# Previous UK Denial of Entry - Now Applying for Tier 4 Visa?



## todoelmundo (Jun 25, 2012)

Hello all. I've been browsing this forum a bit and it seems like there's a wealth of knowledgeable and experienced folk around, so I thought I'd pose my situation here for some feedback.

I have recently been accepted to an MSc at the London School of Economics, and as a US citizen I'd need to apply for a Tier 4 student visa. I have had two run-ins with the UKBA and I'd like to get some feedback as to how they would impact my Tier 4 application -- namely, whether they'd invalidate it entirely. 

1) In April of 2008 I was detained at London Heathrow for 8 hours. The UKBA noticed I had overstayed my Schengen-zone visa, suspected I had been working illegally in Slovakia (where I had been living), and thus detained and questioned me. I repeatedly insisted that while I had done a TEFL certification course in Bratislava I had *not* worked there. Eventually they relented and granted me admission. I stayed in London 2 days before flying returning to Slovakia.

2) In June of 2008 I was denied entry after flying into Glasgow, Scotland. I did not have financial statements demonstrating sufficient funds, nor documents that might demonstrate I would be leaving the UK in due time. Furthermore, my Schengen visa was still expired, and they questioned me about the previous detaining. I again repeated that I had not worked illegally, and that I was only intending to visit Scotland (this much was true). This time they did not relent -- they denied my entry, and the immigration officer stated that any time I wanted to enter the UK afterward I would require a visa.

Now, let me say something about these two prior events: first, I accept all responsibility. I was young, dumb, and completely ignorant about border control, visas, immigration, etc. I thought one could just gambol across the globe without a care in the world. 

I had been living in Slovakia for about a year and a half, and utilizing the cross-the-border-every-90-days-to-renew-the-visa thing. I had also been working for a language school that had promised to help me get a visa, but they kept stringing me along and pushing back the date in which they would facilitate the process, ultimately refusing -- long after my tourist visa had expired -- and leaving me high and dry. Nevertheless, I acknowledge that I am ultimately the sole individual responsible for my legal status, and I should never have accepted work in this situation. Furthermore, I gave false statements to the immigration officers in London and Scotland, insisting that I had only lived in Slovakia and *not* worked. This, again, is solely my fault. I was worried I would be immediately deported. I thought the language school would eventually come through and I would be legalized, so if I could just hold out until then I would be okay. 

After the denial of entry I returned home to the US. Two years later I was accepted to an M.A program in Germany. I applied and received a German visa and completed the program. The following year I was accepted to an M.A in Austria. I again applied for the visa and received it, and am now finishing the program here.

Now I have been accepted to LSE and have to apply for the Tier 4 student visa. Given my history, is there any chance I will receive the visa? I intend to make a full and complete disclosure on the application. On my application to LSE I listed that I worked as an English instructor in Slovakia, and I assume the UKBA has access to that information, so that seems like a necessity anyway.

So, again: given all this, is there any way my application would be approved? 

Sorry for the novel! I appreciate any feedback.


----------



## 2farapart (Aug 18, 2011)

Past refusals and denial of entry don't necessarily mean no further chances, but it really will be the decision of the UKBA (we can't really advise). EU countries have granted you visas since the misdemeanors, but having a history of overstaying, working without permission and deliberately giving false statements won't help your case very much - because these are wilful acts against the rules (ie not very easy to claim they were all 'oversights').

I'm not the ECO, and there are people here who have been successful in obtaining visas despite past refusals and denial of entry, but you have rather a record of problems. Maybe they'll also consider the fact you're a student and that you've since been accepted into other EU countries without incident. I don't know (and I'm not sure anyone else here can really give you that cast-iron reassurance you're likely hoping for). All you can do is be honest (best policy - failing to disclose something will most likely add another mark against you), try to explain as best you can and hope.

Very best of luck to you, and if you do apply, keep us posted.


----------



## todoelmundo (Jun 25, 2012)

Of course. I understand that. I am actually really pessimistic and expecting the worse -- should that happen I will just have to accept it was the final consequence of my reckless actions from before. I can deal with that.

Regarding the full disclosure: I understand your sentiment, but I'm also wondering: am I correct in assuming that the UKBA has access to my LSE application, and therefore would obviously see my prior listed employment?


----------



## 2farapart (Aug 18, 2011)

todoelmundo said:


> Of course. I understand that. I am actually really pessimistic and expecting the worse -- should that happen I will just have to accept it was the final consequence of my reckless actions from before. I can deal with that.
> 
> Regarding the full disclosure: I understand your sentiment, but I'm also wondering: am I correct in assuming that the UKBA has access to my LSE application, and therefore would obviously see my prior listed employment?


I can't say how far the UKBA can investigate in all honesty. They sometimes make enquiries with colleges to check whether students are enrolled on the courses specified, but whether they do that in _every_ case or whether they seek any further information such as details of your application, I really don't know. I wouldn't have thought it hugely likely, but that's my guess only (I have no idea in reality).


----------



## Joppa (Sep 7, 2009)

todoelmundo said:


> Of course. I understand that. I am actually really pessimistic and expecting the worse -- should that happen I will just have to accept it was the final consequence of my reckless actions from before. I can deal with that.
> 
> Regarding the full disclosure: I understand your sentiment, but I'm also wondering: am I correct in assuming that the UKBA has access to my LSE application, and therefore would obviously see my prior listed employment?


As stated, nobody knows what may happen with your Tier 4 application. Each case is unique and receives specific attention and procedure. No, they won't have automatic access to whatever you've disclosed to LSE but they can request it. They will have full details of your previous contacts with UKBA, your detention for questioning and denied entry, including an account of what you said to immigration officers. So when you disclose under travel history, attach a covering letter giving details and how you accept responsibility and wish to move on. UKBA has tightened student visa rules recently and you must ensure you meet all the conditions, including confirmation of acceptance from LSE and financial requirement. Double-check everything. And hope for the best.


----------



## todoelmundo (Jun 25, 2012)

Joppa said:


> As stated, nobody knows what may happen with your Tier 4 application. Each case is unique and receives specific attention and procedure. No, they won't have automatic access to whatever you've disclosed to LSE but they can request it. They will have full details of your previous contacts with UKBA, your detention for questioning and denied entry, including an account of what you said to immigration officers. So when you disclose under travel history, attach a covering letter giving details and how you accept responsibility and wish to move on. UKBA has tightened student visa rules recently and you must ensure you meet all the conditions, including confirmation of acceptance from LSE and financial requirement. Double-check everything. And hope for the best.


Thanks for the input. One last question for anyone reading. I saw this on the UKBA page:

Premium service (Tier 4 students and dependants only)
This service is avilable at the UK Border Agencty in New York, and is only available to applicants based in the USA.

Tier 4 student applicants and their dependants who book a 'premium service appointment' can deliver their visa application and supporting documents in person to the visa officer. Under normal circumstances they can collect the decision on their visa application and documents on the same day, but they will be advised of this when they attend their apointment.

A premium service fee must be paid for each applicant, including dependants. Only 1 appointment is required to submit your Tier 4 application and your dependants' visa application(s). The Tier 4 applicant or authorized courier should attend the appointment, but the dependants do not need to attend as well.

-----

I'm a US citizen, so I should be eligible for this. I could fly to New York and use this service -- do you think that would increase or decrease my chance of being approved?


----------



## Joppa (Sep 7, 2009)

They do say that those with adverse immigration history should not apply for priority, and it will inevitably take longer to process your application, as further checks have to be made.


----------

