Tier 1 visa cancelled.

[maheshpalla]

I would like to request your opinion on the recent "Notice of Refusal of Leave to Enter", I received from UK Immigration Officer when travelling from Brussels to London of 24-December-2011.

The facts:

- I hold a Tier-I General Migrant Visa from 15-Jun-2010 to 15-Jun-2013 but hadn't used it for entry into the UK so far.
- I currently reside in Brussels, Belgium on a Work Permit but intend to move to UK sometime soon (before my Tier-1 visa runs out)
- I had a return ticket from Brussels to London (Out: 24-Dec-2011, In: 1-Jan-2011)
- Reasons for travel was to visit were (in no particular order of importance):
* Visit close family members in the United Kingdom for Christmas
* Look for a suitable accommodation for when I finally decide to move to UK as a resident
* Speak to some recruitment agencies regarding opportunities in the UK
* Get a general feel by visiting the country where I intended to be resident for the duration of my Tier-1 Visa.

However the immigration officer marked my Tier-1 General Migrant Visa as "Cancelled" on my passport citing that my circumstances had changed i.e. I was attempting family visit on a Tier-1 General Visa.

I can understand refusing entry to someone on a UK visitor visa who wishes to work while visiting but I fail to understand how a resident visa holder can be refused to visit especially if the visit is with a view to utilise the already entitled resident status in the near term.

I would like to know what options are available for appealing against this decision by the UK immigration officer in Brussels and re-instate my leave to enter/remain in the UK on Tier-1 General Visa.

Also let me know what is the form I need to fill in to submit my appeal.

[MB243]

This is a shocker mate. Your first call should be to a immigration lawyer to file a JR

Goodluck

[vinny]

JR

There is a right of appeal.

[Greenie]

What evidence did you have of your plans to meet with recruitment agencies and look for accommodation?

[mulderpf]

Read 321A(1).

Without expanding too much, your argument about a Tier 1 visa holder being able to visit is the same as saying someone with a visitors visa, because they are allowed to be here, might as well allow them to work as well. There is separate visa categories for visitors, students and people wanting to live & work here. If a visitor and some categories of students cannot work here, why should the reverse be allowed.

You will have a super-hard time convincing anyone that you intended on seeing any recruitment agencies between 24 December and 1 January. (And look for accommodation in this time too!).

I'm not saying this will be impossible, but please make sure your story is credible. Saying you had recruitment agencies to speak to in this time is simply not credible - unless you genuinely had some appointments booked?!?!?!

[Greenie]

What paragraph did they actually refer? 320(5) may have been used instead of 321A(1). That said, I agree with mulderpf. It is not correct that you can simply use a Tier 1 general visa to come to the UK on a family visit. You will need to provide evidence of your intention to meet with employment agencies and look for accomodation during your trip, only 3 of which were working days.

[rizwan567]

Reason you were refused entry was that you were using T1G visa as a visit visa. As you say that this visit trip was part of your migration but you fail to convince immigration officer on the day.

When interogated, It is highly likely that initially you gave an answer that you are here for a family visit or general visit and after that immigration officer at airport was not convinced with your answers.

Immigration officers at the port of entry have the power to curtain the visa if they think that circumstances have changed or if the think visa is not used for the reason it is obtained for.

To my mind, you were may be not well prepared for the interogation by immigration officer.

[vinny]

You were unlucky.