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Friday, 30 August 2013

Entry Clearance (EC)

Entry Clearance (EC)

UK entry clearance is carried out by entry clearance officers overseas in order to decide if a person is qualified under the immigration act to enter the UK.  In many cases entry clearance is a mandatory procedure, but for others the process is optional.  In every case the final decision rests with the immigration officer at the relevant port of entry.

A visa national is an individual who is classed as a stateless person, and who resides in one of the countries listed by the UK Home Office on their visa and transit visas national page.  A visa national must also hold a passport that was issued by an authority that is not recognised on the shores of the UK.  It is necessary for visa nationals to obtain an entry clearance before departing for the UK.  A circumstance where it is not necessary for visa nationals to pursue an entry clearance is if the person is returning as a resident.  Those who have already been given permission to stay in the UK and are returning after briefly leaving the UK within the dates stated for the permitted stay, are also not required to have entry clearance.  Any questions regarding the required paperwork and document evidence for a visa national can be directed to our immigration law firm in order to get expert advice.

Non-visa national

A British subject, British national (overseas), or a person that is from a country that is not listed by border control on the UK visas and entry clearance page, are classified as non-visa nationals. It is not necessary in the majority of cases for a non-visa national to request an entry clearance. Exceptions to this rule include if the person is coming to the UK for more than six months, or if a person is travelling to the UK under a different category or classification, for example, as a fiancé. Immigration solicitors will be able to help a person to discover which category they fall into.

Deportation

If a person has been deported from the UK at any time, a revocation request for the deportation order must be submitted and accepted before they are allowed to travel to the UK (non-visa national), or apply for an entry clearance (visa national).  Any application made by a person who has received a deportation order will be automatically denied an entry clearance, and entry that is in breach of order is a criminal offence.  This also applies to individuals who are within the EEA.  If a request for the revocation of a deportation order is successful, the UK Border agency will submit notice that, although the revocation has been accepted, the person still does not automatically have the right to enter the UK.

Our expert immigration lawyers at Duncan Lewis can help an individual to present sufficient evidence supporting a claim for the revoking of a deportation order.  To find out more information, an immigration lawyer should be consulted as this will ensure that the person files the form and document evidence correctly and stands every chance of receiving the right to apply for entry clearance.

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