3rd Country's Immigration&Airline Mandate/SOP issued by UK Authorities to check UK Valid Visa & to offload.

Syed Kamran made this Informationsfreiheit request to Europäische Agentur für die operative Zusammenarbeit an den Außengrenzen

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Dear European Agency for the Management of Operational Cooperation at the External Borders,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Subject: (Out of UK, Overseas Immigration & Airline Handling instruction for checking passenger's UK Valid Visa on suppression/esquire about its Validity, Operational Guidance, SOP's / Powers, Mandate given by UK Authority to imposing travel restrictions or by offloading passenger on verbal instruction.

Dear Sir,

1) I want to ask questions about published policy, rules, responsibilities, operational guidance checking / examination procedure to deal UK bound passenger's who are travelling from overseas airport back to UK with UK valid visa, valid travel documents and return ticket.
Issued to following two a) and b) in all below mention scenarios, required / applicable time duration (January 2015 to March 2015)
a) Airlines and
b)Third Country's Immigration authorities
2) Please share inquiry procedure for passenger who is already holding a UK valid visa, valid travel documents and boarding pass
Where the immigration officer / Airline – Career are not satisfied on following grounds, for example :
"passenger UK visa was not valid and /or not good for travelling without getting it renewed."
&
"Weather the pax in question could have traveled and got entry into UK after stay in (X YZ) Country for over (two years) "
3) Document Name : Charging_Guide_Nov_2014_Version_7.pdf,
Pg. 25 and Pg. 26
Ref. https://www.gov.uk/government/uploads/sy...

a) What is called or refereed in above, full and accurate information?
b) What if full and accurate information is not shared ?
[In my case my I have no ILR -Stamp on passport, travelling in initial 3 years of Visa validity was never shared with UK official as per Pakistan Immigration Authority, they only question on over two year out of UK stay]
c) What if nearest United Kingdom representative / British High Commission was contacted
And the Officer on duty, of UK High Commission was not definite
d) What if no opportunity to verify passenger's acceptability with the United Kingdom authorities?
e) What UK port of arrival was not contacted
f) What if there are compelling compassionate reason or compelling circumstances of an exceptional nature was not considered or no question was asked by third country's Immigration authorities or by Airline?

4) Please share the relevant rule to deal in normal way and also share detaining Powers, Mandate to Offloading a passenger if UK Bound passenger fulfill following , At the time of departure passenger who are already holding UK Valid visa, valid travel documents, including boarding pass / return ticket and travelling in following circumstances / scansion.
a) Passengers whos UK visa (for example, Tier- 1 General visa ) still valid at the time of travel.
b) Passengers who are travelling back to UK, in the initial 03 year of visa issuance and within visa validity.
c) Passengers who don’t have ILR – Indefinite leave to Remain stamp on any of current and previous passports.
d) Did not continuously lived 5 Year in UK.

e) Spend over 02 year stay out of UK, due to serious compelling and compassionate reasons.

f) Passengers Who are holding documents ready for inspection and to present justify over 02 year out of U.K absence before the UK Immigration officer at UK's port of entry Airport

5) Revocation of an entry clearance : ECB18

https://www.gov.uk/government/publicati ... ance-ecb18

"Cancellation or revocation must never occur at any place where an ECO is acting in an advisory or informal capacity (for instance at an airport where advice is being given to airport staff, on a home visit or a field trip."

a) Can any third country immigration office / Airline decide offloading a passenger who is already
holding a UK valid visa, Return Ticket, Boarding pass valid to London –UK.

6) "UKVisaRequirement"
As per documentRefrence:Produced by: CARRIERS LIAISON SECTION, UKBA, TEL: +44 20 3014 8230 (FAX 8221) [email address] The information on this poster was correct: 03-04-12
“Passenger Previously in UK : A visa national, whose visa is still valid or who has been granted permission to stay in the UK for a period exceeding 6 months which has not expired dose not required a visa….”
In the light of above, Please help me in understanding if any passenger falls in following scenario if,
a) Any visa National holding UK valid visa that was issued for initially three years.
b) Passenger is travelling to UK from overseas Airport after spending Two year out of UK stay and
c) Not holding ILR Stamp on passport when last left UK,
d) Did not complete 05 year continuous stay in UK
e) Holding doc. to justify over 02 year out of UK stay due to serious compelling and compassionate reasons from above it translate that, there is no travel restriction on visa holder /passenger to travel UK, Without applying for fresh / new visa and also in this case No renewal of visa is required. Please share necessary guidance

7) "You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to remain’) and you’ve been away for more than 2 years….."
Reference: UK Visa & Immigration letter , Whatdotheyknow, S. Gree, dated : 31 July 2014, Our Reference: 32366.
All UK bound passengers, if in following circumstances for example UK Tier -1 General Visa holder is allowed to travel from overseas Airport to UK. Without getting Fresh / Renewed visa or applying Returning Resident visa if,
a) Visa nationals is travelling back to UK from overseas airport with valid UK Visa e.g. Tier 1 General ,
b) The visa holder – Passenger is also not having any ILR Stamp on his passports.
c) Visa was issued initially for 03- three years
d) Travelling back to UK within the visa validity
e) He is away from UK for more than 2 years and
f) The passenger is travelling back to UK with exceptional circumstances and hold reason with documents to proof his serious compelling & compassionate reasons . Please confirm following ,
i. UK Visa holder/ passenger is allowed to re-enter UK and
ii. Is their any Travel restriction can be imposed on the visa holder from Third country's
Immigration authority or by Airline / Career by offloading the passenger holding valid
UK Visa
iii. Grounds, Rules, SOP and powers for imposing ,
a. Offloading / Detaining / travel restrictions
iv. In case what are the rules and check to justify if passing / acting on verbal instruction to
offload

8) UK Visa Holder / Passenger, With over 02 year out of UK stay, without ILR stamp, travelling within the initial tier 1 general visa validity of 03 years with reasons / documents of serious compelling reason was also available to justify over 2 year absence.
Is their any travel restriction can be imposed by 3rd country Immigration Authority or by Airline.
In another words its allowed that the passenger can travel back to UK with above details
b) How the Offloading on Verbal instruction received to airline/career from 3rd country's Immigration official is justified , Where interestingly 3rd county's Immigration Authority shifted the burden to offloading to Airline in their report submitted in Ombudsman.
As at the time of offloading no reason was shared in written and no offloading stamp was made on passport
c) Where can I claim remedy or damages and what other supporting documents I need?

I thank you, if you please share the above related information.

Yours faithfully,

Syed Kamran

PAD, Europäische Agentur für die operative Zusammenarbeit an den Außengrenzen

1 Attachment

Dear Mr Kamran,

 

Thank you for your email.

 

We took a look at your request and consulted both our Press Office that
handles such requests for information, but also our Air Borders Sector.

 

Unfortunately Frontex does not have this information at its disposal. We
therefore would like to propose that you contact the UK authorities
directly as they would be better placed to assist you.

 

Thank you

 

Kind regards,

 

Transparency Office

Corporate Governance

Tel: +48 22 205 9500

 

 

From: Frontex
Sent: 12 January 2017 12:36
To: PAD <[email address]>
Subject: FW: access to documents request - 3rd Country's
Immigration&Airline Mandate/SOP issued by UK Authorities to check UK Valid
Visa & to offload.

 

 

 

Date: 12.01.2017 Reg.No: 790
Responsible Organisation:                      Cc:
Remark: Deadline:

   
Remark for staff member:
Reference:

 

 

 

 

 

 

 

 

 

 

Best Regards
 
[1]cid:Artboard16-100_9e7f5063-82a4-4388-a45e-d707da0a274f.png

 

 

Dear European Agency for the Management of Operational Cooperation at the
External Borders,

 

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

 

Subject: (Out of UK, Overseas Immigration & Airline Handling instruction
for checking passenger's UK Valid Visa on suppression/esquire  about its
Validity, Operational Guidance, SOP's / Powers, Mandate given by UK
Authority to imposing travel restrictions or by offloading passenger on
verbal instruction.

 

Dear Sir,

 

1)            I want to ask questions about published policy, rules,
responsibilities, operational guidance checking / examination procedure to
deal UK bound passenger's who are travelling from overseas airport back to
UK with UK valid visa, valid travel documents and return ticket.

Issued to following two a) and b) in all below mention scenarios, required
/ applicable time duration  (January 2015 to March 2015)

         a) Airlines and

         b)Third Country's Immigration authorities

2)            Please share inquiry procedure for passenger who is already
holding a UK valid visa, valid travel  documents and boarding pass

Where the immigration officer / Airline – Career are not satisfied on
following grounds, for example :

"passenger UK visa was not valid and /or not good for travelling without
getting it renewed."

&

"Weather the pax in question could have traveled and got entry into UK
after stay in (X YZ) Country for over (two years) "

3) Document Name : Charging_Guide_Nov_2014_Version_7.pdf,

       Pg. 25 and Pg. 26

Ref.
[2]https://www.gov.uk/government/uploads/sy...

 

a)            What is called or refereed in above, full and accurate
information?

b)            What if full and accurate information is not shared ?

[In my case my I have no ILR -Stamp on passport, travelling in initial 3
years of Visa validity was never shared with UK official as per Pakistan
Immigration Authority, they only question on over two year out of UK stay]

c)            What if nearest United Kingdom representative / British High
Commission was contacted

And the Officer on duty, of UK High Commission was not definite

d)            What if no opportunity to verify passenger's acceptability
with the United Kingdom authorities?

e)            What UK port of arrival was not contacted

f)             What if there are compelling compassionate reason or
compelling circumstances of an exceptional nature was not considered or no
question was asked by third country's Immigration authorities or by
Airline?

 

4)            Please share the relevant rule to deal in normal way and
also share detaining Powers, Mandate to Offloading a passenger if UK Bound
passenger fulfill following , At the time of departure passenger who are
already holding UK Valid visa, valid travel documents, including boarding
pass / return ticket and travelling in following circumstances / scansion.

a)            Passengers whos UK visa (for example, Tier- 1 General visa )
still valid at the time of travel.

b)            Passengers who are travelling back to UK, in the initial 03
year of visa issuance and within visa validity.

c)            Passengers who don’t have ILR – Indefinite leave to Remain
stamp on any of current and previous passports.

d)            Did not continuously lived 5 Year in UK.

 

e)            Spend over 02 year stay out of UK, due to serious compelling
and compassionate reasons.

 

f)             Passengers Who are holding documents ready for inspection
and to present justify over 02 year out of U.K absence before the UK
Immigration officer at UK's port of entry Airport

 

5) Revocation of an entry clearance : ECB18

 

[3]https://www.gov.uk/government/publicati ... ance-ecb18

 

"Cancellation or revocation must never occur at any place where an ECO is
acting in an advisory or informal capacity (for instance at an airport
where advice is being given to airport staff, on a home visit or a field
trip."

 

a)            Can any third country immigration office / Airline decide
offloading a passenger who is already

holding a UK valid visa, Return Ticket, Boarding pass valid to London –UK.

 

6)            "UKVisaRequirement"

As per documentRefrence:Produced by: CARRIERS LIAISON SECTION, UKBA, TEL:
+44 20 3014 8230 (FAX 8221) [email address] The information on this poster
was correct: 03-04-12 “Passenger Previously in UK : A visa national, whose
visa is still valid or who has been granted permission to stay in the UK
for a period exceeding 6 months which has not expired dose not required a
visa….”

In the light of above, Please help me in understanding if any passenger
falls in following scenario if,

a)            Any visa National holding UK valid visa that was issued for
initially three years.

b)            Passenger is travelling to UK from overseas Airport after
spending Two year out of UK stay and

c)            Not holding ILR Stamp on passport when last left UK,

d)            Did not complete 05 year continuous stay in UK

e)            Holding doc. to justify over 02 year out of UK stay due to
serious compelling and compassionate reasons from above it translate that,
there is no travel restriction on visa holder /passenger to travel UK,
Without applying for fresh / new visa and also in this case No renewal of
visa is required. Please share necessary guidance

 

7)            "You need a Returning Resident visa to come back to live in
the UK if you were previously settled (given ‘indefinite leave to remain’)
and you’ve been away for more than 2 years….."

Reference: UK Visa & Immigration letter , Whatdotheyknow, S. Gree, dated :
31 July 2014, Our Reference: 32366.

All UK bound passengers, if in following circumstances for example UK Tier
-1 General Visa holder is allowed to travel from overseas Airport to UK.
Without getting Fresh / Renewed visa or applying Returning Resident visa
if,

a)            Visa nationals is travelling back to UK from overseas
airport with valid UK Visa e.g. Tier 1         General ,

b)            The visa holder – Passenger is also not having any ILR Stamp
on his passports.

c)            Visa was issued initially for 03- three years

d)            Travelling back to UK within the visa validity

e)            He is away from UK for more than 2 years and

f)             The passenger is travelling back to UK with exceptional
circumstances and hold reason  with  documents to proof his serious
compelling & compassionate reasons . Please confirm following ,

i.              UK Visa holder/ passenger is allowed to re-enter UK and

ii.             Is their any Travel restriction can be imposed on the visa
holder from Third country's 

         Immigration  authority or by Airline / Career by offloading the
passenger holding valid

        UK Visa

iii.            Grounds, Rules, SOP and powers for imposing ,

          a.  Offloading / Detaining / travel restrictions

iv.           In case what are the rules and check to justify if passing /
acting on verbal instruction to

        offload

 

8)            UK Visa Holder / Passenger, With over 02 year out of UK
stay, without ILR stamp, travelling within the initial tier 1 general visa
validity of 03 years with reasons / documents of serious compelling reason
was also available to justify over 2 year absence.

Is their any travel restriction can be imposed by 3rd country Immigration
Authority or by Airline.              

In another words its allowed that the passenger can travel back to UK with
above details

b)            How the Offloading on Verbal instruction received to
airline/career from 3rd country's Immigration official is justified ,
Where interestingly 3rd county's Immigration Authority shifted the burden
to offloading to Airline in their report submitted in Ombudsman.

As at the time of offloading no reason was shared in written and no
offloading stamp was made on passport

c)            Where can I claim remedy or damages and what other
supporting documents I need?

 

I thank you, if you please share the above related information.

 

Yours faithfully,

 

Syed Kamran

 

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