Questions and Answers on Immigration in Britain

Farid Raymond Anthony

• Editorial: Routledge
• Año: 2013
• ISBN:
  9781135214692
• Edición: 1
• Categoría: History
• Categoría: Military & Maritime History

This guide to immigration to Britain uses a question and answer format to provide information in simple English. It ranges over: visitors; professional workers; students; business people; working in the UK; settlement; asylum; offences and deportation; appeals and British nationality.

Chapter 1
General

Chapter 1 contains questions and answers based on generally used terms that will enable the reader to understand the immigration rules.

Q.l What is an 'ECO' and what is 'entry clearance'?

A. 'ECO' means 'entry clearance officer'. These are officers in overseas countries, stationed either in the British Embassy, High Commission, or a similar diplomatic post, who are responsible for checking and interviewing an applicant and granting or refusing him entry clearance before he leaves his home country. ECOs are normally stationed in nonvisa Commonwealth countries; in visa countries they are called 'visa officers' and grant visas. Entry clearances and visas serve the same purpose and are generally used interchangeably although the term 'entry clearance' is often used whether a visa or entry clearance is involved. A visa, entry certificate, or any other such document, according to the immigration rules, is to be taken as evidence of the holder's eligibility for entry to Britain even though he is not a British citizen, but it does not include a work permit.

Q.2 What is an immigration officer (IO)?

A. He is the official at a port or airport in Britain who decides whether to let you in and what conditions to impose, depending on his interview with you. His powers are controlled by the immigration rules.

Q.3 What is the difference between a High Commission and an Embassy?

A. High Commissions differ from Embassies in that Commonwealth countries have High Commissions and non-Commonwealth countries have Embassies, but they both perform the same duties abroad.

Q.4 From which countries are citizens 'Commonwealth citizens'?

A. All British citizens are Commonwealth citizens and so are citizens of the following countries: Antigua and Barbuda, Australia, Bahamas, Bangladesh, Barbados, Belize, Bermuda, Botswana, the British Virgin Islands, Cameroon, Canada, Cayman Islands, Cyprus, Dominica, Fiji, Gambia, Ghana, Gibraltar, Grenada, Guyana, Hong Kong, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Montserrat, Mozambique, Namibia, Nauru, Nevis, New Zealand, Nigeria (suspended), Pakistan, Papua New Guinea, Pitcairn Island, St Kitts, St Lucia, St Vincent, St Christopher and Nevis, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, Vanuatu, Western Samoa, Zambia, Zimbabwe.

Q.5 Which countries are British dependent territories (BDTs)?

A. Under the British Nationality Act 1981, the following countries became BDTs: Anguilla, Bermuda, British Antarctic Territories, British Indian Ocean Territories, Cayman Islands, Falkland Islands and dependencies, Gibraltar, Hong Kong (until 1997), Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St Christopher and Nevis, St Helena and dependencies, the sovereign base area of Akrotiri and Dhekelia, Turks and Caicos Islands, and the Virgin Islands. Some of these territories are also Commonwealth countries.

Q.6 Which countries are 'visa countries'?

A. Citizens of certain countries are designated as 'visa nationals' and need a visa before coming to the United Kingdom for whatever reason. Some of these countries are also Commonwealth countries and are marked with an asterisk (*): Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Bangladesh*, Belarus, Benin, Bhutan, Bosnia-Herzegovina, Bulgaria, Burkina-Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, China, Comoros, Congo, Cuba, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia*, Georgia, Ghana*, Guinea, Guinea Bisau, Haiti, India*, Indonesia, Iran, Iraq, Ivory Coast, Jordan, Kazakhstan, Kenya*, Kirghizstan, Korea (North), Laos, Lebanon, Liberia, Libya, Macedonia, Madagascar, Mali, Mauritania, Moldova, Mongolia, Morocco, Mozambique, Nepal, Nigeria*, Oman, Pakistan*, Philippines, Romania, Russia, Rwanda, Sao Tome e Principe, Saudi Arabia, Senegal, Sierra Leone*, Somalia, Sri Lanka*, Sudan, Syria, Taiwan, Tajikistan, Tanzania*, Thailand, Togo, Tunisia, Turkey, Turkmenistan, Uganda*, Ukraine, Uzbekistan, Vietnam, Yemen, all the countries of the former Yugoslavia (not including Croatia and Slovenia), Zaire.

Nationals of countries marked with an asterisk are known as 'semi visa nationals'. Although they require entry clearances to enter the United Kingdom they are regarded as Commonwealth citizens for other purposes and can enjoy whatever privileges remain to such citizens, such as not requiring registration with the police. All persons holding passports or documents from the former Soviet Union and the former Yugoslavia, all stateless persons, and those holding nonnational documents, require visas. There is no discretion to grant leave to enter to a visa national who does not possess a valid current visa.

From time to time, countries may be deleted from or added to the above list. For example, Sierra Leone was added on 21 September 1994 due to an influx of asylum seekers to the United Kingdom from that country. It is always advisable to check the list from the Embassy/ High Commission in your country. Carriers (airlines and ships) have a duty, under The Carriers' Liability Act, to ensure that all passengers to the United Kingdom have a valid entry clearance or visa where so required, and carriers are subject to a fine (of £2000 per passenger) if they do not comply with this legislation.

Q.7 Are there any exemptions from the visa requirements for visa nationals?

A. Yes. There are certain circumstances exempting such requirements:

1. People who are settled in the United Kingdom and who do not stay away from the United Kingdom for longer than two years. These qualify for admission as returning residents (although they are visa nationals) and do not require a visa.
2. People who were given leave to remain in United Kingdom for longer than six months, such as students, work-permit holders, or people staying for some other long-term purpose, and who have gone abroad and are returning within the period of the leave granted, do not need a new visa. Those who had six months or less will have to have a visa - visitors, for example.
3. Those holding refugee documents issued by countries that are signatories to the 1951 Convention, and the Council of Europe Agreement 1959 (abolishing visas for refugees), if coming for visits of three months or less, do not need visas.

Q.8 Do those not designated as 'visa nationals' still need entry clearance to come to the United Kingdom?

A. There are certain circumstances in which they will need an entry clearance. The new rules state that 'a visa-national and any other person who is seeking entry for the purpose for which prior entry clearance is required ... must produce to the immigration officer a valid passport or other identity document endorsed with ... entry clearance' and quite a few categories have now been included as requiring entry clearance for work or settlement; the list is:

1. people coming for permanent settlement (irrespective of which country they are coming from - whether commonwealth, nonvisa, or visa countries);
2. people coming for work experience or training. A work permit has to be obtained beforehand. No mention is made of entry clearance. Those coming to seek employment, it seems, do not require entry clearance but will need a work permit, although entry will be easier with entry clearance. Their spouses will need entry clearance;
3. working holidaymakers and their children, even if they come from Commonwealth countries, will now (under the new rules) need an entry clearance to enter in this capacity;
4. teachers/language assistants and their spouses and children;
5. representatives of overseas newspapers, news agencies, and broadcasting organisations and their spouses and children;
6. representatives of overseas firms and their spouses and children;
7. the private servants of diplomats and their spouses and children;
8. overseas government employees may either obtain an entry clearance or produce satisfactory evidence of their employment with the overseas government on applying for entry to the United Kingdom. It appears that their spouses and children will need entry clearances;
9. ministers of religion, missionaries, or members of a religious order, and their spouses and children;
10. airport ground staff working for overseas-owned airlines, and their spouses and children;
11. persons with United Kingdom ancestry (even if they are Commonwealth citizens) and their spouses and children;
12. businessmen, people who are self-employed, investors, writers, composers, artists, and their spouses and children;
13. those with rights of access to children resident in the United Kingdom;
14. British overseas citizens may seek either an entry clearance for indefinite leave to enter or may apply for a special voucher overseas;
15. retired persons of independent means, and their spouses and children;
16. adopted children from overseas;
17. parents, grandparents, and other relatives (see paragraph (i) of the answer to this question).

In effect the only categories not requiring mandatory entry clearance are those from non-visa countries travelling as visitors, visitors in transit, people visiting for medical treatment, students and prospective students, and au pairs. The rules, nevertheless, provide for optional entry clearance if you are not a visa national. This course of action will prevent delay at the point of entry. It must be noted, however, that if application is made for this optional entry clearance and it is refused, but the applicant still travels to the United Kingdom, entry will probably be refused as passports are usually marked indicating refusals. Where the IO is unaware of this refusal and it is not disclosed, this may amount to illegal entry on grounds of nondisclosure as shown in question 11 (xv) below.

Q.9 When is entry clearance not mandatory?

A. Those who do not need mandatory entry clearance are people from non-visa countries which are not mentioned in question 8 and those who are mentioned in the answer to question 7. As stated in the answer to question 8, the only categories not requiring mandatory entry clearance are, in effect, those from non-visa countries travelling as visitors, visitors in transit, people visiting for medical treatment, students and prospective students, and au pairs.

If you do not need entry clearance you can choose to get an optional one. The advantages of this are that you are less likely to be refused entry on arrival and, if you are refused, you can appeal from within the United Kingdom. Visitors, prospective students, and students on courses of less than six months' duration without an entry clearance have no right of appeal. The disadvantage is that if you apply for an optional entry clearance from abroad and are refused it will be harder to obtain entry later unless the circumstances leading to the refusal have changed. (An appeal from abroad is possible.)

Most people who do not need a visa or entry clearance just arrive in the United Kingdom and, so long as they can satisfy the immigration officer at the port of entry that they can comply with the various requirements for the category under which they are entering (a visitor or student, for example), they are likely to be admitted. This is not always successful, however, and it has been known for some to be turned away. If someone can satisfy the IO here, he should be able to satisfy the ECO in his own country and so reduce the risk of losing the fares he paid and having a stamp in his passport indicating that he has been refused entry. The new rules provide that 'any person who wishes to ascertain in advance whether he is eligible for admission to the United Kingdom may apply for the issue of an entry clearance'. The applicant can decide whether he wishes to exercise this option.

Q.10 What are 'leave to enter' and 'leave to remain'?

A. These terms refer to permission given by the immigration officer in the United Kingdom to the person seeking entry at a port or airport to enter or remain in the United Kingdom for a given period of time. If, after the completion of an examination by an immigration officer, notice of granting or refusal of leave to enter is not given within 24 hours then it is deemed that leave to enter for six months has been given. The conclusion of the interview is where there is only one interview and the immigration officer decides not to have a second interview (R v SSHD ex parte Labiche (1990) Imm.A.R. 157), or at the conclusion of the last interview (R v SSHD ex parte Thirkumar (1989) Imm.A.R. 402).

Stamping the passport will be taken as giving notice of granting leave but where the passport is stamped and the period granted is illegible it will be deemed to be for six months from the date of entry (R v SSHD ex parte Minton (1990) Imm.A.R. 199).

Q.11 When can entry clearance or leave to enter be refused?

A. There are certain grounds, under the rules, where the entry clearance officer (in the overseas country) or the immigration officer (in the United Kingdom) will refuse clearance or entry according to the rules. These include circumstances where:

1. entry is sought for a purpose not covered by the rules;
2. a deportation order is in force against the applicant;
3. the applicant is not in possession of a valid passport or other document showing his nationality and identity;
4. there is a lack of proof that someone entering United Kingdom with an intention of travelling to other common travel areas will be allowed to enter those areas;
5. the applicant is not in possession of an entry clearance and he is a visa national (see questions 6, 7 and 8);
6. where the Secretary of State has personally certified the applicant as undesirable for the public good;
7. where a medical officer confirms that it is not desirable to admit the applicant for medical reasons (for example, where the applicant suffers from a contagious disease) - unless there are strong compassionate grounds to allow him in.

Other grounds where the immigration officer may refuse entry are given as:

• (viii) failure to furnish information to enable the officer to decide whether to grant entry or to decide the conditions to be satisfied if entry is granted;
• (ix) failure of returning residents to satisfy the rules for entry by such persons (see the section on returning residents);
• (x) holding a passport or identity document of a territory not recognised by United Kingdom or which does not accept British passports;
• (xi) failure to observe time limits or conditions set for leave to enter or remain;
• (xii) obtaining previous entry by deception;
• (xiii) failure by the applicant to show that he will be admitted to another country he proposes to visit after leaving the United Kingdom;
• (xiv) failure by a sponsor to give an undertaking, if so required, to take responsibility for the applicant's maintenance and accommodation;
• (xv) making false representations or failure to disclose any material facts for the purpose of obtaining a work permit; whether such repre...

Índice

• Cover
• Title
• Dedication
• Copyright
• Contents
• Acknowledgements
• Abbreviations
• List of questions
• Cases mentioned
• Foreword
• Introduction
• 1. General (questions 1-41)
• 2. Visitors:
• 3. Professional workers
• 4. Students (questions 73-103)
• 5. People entering on business
• 6. Working in the United Kingdom
• 7. Entry for other purposes
• 8. Settlement
• 9. Asylum (questions 263-280)
• 10. Offences and deportation
• 11. Appeals (questions 305-308)
• 12. British nationality (questions 309-321)
• Postscript