UK for quite some time, if ever. They share biometrics with the US along with your transcript. I am not competent in US immigration, but suspect your chances of a successful application would be enhanced by having competent legal representation.

Finally, don't waste time on the internet. There's not that many people knowledgeable about Paragraph 320 and NONE of the heavy hitters surf around answering questions. :)

Gayot Fow
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    I think this is a rather extreme interpretation. The OP doesn't say anywhere that the Ghana stamp was used in the application or in support of the application. Just that it existed. – Kate Gregory Nov 19 '14 at 15:27
  • The thing is this, in my application, Ghana was listed as one of the countries I've visited since the stamp is on my passport. That is where 'deception' comes in. What do you think my chances are if I try to apply again for UK visa? What also if I apply for USA or Canada visa? Will the cancelled visa stamp on my passport affect those fresh applications? – Sam Ola Nov 19 '14 at 16:44
  • No, my removal form has IS82C – Sam Ola Nov 19 '14 at 17:09
  • @GayotFow Please what is the implication of this removal form IS82C? I was given a right to appeal, however, it was also stated that any application I make to the UKBA within the next 1 year of removal date will be automatically refused. If I wait out this one year, what are my chances when I apply after 1 year. – Sam Ola Nov 19 '14 at 17:36
  • @GayotFow So that's a 1 year ban right? I totally complied with the immigration officer and did not give them any problems at all. I was returned to my country with my return ticket so they didnt have to pay for me. And the officer told me I have the right to appeal as it was also stated in the removal form as well. Please any more implications of this, I will like to know. And also what I can possibly do to rectify things. – Sam Ola Nov 19 '14 at 18:12
  • What is so aggravating with form IS 82C? I can't find any formal description of the exact usage of the different refusal forms, but in this recent case, a student was refused leave to enter on form IS 82C because the attended college had lost its sponsoring licence in the meantime. Hardly a circumstance, for which the immigration officers had a reason to be REALLY ANGRY with the student: https://tribunalsdecisions.service.gov.uk/utiac/ia-07383-2013 – Tor-Einar Jarnbjo Nov 19 '14 at 19:19
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    I would suggest (to a mod) that these comments all be removed, as this answer has been substantively modified (i.e. is now almost completely different) and new comments may be warranted. – CGCampbell Nov 19 '14 at 19:51
  • @CGCampbell, it's a good idea, but try to bear in mind that a lot of relevant material was 'discovered' in the comment trail which SHOULD have been placed in the question itself. – Gayot Fow Nov 19 '14 at 20:06
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    @Tor-EinarJarnbjo, it can be helpful to read the ENTIRE decision and not just the paragraph you're interested in. Otherwise you'd know that the officer's action in serving an IS82 on the student was found UNJUSTIFIED and the case was thrown out. The student won! Please read the whole decision. – Gayot Fow Nov 19 '14 at 20:58
  • @GayotFow: It would have been more helpful if you answered my question about what is so aggravating about an IS 82C refusal. The other cases I find with the usage of this form are not obviously more severe than the case I'm linking to. – Tor-Einar Jarnbjo Nov 19 '14 at 22:14
  • In the case, the refusal itself was found unjustified. It is not a topic on which form it was served. – Tor-Einar Jarnbjo Nov 19 '14 at 22:25
  • @Tor-EinarJarnbjo, What are you after? What prevents you from adding your own answer? Or asking a question like 'what's the difference between IS151A and IS151B and IS82C'? Or reading the Enforcement Manual? Do you have an axe to grind? – Gayot Fow Nov 19 '14 at 22:45
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    @GayotFow: I was just asking you to clarify your claims in the now deleted comments. If you know what you are talking about, why can't you just explain what's so aggravating with form IS 82C that you felt it right to accuse the OP the way you did? Referring to the 1200 pages long Enforcement Manual is not very helpful. – Tor-Einar Jarnbjo Nov 19 '14 at 23:18
  • @Tor-EinarJarnbjo, sorry if you felt the language was accusatory, apparently the OP did not. And I'm sorry the Enforcement Manual is too long for you, but OTOH that be a signal that an answer would just leave you with more questions. If you really want to engage or challenge, please at least start from an informed viewpoint, i.e., having seen the form, knowing what it's used for, and so on. Otherwise down vote the answer and provide a better one. – Gayot Fow Nov 20 '14 at 00:32
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    And because I wanted to know what the form is used for (there are several examples found online, none of them especially aggravating, but no formal definition I could find) I asked you, since you make the impression to know it. Since you are repeatedly avoiding to answer my question, I am not sure anymore if that impression is correct. – Tor-Einar Jarnbjo Nov 20 '14 at 00:40
  • Let us continue this discussion in chat. – Gayot Fow Nov 20 '14 at 01:00
  • @Tor-EinarJarnbjo, chat's been open for an hour. Done here. – Gayot Fow Nov 20 '14 at 02:16
  • As @GayotFow already mentioned, please keep this discussion to the chat. – RoflcoptrException Nov 20 '14 at 02:32
  • @GayotFow Hi guys, I really appreciate your efforts as it all aim at understanding more about this for IS82C and the possible implication. Whatever the conclusion of the chat, please dont hesitate to put me in the loop. Thanks to you both. – Sam Ola Nov 20 '14 at 07:46
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    Sorry, but I am usually not open for a chat in any arbritary 1-hour-window in the middle of the night. And I don't see why it should be necessary to discuss anything in the chat. An explanation why the usage of an IS 82C form indicates aggravating circumstances should easily fit in a single answer. The back and forth we are doing here in the comments is completely unnecessary. – Tor-Einar Jarnbjo Nov 20 '14 at 10:59
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    @SamOla: Can you, as I asked you in a comment to your question, post the entire text of the refusal? I don't necessarily agree with Gayot's interpretation of your situation, but you do not nearly provide the amount of detail necessary to give you better advice. – Tor-Einar Jarnbjo Nov 20 '14 at 11:04