After being stopped a couple more times within the span of one year by UK immigration while visiting, I decided to lodge a formal complaint through the Home Office however I did not get my hopes up.
After two weeks, today I got a reply back from the UK Border Force apologizing for their admittedly unnecessary stops and notice that it will not happen again.
Hopefully this provides some direction to other people in the same predicament. For non-visa nationals, you don’t absolutely have to apply for Entry Clearance (which is believed to be the way to clear previous immigration snafus on your record)
You can use the online forms on their website like I did, or [email protected] or [email protected] to contact them. They do respond quite promptly.
Tell us as much information about yourself as you can. This will help
us to find the information relevant to your case, and to contact you
about it. The information you should provide is listed below:Your contact details. It is important you include your address and
phone number as we may contact you to resolve your complaint by phone
or to request further informationthe names of the applicant/ original complainant if you’re completing
this on behalf of someone else. We must have written authority to
disclose information about another person’s casefull details of the matter you’re complaining about, including times,
dates and locationsthe names or identifying numbers of any staff you’ve dealt with
details of any witnesses to the incident, if appropriate
copies of the relevant letters or papers details of any reimbursement
issues including papers and receipts to support your claim
Apparently this does work because user Forlorn Lancer was able to get his flag removed after following same procedure.
I just entered the UK for the first time today after my complaint. I spent the standard one minute on my landing interview at immigration control like most other travellers, confirming that the flag on my profile has indeed been removed.
Background. When a British Immigration Officer scans your passport the scanner retrieves basic information like nationality, passport number, name, and birth date. This is taken from the passport itself. The system then takes that information and queries an internal database to see if a “stop flag” has been raised. It’s a simple ‘yes/no’ check mark on the IO’s screen. If the flag is set, the IO has the option of going to a secured workstation and seeing all the details (this is what is happening when the IO asks you to wait and then disappears from the PCP for a few moments).
The flag can be set lots of different ways such as an Interpol alert or tax issues (via HMRC) or criminal issues, but most commonly the person has had an “immigration problem” somewhere in their history.
Invariably the inspection process is delayed and this can cause the person to become embarrassed or upset, especially if the person thinks the stop flag has been wrongly set. End of background.
Your questions…
My question is does a border control officer have the authority to
request a stop indicator to be removed, or she was just blowing hot
air up my behind?
An IO will not (and can not) remove the flag by themselves; instead they can add something to your transcript which will be picked up by the ‘back office’ where a bureaucratic process is triggered. As far as “blowing hot air” goes, yes, an IO will say just about anything to make the inspection process go smoothly and of particular interest, they like to make everything sound very easy. Based on what you wrote, they have handed you back your passport and reset the login to the secured workstation, so what ‘exactly’ are they going to use to clear the flag? Did you write down their name? How are you going to chase it? So it’s fine ask to the IO (in a civil tone) when and how she is going to make the amendment and what information she needs from you in order to carry this out. If they respond with some fluff you can adjust your expectations downward accordingly.
One would think if an IO requested the traveler to do this to resolve
the situation, then IO himself/herself cannot make such a request
contrary to what my IO told me today.
An IO can also make it sound real easy by giving you an email address and telling you to write to the Home Office directly. This is certainly a valid approach and one I would endorse because it’s something that leaves a paper trail and hence can be chased. Bear in mind that while writing to them has some advantages, they may or may not honour your request (most likely they will not).
Worth noting though that this fellow had indefinite leave to remain
(which I assume gives him more rights with UK immigration) while I am
merely a visitor.
It’s not so much that the person had ILR, but more to the point: the person applied for and successfully obtained a visa (ILR). Overall I suggest avoiding internet lore because there are many variants and nuances to each case that are not revealed by the people who write about their experiences. See also the “FOAF Syndrome” in which visa problems are legion.
For you, the ultimate remedy is to apply for and receive an entry clearance. In the application you can explain that you do not need an entry clearance, but want to apply for one anyway so as to clear up the delays and distress caused by having a stop flag raised every time you enter the UK. Normally they will clear the flag if the person applies successfully. If they do not, you would then have solid grounds for a complaint.
An entry clearance acts as a panacea to almost all the problems one can have with UKVI and clearing up a stop flag is no exception.
Credit:stackoverflow.com‘
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