On Fri, 10 Aug 2007 07:33:07 -0700, david_r98.RemoveThis@hotmail.com wrote:
>A fairly specific question, but might be of general interest. I would
>particularly appreciate Lansbury's well informed response:
>
>I always thought that a passport and valid visa enabled a passenger to
>enter the UK (perhaps together with a return ticket), since details of
>funds and accommodation were checked before the visa was issued.
>However, a few days ago my wife arrived, returning after a holiday in
>China. She travels on a Chinese passport, and holds a student visa
>for the UK. She was asked to show proof of her student status, and
>replied that it was in her checked luggage. She was held up and the
>situation seemed to be becoming unpleasant, but when she searched her
>handbag she found that she did indeed have the required documentation
>with her.
>
>My immediate concern about this is that in a couple of weeks her
>daughter (15) will also be arriving back at Heathrow, travelling alone
>on a Chinese passport with a UK visa as the dependant of a student. I
>can't think of any document that would confirm her status, and wonder
>whether there is time to post anything to her in China so that she
>could bring it back with her. Is this likely to be a problem? If so,
>any suggestions?
>
>More generally, does this mean that UK residents who are aliens need
>to bring masses of documentation with them if they leave the UK for a
>holiday?
>
>(I had always thought that once a UK immigration officer had
>established that the person in front of him/her was the rightful owner
>of the passport presented, and that the UK visa was genuine and had
>originally been placed in that same passport, then entry could only be
>denied if the officer had some kind of reason to believe that the visa
>had been obtained fraudulently. Maybe not, or at least not now.)
It has always been my understanding that when you present yourself at the
immigration desk your are requesting entry to the UK. A bit like knocking on
the front door and waiting to be invited in.
The immigration officer (I/O) at the port of entry through the duty Chief
Immigration Officer is the final arbiter on letting you in or not. Up until a
few years ago an I/O could deny entry even if you held a valid visa if the I/O
SUSPECTED that the visa had been fraudulently obtained. (Just giving incorrect
details to obtain the visa would fit that description), or you were not going
to comply with the conditions of the visa.
Now if a person holds a valid visa to enter the UK the I/Os have been told to
accept that on face value and to allow the person entry. However that doesn't
preclude the I/O from asking questions to ascertain that the visa is valid and
that the holder is complying with the conditions of the visa. For example if
my wife enters the UK on her US passport with her Indefinite Leave to Remain
visa she will almost certainly be asked how long she has been out of the UK,
If she were to answer more than 2 years the visa would have expired.
Just taking the information in your post at face value I don't think it out of
the ordinary for the I/O to have asked:-
How long have you been in the UK
Are you still attending courses and where
and other general questions along those lines. One thing which might have
triggered the enquiries was her age and the type of visa. If in the course of
the interview the fact she was married and her husband lived in the UK I would
have been very surprised if she hadn't been required to provide some proof of
her status to the I/O.
The I/O has a power to search her baggage for any documents which prove or
dis-prove the validity of the person. It is common practice for the person to
be help up until the immigration queue is cleared if the I/O wishes to take
the interview past a few cursory questions, The passenger is normally given a
form at this point explaining what is happening.
Your understanding is correct, present a valid passport and visa and you
shouldn't have any problems and just the matter of a few routine questions. I
understand to you and your wife is was a worrying inconvenience but to the I/O
it happens several times a day and the great majority pass on their way having
been delayed for longer than they expected.
I don't see why her daughter should experience problems when she returns but
it might be an idea to make sure the daughter has a contact telephone number
for you, and if there is a problem she could give it to the I/O so they can
speak to you and have the details explained to them.
--
Lansbury (Retired)
www.uk-air.net
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