Can I return to UK on tourist visa?

[AdelineC]

Hi there, I made an application for a Permanent Residence Card with the Home Office which was refused in January 2017.

The notice of immigration decision indicated - Refusal to Issue a Permanent Residence Card (No Further Basis of Stay in the UK). I was given 14 days to appeal the decision, which I didn't and decided to move back to Singapore. The date of the letter was the 20th of January 2017 and I left the UK on the 1st of Feb 2017.

During the course of my application, my passport expired whilst it was with the Home Office. In order to leave the country within the stated timeframe, I obtained an emergency travel document from the Singapore Embassy in London as the passport had expired and I could not travel with it anyway.

Whilst in Singapore, I had asked the immigration specialist company who did the visa application for me to request for my expired passport to be returned. Until today, we have not had anything back from the UK Home Office.

I have a couple of things which i need to sort out in London ie storage and shipping my stuff back to Singapore and I'm not sure if I would be allowed back into the country on a tourist visa? The reason I am questioning this is because I have heard that if a visa was refused, individuals are sometimes banned from entering the country for a year.

However, this was not indicated on my refusal letter. It is possible that the Home Office may have stamped my expired passport with a refusal instead, unfortunately, as it has not been returned, I cannot be certain.

I now have a new passport with no stamps but just wondering if anyone might know if I might be banned from entering the country on a tourist visa?

Thanks

[CR001]

On what basis did you qualify and apply for a PR residence card?

Who was your EU sponsor and relation to you?

What is your full immigration and UK visa history?

[AdelineC]

Hi CR001,

I received some advice (although in hindsight it may not have been the best) from an immigration specialist based in London to apply for PR Residence Card on the basis of my previous relationship with an EEA national (ex partner) as I had more than fulfilled the 5 years requirement.

My full immigration and UK visa history detailed as below

- First entered the UK as a student from January 2002 to July 2003.
- Returned to the UK with a working holiday visa valid from 17 November 2003 to 17 November 2005.
- Granted leave to remain as the unmarried partner of an EEA national valid from 12 January 2006 to 12 January 2008.
- Issued with an EEA residence card on the basis of my unmarried partnership with an EEA national valid from November 2008 to November 2013.
- Relationship with EEA national ended during 2012.
- Application for indefinite leave to remain (ILR) on the basis of 10 years’ long residence in the UK which was rejected (as I did not prove that I met the requisite requirements for English) but I was granted two years’ limited leave to remain from 2 April 2014 to 2 April 2016.
- Applied for Leave to remain at the end of April as I thought I had 28 days grace period after expiry of visa, although the Home Office has this down as 3rd May 2016 but this was rejected in July 2016 on the basis of unpaid IHS fees.
- Advised by immigration specialist in London and Applied for a permanent residence card on 13 July 2016 on the basis of my previous EEA relationship.
- Issued with a Certificate of Application on 24 August stating that I had the right to work in the UK until the application is refused or my appeal rights are exhausted.
- Permanent residence application refused on 20 January 2017 on grounds that I have not provided enough evidence that the EEA national resided in the UK in accordance with those Regulations during that 5 year period, as I had separated from the EEA National in late 2012.
- Therefore I did not have a basis of stay in the UK under Immigation (EEA) Regulations 2006. Although the decision letter indicating that I had a right of appeal.
- The immigration specialist advised that i could either reapply for Permanent Residence and re-argue the issues of law with the Home Office but it is likely that the Home Office will maintain their decision. Or i could challenge the decision by way of a Judicial Review application. The prospect of success will depend on whether or not the Judge agrees with our interpretation of the Regulations. This route seemed very costly.
- I decided not to appeal and left the UK on the 1st of Feb 2017 on an emergency travel document issued by the Singapore High Comm as my passport (already expired) was in the possession of the Home Office

Sorry, appreciate that the history seems very complicated. All I would like to do is return to the UK for a couple of days to sort out my storage and get my things shipped back and tie up some loose ends.

I'm just worried that if I flew into the UK on a tourist visa, they may not allow me through. So hoping that someone might know whether or not I'm banned from entering the country?

Thanks

[CR001]

- Granted leave to remain as the unmarried partner of an EEA national valid from 12 January 2006 to 12 January 2008.
- Issued with an EEA residence card on the basis of my unmarried partnership with an EEA national valid from November 2008 to November 2013.
- Relationship with EEA national ended during 2012.

What evidence of your EU partner exercising treaty rights for the whole period you are claiming did you submit with your application for PR??

[AdelineC]

My ex partner and I lived together for over 9 years so I submitted old council tax bills, rental agreements, bank statements etc during that period of time, which I had copies of.

He was also issued with a residence card in 2006. However, as we broke up in late 2012, he moved back to Germany. We no longer have contact, I could not obtain a copy of his residence card from him or any further evidence ie NINO or letters from previous employers.

[CR001]

Without original documents, bank statements, payslips and P60's plus probably your ex partners passport etc, if was bound to fail.

Your rights under the EU directive as an unmarried partner ended the day your relationship ended.

[AdelineC]

Indeed, I am not disputing the decision.

I guess my question is whether or not I can enter the country as a tourist and/or is there a possibility they will stop me from entering?

Thanks

[CR001]

You can try, your full immigration history and refusals will be on record for the immigration officer to see, so it all depends on how much you can convince them that you are a genuine visitor and have ties to your home country.

[AdelineC]

Thanks!

[vinny]

- Application for indefinite leave to remain (ILR) on the basis of 10 years’ long residence in the UK which was rejected (as I did not prove that I met the requisite requirements for English) but I was granted two years’ limited leave to remain from 2 April 2014 to 2 April 2016.

Strange. They must have also been satisfied on 2 April 2014, that you legally resided under the EEA regulations from November 2008 onwards.