Cancelled UK visa at airport but still allowed in for 3 weeks. Why did it happen?

12/8/2015 3:54:12 PM

Your friend’s leave was curtailed at port and they were issued temporary admission for three weeks. It’s not unusual at all for this to happen, especially if the visitor has personal affairs that need attention and they are not a flight risk.

There is no such rule limiting a person’s stay to 90 days per year or any other period per year. When a person has a 5 year visitor visa they can stay for a maximum of 6 months on any particular visit.

So why was the visa curtailed? The Immigration Officer decided that your friend was making the UK their home and centering their life on a presence in the UK. The rules allow an IO to make that determination. We cannot second guess the IO’s decision here, all we can do is say his actions are within the scope of the rules.

Unless your friend can show that the IO’s decision was racially motivated (or discriminatory in some other way), there is no path of appeal available to him. If he tried, it wouldn’t even reach the hearing stage. He could also lodge a perversity judicial review (cost of about 20k) with the same expected result.

The remaining option is to make a fresh application that includes an explanation of why he is not making the UK his home and he is not living in the UK with a view towards settlement.

Your friend should consider instructing a UK solicitor with experience in applications where there has been a previous curtailment.

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About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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