I have a UK visa, I am guaranteed entry into the UK, right? By Patricia Marleau & Samantha Evans

By Patricia Marleau & Samantha Evans.

So, you have successfully applied for a UK visa (congratulations!), but did you know you could still be refused UK entry clearance?

Novak Djokovic’s recent experience in Australia resonates with us UK immigration practitioners at Bradley Haynes Law. Entry clearance refusal and removal can happen to anyone, whether you are a tennis champion like Novak Djokovic, a business person, or a tourist.

Business Visitor

Take the example of a businessperson arriving to the UK with their suit and briefcase. What can go wrong? A lot in our experience.

If they are asked about the nature of their business activities in the UK and their list falls outside the permissible business activities contained in the Immigration Rules, then they may be refused entry. That is not to say that they are not eligible to come to the UK for business purposes, but potentially they needed a different type of work visa.

Business visitors are for example not allowed to take on employment in the UK and should not intend to live in the UK for extended periods through frequent or successive visits. They are however allowed to:

• attend meetings, conferences, seminars and interviews;
• negotiate and sign deals and contracts;
• attend trade fairs to carry out promotional work providing they are not selling directly to the public;
• gather information for their employment overseas; and
• be briefed on the requirements of a UK based customer providing any work for the customer is one outside the UK.

If they are an employee of an overseas business, they can come to the UK under this route to advise and consult, troubleshoot, provide training and share skills and knowledge on a specific project and with UK employees of the same organisation.

This route can also be used by prospective entrepreneurs, employees of foreign manufacturers looking to install, repair or service equipment and clients of UK export companies coming to the UK to oversee that their requirements for goods or services are being carried out correctly.

Tourist

If you are coming to the UK to visit our beautiful country, you don’t want to have to cancel your long‑awaited trip to Stonehenge, the Tower of London, or whichever British city you had your heart set on. On top of the disappointment, you will find yourself out of pocket, your stress level will be at record high and you will be in need of a good old cup of tea. The denial of entry could also affect your immigration record and make it more difficult to travel in the future.

Our advice? Make sure you can demonstrate that you intend to leave the UK at the end of your visit, you can support yourself and you have sufficient funds for your return journey.

Grounds of Refusal

Whatever the type of visa you were granted, you will be carefully scrutinised by UK Border Force at port of entry. Never be underprepared for their vigilant checks and questions. It is a good idea to be familiar with the Immigration Rules and, if in doubt, to contact us before setting foot on the plane to doublecheck that all is in order.

Some of the reasons UK Border Force may refuse you entry include:

• a change of circumstances or purpose of your UK visit since entry clearance was granted, e.g. you were granted a Visitor visa, but now want to work in the UK outside of the permissible business activities; and
• medical grounds where the medical inspector concludes that for medical reasons it is undesirable to grant entry unless there are strong compassionate reasons justifying entry clearance.

When travelling, always carry the best supporting paperwork you need as well as your visa documents so you can provide them easily to UK Border Force. Ensure your travel plans are clear with an idea of how you are going to be spending your time in the UK and, if possible, have proof of your return flight to hand. It also helps to keep the phone number of your immigration adviser handy.

If you need advice on entering the UK, or if you have any other immigration legal needs, please contact me on 01905 900 949 or at patricia@bradleyhayneslaw.co.uk.

Happy travels!