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Can I Enter UK Again? Please Advise!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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rocker19
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Joined: Tue Nov 15, 2016 1:51 am

Can I Enter UK Again? Please Advise!

Post by rocker19 » Tue Nov 15, 2016 2:09 am

Hi Guys,

I am a Non EU National married to an EEA National in January 2014.

We applied for RC in 2014 and were called for an interview, RC was refused after the interview and home office said our marriage is of convenience. We appealed against that decision but appeal was not successful either and was refused in January 2015. UKBA held onto my passport.

In April 2015 I left UK illegally via France and entered Spain, my Spouse Joined me in Spain and we started living here and applied for Family Member Resident Card (Article 10) Here which we got for 5 years in end of 2015.

We both are living in Spain for 1.7 Months now, my question is If I can still go back to UK or I am banned for life now? because first they said our marriage is not geniune second I left UK illegally.

I left UK because I was Fed Up with all this RC process and did not wanted to apply again and wait for like over a year to get decision, that's why moved to Spain.

Please advise, thank you in advance.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can I Enter UK Again? Please Advise!

Post by noajthan » Tue Nov 15, 2016 9:06 am

You are not dealing with UKBA anymore they were abolished in 2013.

The RC may vary in details of application and paperwork across EU but it is a EU-wide document.
However they are purely optional confirmatory documents.
A RC is useful but not mandatory.

Were you served with any official removal papers in UK?

You don't seem to have made it easy for yourself but you should be able to enter UK. Expect questions to determine if you have abused or circumvented EU free movement rights and/or used fraud or deception.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Can I Enter UK Again? Please Advise!

Post by Casa » Tue Nov 15, 2016 9:14 am

How did you obtain a new passport?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

tortise
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Posts: 19
Joined: Sun Nov 06, 2016 7:32 pm

Re: Can I Enter UK Again? Please Advise!

Post by tortise » Tue Nov 15, 2016 10:45 am

having criminal record or deception fraud if he will go back to Uk with spouse on article 10 RC then can he apply for BRC in UK?
when you applied for RC in UK what was your status?

rocker19
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Posts: 3
Joined: Tue Nov 15, 2016 1:51 am

Re: Can I Enter UK Again? Please Advise!

Post by rocker19 » Tue Nov 15, 2016 5:02 pm

Casa wrote:How did you obtain a new passport?
I got it from my consulate In Spain, I told them my previous one was held by UKBA and they're not returning it.
tortise wrote:having criminal record or deception fraud if he will go back to Uk with spouse on article 10 RC then can he apply for BRC in UK?
when you applied for RC in UK what was your status?
I was legal then, I had student visa.
noajthan wrote:You are not dealing with UKBA anymore they were abolished in 2013.

The RC may vary in details of application and paperwork across EU but it is a EU-wide document.
However they are purely optional confirmatory documents.
A RC is useful but not mandatory.

Were you served with any official removal papers in UK?

You don't seem to have made it easy for yourself but you should be able to enter UK. Expect questions to determine if you have abused or circumvented EU free movement rights and/or used fraud or deception.
Hi,

After my appeal got refused I left UK within few days, so I am not sure if later they sent me any removal papers to my address.

UK authorities must be thinking I am still in the country but I left it 1.7 years ago, so when I turn up at border not sure what will happen.

ohara
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Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Can I Enter UK Again? Please Advise!

Post by ohara » Tue Nov 15, 2016 9:31 pm

The UK didn't routinely conduct exit checks until recently, especially not on those without visas, so the chances are that they are none the wiser.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can I Enter UK Again? Please Advise!

Post by noajthan » Tue Nov 15, 2016 11:57 pm

rocker19 wrote:Hi,

After my appeal got refused I left UK within few days, so I am not sure if later they sent me any removal papers to my address.

UK authorities must be thinking I am still in the country but I left it 1.7 years ago, so when I turn up at border not sure what will happen.
You can expect questions and to have to explain yourself. Exit checks or not you may well flash up on the screens.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

rocker19
Newly Registered
Posts: 3
Joined: Tue Nov 15, 2016 1:51 am

Re: Can I Enter UK Again? Please Advise!

Post by rocker19 » Wed Nov 16, 2016 12:37 am

noajthan wrote:You can expect questions and to have to explain yourself. Exit checks or not you may well flash up on the screens.
Can they detain me and send to jail for leaving UK illegally earlier?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can I Enter UK Again? Please Advise!

Post by noajthan » Wed Nov 16, 2016 12:57 am

rocker19 wrote:
noajthan wrote:You can expect questions and to have to explain yourself. Exit checks or not you may well flash up on the screens.
Can they detain me and send to jail for leaving UK illegally earlier?
My understanding is you can expect questions which is why I mentioned it. Worst case: get turned away.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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