# Refused UK re-entry after Tier 5 expiry



## goodvibes (Mar 29, 2015)

Hi guys, I'm new here and at a slight loss as I've been denied re-entry into the UK as a tourist after my Tier 5 had expired. There seems to be alot of similar topics already posted on this, but I'd like to know if there's any recourse or formal appeal options - any help and guidance based on personal experience and/or knowledge is much appreciated.

As an Australian national, I left London for a few days on the day of my visa expiry, hoping to regain entry on the general 90-day tourist visa. I had called up UKVI prior to leaving on seperate occassions and was informed if I had proof of eventual departure from the UK to Australia, things would be fine.

I had proof of return to Aus, termination of employment, tenancy agreement, sufficient funds, travel plans for my intended 2-month stay in the UK as a tourist and also travel plans for after I leave London. Although I was detained and interviewed over a 3-hour period, I was under a strong impression that a decision to refuse me entry had already been made by the officer from the get-go - she was just going through the process and filling out the necessary paperwork.

As it is not explicitly stipulated anywhere that Tier 5 visa holders can't leave upon visa expiry and re-enter as a general tourist, technically, as Australian nationals this is a legitimate course for extending stay in the UK. I believe her grounds for refusal of entry is not solid enough, flawed and there was no objectivity in her assessment. For example, it states in her official statement that I still had an ongoing tenancy agreement when this is false and it was recorded in the interview transcript that I had formally given notice to vacate. It also mentions I have "unfinished affairs in the UK. In light of the above I am not satisfied that you are genuinely seeking entry as a visitor for the limited period as stated by you".

The "unfinished affairs" referred to is actually just packing up, shipping things off, help in finding a replacement tenant and finalising other bits and pieces when one leaves a country for good - all of which points to a real intention to leave! She has omitted in her consideration key factors that supports my intention to leave, but rather chooses to believe I have intentions of staying/working illegally in the UK. This is very offensive and a blanket (unfair) assumption lacking any supportive evidence on her part.

I'd like to ask if there's a formal channel of appeal or re-assessment for situations like this and how do I go about doing this? Any insight anyone can shed is very much appreciated. 

I also read here that I could've 'overstayed' my visa for a month and leave the UK without any strikes on my record - is there any accuracy to this? :confused2:

Phew, sorry for the lengthy post!


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## Crawford (Jan 23, 2011)

As you say you left the UK for a few days on the expiration of your visa HOPING to get back in under the tourist option. (the tourist option is up to 180 days by the way).

The official did not believe that you would be a genuine tourist.

You had been living in the UK for two years and re-entering as a tourist a few days after your expiration is a little strange. Also you appear to have been continuing your travels after your extended stay in the UK - so no real pull to return to Australia.

It is what it is.


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## bhong (Mar 28, 2015)

@goodvibes: I was in the UK on Tier 5 as well, and did the same thing you did (except I'm Canadian). They were borderline ready to refuse me entry back into the UK, though the officer said I could stay under certain conditions: that I actually do board the departure flight to take me back home to Canada, which was 2 weeks later. 

Its scary that you were refused though!  Unfortunately, I think the guards have a right to refuse you entry based on what their gut instinct is, even if you have all the proof in the world, even if they don't happen to like you for whatever reason. The guard I had was a har[email protected]$$ - just tried to be intimidating, repeatedly kept asking me the same questions, and why I'm not answering him, when I was giving him clear answers. "But I am answering your questions.. The question was _____, my answer is ____" (and it wasn't a BS answer, nor was I trying to come off like a smartass). But he kept running me in circles, and at the end, accused me of not answering questions, so I "seemed dodgy" :/ I gave up trying to say anything in the end, because I really felt he was twisting my words and the situation cuz he was on a power trip. 

@Crawford - I guess it might seem strange, but for anyone who has been living in the UK for a few years and having to leave by a certain time, it seems pretty common to leave on the last day of the visa, to re-enter as a tourist to finish off travels. that was my explanation to the officer - that I was working for the 2 years, and while I did travel on weekends and in between jobs, it made sense to work as much as I can while on tier 5 visa, then come back as a visitor to have one last hurrah. To finish off travelling to a few more places, saying goodbye to my friends, shipping my belongings back home, hitting up my favorite places - just using that extra time for personal time, without any constraints (well, my plan was 2 months, I wasn't planning to use up 6 months). Having been in that situation (and I know plenty other expats who have done this with no issues), it made sense to me, whereas I guess its not a legitimate enough reason for the officer.


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