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I never had problems traveling around Europe and the UK. But I lied this last time about lots of things (how long I was staying, about my fiance...) and I got refused to enter. I received a letter and they sent me back. In the letter it's said that any other applications will be refused automatically.

I am from Brazil. No criminal records or anything like that. I was going to the Isle of Man to marry him, although I did not intend to live there. As the register office there stated, it's not forbidden to get married. But, as fear (of course) of being refused entrance, I lied about the reason I was going there.

Now I have a letter that says: "Refused entry under paragraph 6.2, 3.6 and [V3.7-V3.9] of appendix V of the immigration rules for visitors. any further applications will also be automatically refused under paragraph [V3.7-V3.9] until [1,2,5 or 10 years]"

I'm going to try to apply for my spouse visa. Do I have to wait for a certain time for the refusal to "expire"?

karol
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    Many details missing, I flagged as unclear until specified. What is your nationality, what did you lie about, can you post the letter you received with your personal info blacked out, when was this, what is your personal situation now? –  Feb 18 '16 at 18:07
  • We have asked the moderators to migrate this question to where people can help you better – Gayot Fow Feb 18 '16 at 21:30
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    For just lying about a boyfriend, it happens a lot and normally they serve a RED.0001, not a big deal. Given that they served you an IS 82, something got them really upset. Very upset. Even if you got in on the spouse pipeline, this could be a character hit for ILR or nationality. – Gayot Fow Feb 19 '16 at 00:46
  • Also - admitting to having worked in the UK while (presumably) not having a work permit, probably did not help. – Scott Earle Feb 19 '16 at 03:14
  • @ScottEarle: yes, karol should clarify whether she was working legally. – Quora Feans Feb 19 '16 at 23:15
  • Ill be completely honest. We had a diary and It was with me when they searched my bags. The officer red only this concerning about work :"First day working with my bf! So excited". He questioned me and I said he was a chef in the kitchen, and once or twice i helped him with the dishes at the end of his work journey, but i was never paid for it, it was only a favor. Plus, i said i baby sitted once for friends. And thats it. He just wrote what he wanted. – karol Feb 20 '16 at 10:42
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    Shouldn't the OP or someone else edit the JPEG letter and re-upload a redacted copy? If I were the OP, I'd not want the full letter posted with all of my personal details. – RoboKaren Mar 19 '16 at 21:41
  • I suppose if she's getting married soon the name Karolinne Starling da Silva, or Karol Starling, might change to something completely different. – Quora Feans Mar 24 '16 at 19:41
  • @RoboKaren The address is Gatwick airport and the the OP's address. The only PII I see is the name. – StrongBad Jan 03 '17 at 17:21
  • You should not provide your personal details, but rather attach a redacted version of such letter. – panza Aug 30 '19 at 18:19

2 Answers2

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One reason for being denied entry is: "using deception in an application for entry clearance, leave to enter or remain." This is, according to your description, your case. It does not matter what was your motivation. For some reason you thought it was a good idea, and the UK thought it was not.

The above situation results in an entry ban for 1 to 10 years. If you have used deception in an entry clearance application (which you have), there is a mandatory refusal for 10 years. That means that any visa application, for whatever reason, is automatically denied.

Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal

Refusal of entry clearance or leave to enter the United Kingdom

(...)

(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

unless the applicant:

(...)

(ii) used Deception in an application for entry clearance more than 10 years ago;

But yes, there is an exception. The ban must not be applied automatically in the case of family reunification under appendix FM.

However, that requires that OP's partner is British, earns more than £18,600/yr, among other factors. Source: Immigration Rules Appendix FM: family members

The marriage would not pre-date the ban. The OP has a bad immigration record and has contrived to frustrate the immigration rules. That's not a good beginning. If she marries her partner, she will still have trouble proving that her relationship is genuine.

---------- UPDATE following comments ----------

You did not lie in your visa application, since you did not apply for a visa. But the rule says: "entry clearance, leave to entry or remain." You have lied when seeking a leave to entry, according to your depiction and the letter above. That does not change your situation at all.

If you marry your boyfriend, you could try and get a spouse visa. But you'll need to prove that your marriage is genuine.

If you were in the UK, you could apply for a ‘family of a settled person’ visa. Now you'll have to apply from abroad, paying a fee of between £100 and £1,100 (depending on the length of the visit), and no right of appeal if it is denied. There is a laundry list of conditions to be met, and documents to be submitted.

You should not put too much weight on the "they will be separating a family, which is against the law...right?" part. No, it's not illegal. And they are not separating you, they are just imposing conditions on you moving into the UK. You could marry your boyfriend and establish a family in Brazil. You have a right to family life, but it must not be established in the UK at the British taxpayer's expense.

Whatever you decide to do, you'll need to ask a solicitor accredited by the UK Law Society and specializing in UK immigration law for detailed advice and possible solutions.

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Quora Feans
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    Is the ban lifted if the OP applies in the family formation/family reunification programme? I.e., as a spouse? – Gayot Fow Feb 19 '16 at 00:41
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    @GayotFow: updated answer. – Quora Feans Feb 19 '16 at 01:56
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    +1, good work. The nitpick is the sponsoring partner does not have to be British. They can sponsor if they are settled (i.e., ILR). Let's hope this answer helps sort out the OP's situation. (which is bad)... – Gayot Fow Feb 19 '16 at 02:57
  • I dont need a visa to enter UK as a tourist. I didnt lied for an entry clearance application, i waas just getting in the country. I thought 10 years would be for drug dealers or such, and not for little boyfriends lie. We are getting married either way, even if its here in brazil. so if they deny our visa, they will be separating a family, which is against the law...right? I just cant find for sure how much time I would have to wait for this to expire. they are not clear about it. – karol Feb 19 '16 at 20:28
  • @karol: updated answer. – Quora Feans Feb 19 '16 at 22:19
  • @karol, Even if you enter the UK as a visa free national, you are still on an implicit visitor's visa with all of its restrictions. – ouflak Feb 19 '16 at 23:24
  • @QuoraFeans, no, a barrister will not help the OP. She wouldn't be able to book an appointment. She needs a solicitor accredited by the UK Law Society. Would you please correct and ping me? Thanks. – Gayot Fow Feb 21 '16 at 02:55
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    @GayotFow: OK, corrected. – Quora Feans Feb 21 '16 at 13:14
  • @QuoraFeans I had already +1, but now your answer is perfect :) – Gayot Fow Feb 21 '16 at 13:19
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I think the [1, 2, 5 or 10 year ...] automatic refusal period is covered in these rules at RFL5.2. If your flight back was at your own (or the airline's) expense and since, as you point out, the deception concerned leave to enter rather than an entry clearance application, it looks like the automatic refusal will continue for 1 year only.

Dennis
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    If she marries her boyfriend, the ban won't apply to her. But even if the ban is 1 year, just because the ban expired, this does not imply that after that you'll obtain a visa. The UK can always keep refusing an applicant under 320 (11) (discretionary refusal for previous immigration offenses). The one-year ban is just for luring immigrants to leave the UK voluntarily with the false hope they will be able to come back. – Quora Feans Feb 19 '16 at 22:55
  • 320(11) applies to Family Member visa applications as well. Are you really saying she'll never be able to come back? – Dennis Feb 20 '16 at 00:08
  • The problem with 320(11) is the discretionary part, which basically means they can apply it at will. We don't know all details. Karol talks about lying about lots of thing and that she was working (legally?). The whole situation will surely condition any further steps and affect results (maybe no ILR). – Quora Feans Feb 20 '16 at 01:34
  • Ill be completely honest. We had a diary and It was with me when they searched my bags. The officer red only this concerning about work :"First day working with my bf! So excited". He questioned me and I said he was a chef in the kitchen, and once or twice i helped him with the dishes at the end of his work journey, but i was never paid for it, it was only a favor. Plus, i said i baby sitted once for friends. And thats it. He just wrote what he wanted. – karol Feb 20 '16 at 10:26
  • The immigration putted me in a plane back to brazil. So, which one would be related to me? "-12 months if they left the UK voluntarily, not at the expense (directly or indirectly) of the secretary of state; -2 years if they left the UK voluntarily, at the expense (directly or indirectly) of the secretary of state," – karol Feb 20 '16 at 10:35
  • And the fact that he took all his conclusions over a diary, written by me, in a second language(not my primary, portuguese), can be relevant if it comes to a court situation, right? – karol Feb 20 '16 at 10:37
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    @karol: he probably took a picture of your diary and logged any further evidence. You can appeal, but unless they made a big mistake do not expect to get away with it. Even if you worked just one night illegally, this is a big deal. Do not expect them to believe that you were not paid, or were just lending a helping hand. – Quora Feans Feb 20 '16 at 16:29
  • I had a return ticket, so i think this is less worse. But it wasnt from the same airline company.. does that makes a difference? They never mentioned anything about this. – karol Feb 20 '16 at 20:14
  • But yeah, i gave a hand and theres no way of proving it otherwise. Guess it will be my word against his.... so my application would be automatically refused for one year. Guess I can live with that. – karol Feb 20 '16 at 20:16
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    The bans having to do with public expense are for overstayers and other removals from within the UK. The OP has a 10 year ban which can only be lifted by a marriage visa (where Article 8 is engaged). – Gayot Fow Feb 21 '16 at 03:00
  • @GayotFow wouldn't the Surinder Singh route be another way for OP to enter the UK sooner than 10 years from now? If they marry and live for a while in another EU country (Ireland or Portugal, perhaps), they could then move to the UK together. – phoog Feb 22 '16 at 22:57
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    @phoog yes, anything that engages Article 8 will work in theory, but the IS 82 forms a petition that the person is not conducive to the public good which can actually block Article 8, so it's too complex to make a call on it. Also I was mistaken in my comment about the OP having a 10 year ban. She would have a 5 year ban. – Gayot Fow Feb 22 '16 at 23:14
  • @phoog just FYI, if you look at the last sentence in the removal notice you can observe that the idiots failed to amend the formulae. It's enclosed in square brackets which should be removed via edit to select one of the values. But this is NOT an exploitable loophole. I.e., the OP cannot benefit from their mistake. The ban is 5 years. – Gayot Fow Feb 23 '16 at 03:20
  • Wouldnt this refusal on my record make it harder or even impossible to get my spouse visa? Or the ban would probably be out with me just getting married? – karol Feb 23 '16 at 17:06
  • @GayotFow I did notice that. It certainly doesn't improve my already low confidence in the quality of the system. Does your previous comment mean that the deception would be taken as evidence that the applicant is a threat to public safety or public policy? (I'm not asking about public health because the answer to that seems obvious.) – phoog Feb 23 '16 at 19:37
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    @phoog girlfriends who lie are common and they usually get an REC.0001 (the new IS151) removal notice. That fact that the OP was served an IS82 means that something went tragically wrong and she got them very very upset. Big time. Stuff like assault or racial slurs or attempted escape or psychotic behaviour, not your usual lying girlfriend. And they concluded that she was not conducive to the public good. That's over and above lying. Still a 5 year ban though. – Gayot Fow Feb 23 '16 at 19:46
  • @GayotFow would the history of (apparent) illegal work also be insufficent on its own for the IS82? – phoog Feb 23 '16 at 19:51
  • @phoog it's indeed grave, but not worth exclusionary measures :) Please take to mind it's about something DURING the landing interview. – Gayot Fow Feb 23 '16 at 20:02
  • "Stuff like assault or racial slurs or attempted escape or psychotic behaviour, not your usual lying girlfriend. " what???? are you crazy?? – karol Feb 24 '16 at 01:03
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    @karol, note the [V3.7-V3.9] part says they are refusing you for a previous immigration violation, which from the text is probably the work you did on the previous trip. And, assuming that includes V3.8(?), they've also found "other aggravating circumstances" were involved; if true this is bad for you since V3.8 is a restatement of paragraph 320(11), which would normally be grounds to refuse a spouse visa application as well. So, yes, they've done everything possible to make your life hard. The advice that your boyfriend hire a lawyer to help fix this is the best you've been given. – Dennis Feb 26 '16 at 18:41