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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"?

  • 4
    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?
    – mts
    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 0:46
  • 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 3:14
  • 1
    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

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.

  • 1
    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 0:41
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    @GayotFow: updated answer. Feb 19 '16 at 1:56
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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 2:57
  • 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
  • 1
    @GayotFow: OK, corrected. Feb 21 '16 at 13:14

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.

  • 1
    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. Feb 19 '16 at 22:55
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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. Feb 20 '16 at 16:29
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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 3:00
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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
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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

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