haikuu

Hello,

My first time posting here, been trying to find some advice without having to go to a Immigration Lawyer.

I was refused entry into the UK a couple months back and mistakenly applied for a visa and it was refused. (My refusal was nothing serious, nothing I cannot fix with a letter and supporting documents. They just thought that because I have traveled over the past couple years and my family was supporting me, that I would have no reason to come back to the US, which I find silly but I understand.)

I am now planning on continuing with my Europe travel plans, but skipping the UK for now. I have this black cross/stamp on my passport now and wondering if it will affect me being able to get into France? and other EU countries. I have a return flight, funds, reason to come back to the US.

My flight is in a week, a few people have told me to get a new clean passport but I don't really feel that it's a good idea. I really just want to go enjoy Europe while it is summer.

Thanks!

sparkchaser

This reads that you flew to the UK and were denied entry at immigration then when you returned home, you applied for a visa and that was denied.

Is that correct?

florin

The UK is not in Schengen. If you have been refused entry by the UK, you may get some additional scrutiny when entering a Schengen country, but as long as you satisfy all the entry criteria I don't see why it should be an issue. I am not a lawyer or an expert, this is just my opinion.

Often1

This is not a Schengen issue. It's a data-sharing issue. The UK, US, Canada and most of Western Europe all share risk-based data.

Both the exclusion and visa denial will likely be visible to other immigration services and will likely entail additional scrutiny.

If, as OP says, this is about documenting an issue and OP documents it, he should travel with the documentation.

It's worth noting that a visa alone does not guaranty admission to a country. Some are particularly fussy about admitting people where they view a risk that you will overstay and become a burden.

gnarly

....but the application form for a British visa asks if you've been denied a visa for other countries.
My wife's (Russian) cousin was twice denied a UK visa when she wanted to come and see us and visit our new baby. They believed that she would be staying to work as a nanny. Nonsense. Are relatives not allowed to see familes any more? 50,000 Avios down the drain.


Anyway, back on topic. We fear that her double denial will complicate her application for a Schengen visa for Malta. We'll see.

:D!

I've heard of that happening before... if she had just said she was going to visit you (plural) she probably would have got it. Unless she didn't provide proof of ties to Russia etc.

JohanSlam

I would get a new passport. Much of the data held on the databases is passport number related

B747-437B

Routine visa/entry refusal (eg. insufficient funds) information is not shared between the UK and the USA or Canada. If the visa refusal was due to an underlying issue (eg. previously trained in questionable camp in Afghanistan) then that data may be shared.

However, the UK is a part of the Schengen Information System (SIS). Therefore, information about refusals of UK (and Irish) visas are available to the Schengen states and vice-versa. That said, while the information is available, it does not in itself usually result in denial of entry to other Schengen states. The underlying issue for the refusal though may indeed result in a similar determination being made by another state.

In the case of the UK, the visa is actually an "Entry Clearance" granted by an "Entry Clearance Officer" stationed at a consular post abroad. Therefore, it does indeed guarantee admission into the UK unless any of the following 4 situations is true :

a) The identity of the document holder is in question,
b) Information related to the travel to the UK was withheld during the application process,
c) False information was provided to support the visa application, or
d) There has been a material change in circumstances since the visa was issued.

If, and only if, the immigration agent at the entry port finds one of those to be the case, is it possible for the entry clearance to be revoked. There is no subjective basis under which an otherwise valid entry clearance can be revoked (unlike the USA for example).

Not any more. Name/DOB/Citizenship is more common today. A legal name change and passport in the new name would probably work however, but I would obviously not recommend this as a routine course of action. Of course, a new passport would also remove the "visual evidence" of the refusal.

flyingfkb

This is not a legal advice and I don't take any guaranty for it!

First question: Do you need a Visa to enter the Schengen area? From your post I can't tell what citizenship you hold. If you need a visa for Schengen, just apply for it with all necessary documents and in case the consulate has question about the denied UK visa they will ask you. If you don't need a visa I think you don't need to worry. The border protection officer / immigration officer might ask you about it but probably you won't have any problems.

alkasetzer69

I've been refused to enter UK couple months ago, but i already have schengen VISA, will i get refused if i try to go to EU ?

florin

Probably not.

B747-437B

No, not unless the reasons for your UK refusal would also render you inadmissable to the Schengen states (eg. certain types of criminal convictions, etc..).

jessydny

I'm in a similar situation and what to know how it went for you in the E.U. What was the process like? Was it fairly easy and they waved you through or did they ask you questions, put your passport through a scanner, ask if you had a criminal history or at any point did your UK rejection come up?

florin

This must be a new FT record! In the previous 13 entries in this thread, 3 of them are 1-hit-wonder / hit&run posts. 3/13 - WOW!

Based on that, I will say that every single one of you will be refused entry in Schengen as well as EU states that are not part of Schengen. For life. Your kids will be banned as well. You're welcome.

makos

It always puzzles me how Americans can get denied entering the UK. So far what I have seen from UK and Australian border patrol shows mos of them who were deneid were either drug runners or had some serious criminal history.