It is a general perception that the granting of a visa is a guarantee of entry into the country that issued it. But this is far from being the case. A valid and unexpired visa enables the holder to travel to the territory of the issuing country. It does not however guarantee that the holder would be permitted to cross the border and enter the country. At the border, which is usually the airport, seaport or the land border, the visa holder must undergo an immigration and administrative process to determine whether he would be granted permission to enter or not. If entry is denied, the traveler may face consequences such as detention, immigration bail, removal, cancellation of visa, criminal prosecution/ deportation, and re-entry ban. A denial of entry can be stressful, embarrassing, financially damaging and may have consequences that extend to innocent third parties such as family members or employers. A denial of entry can also affect admissibility into other countries. Understanding the common reasons for refusal of entry and knowing how to prevent them can significantly reduce the risk of problems at the border.
WHAT DOES “DENIAL OF ENTRY” MEAN?
Denial of entry occurs when an immigration officer refuses to allow a traveler into a country on arrival at the airport, sea port or land border. This decision may be made notwithstanding that the person holds:
- a valid visa
- an electronic travel authorization,
- a resident permit,
- a passport from a visa- free country,
- a permanent resident.
In the United Kingdom, admissibility/entry on arrival is determined by the officials of the UK Border Force, a branch of the Home Office. In the United States, the responsibly rests with the Department of Homeland Security (DHS), acting through the US Customs and Border Protection( CBP). In Canada, similar functions are exercised by officials of the Canada Border Services Agency (CBSA). Countries within the European Union and around the world have their equivalent authorities to determine who is allowed in or excluded from the country. The Nigerian Immigration Service is statutorily empowered to discharge similar functions. Whether they do so, and effectively, is an open secret.
COMMON REASONS FOR DENIAL OF ENTRY ON ARRIVAL:
1) INCOMPLETE OR SUSPICIOUS TRAVEL DOCUMENTS
Providing a damaged, expired, altered passport, not having complete supporting documents, having documents that are forged or altered.
2) INABILITY TO GIVE REASONABLE, CREDIBLE, COHERENT ANSWERS
If a traveler claims that he was coming for tourism and have no idea of the tourist sites to visit or was found with documents that suggest other reasons, such as employment, medical treatment, long term stay, etc, or claim to be coming for a conference but cannot name the city or provide basic information about the event, or says he is coming to study or take up a skilled worker job but was found hardly able to speak/ understand English language, or otherwise unable to reasonably explain the purpose of his visit, the immigration officer may not hesitate to render such traveler “back to sender”.
When you arrive a country, you are expected to be able to explain why you are around. If you are completely unable to do so,or where your claimed purpose is contradicted by other evidence found with you, you would have provided a reasonable doubt about the purpose of visit and this can be a valid reason to deny entry.
3) PREVIOUS IMMIGRATION VIOLATIONS
A history of previous immigration violation can significantly affect the chances of success at the border. In some cases, such previous violations constitute a mandatory ground to refuse entry. In some other cases, it can leave the fate of the traveler at the mercy or discretion of the immigration officer. The immigration officer may grant entry if there are mitigating circumstances. Instances of previous immigration violations include previous:
*overstaying, deportation or removal,
*illegal working,
- engagement in prohibited activities
- previous breach of condition of entry,
4) CRIMINAL RECORDS OR SECURITY CONCERNS
Travelers with criminal convictions, especially of offenses of moral turpitude/ depravity, such as fraud, violence, drugs, organized crime, terrorism etc are normally ineligible to be granted entry. Apart from criminal convictions, a reasonable suspicion that the traveler’s character or conduct would be a threat to the society or would not be conducive to the public good is a mandatory ground to deny entry. It is important to note that it does not matter the country where the conviction occurred. For instance,an applicant who has a criminal conviction in Nigeria with a custodial sentence of up to one year is automatically and permanently ineligible to enter the UK.
5) INSUFFICIENT FINANCIAL EVIDENCE
A lack of sufficient financial evidence may lead to the suspicion that the traveler intends to work illegally, rely on public funds or otherwise not a genuine visitor.
6) HEALTH RELATED GROUNDS:
a traveller who is found to have a communicable disease of public health significance would likely be denied entry. Failure to comply with vaccination or health declaration requirements may also create problems at the border.
7) DECEPTION, MISREPRESENTATION, FALSE INFORMATION, FALSE DOCUMENTS
Immigration laws frown very seriously against such conducts and entry can be denied where such has occurred and re-entry ban may apply for a period up to 10 years or indefinitely, depending on the country.
8) CUSTOM BREACHES GROUNDS
If a search on the traveller and his luggage reveal an actionable quantity of prohibited goods/ material, this could lead to a denial of entry, removal or a possible criminal prosecution.
9) CHANGE IN CIRCUMSTANCES GROUNDS
This can be a ground for denial of entry. The following examples will suffice:
i) you were granted entry as a bank manager and it now turned out that you have lost the job and currently unemployed,
ii) you were granted visa to visit your partner and it turned out that you are now divorced,
iii) you are seeking to enter as a skilled worker and it turned out that your employer’s license has been revoked.
WHAT HAPPENS AFTER A DENIAL OF ENTRY?
The procedure varies by country, but travellers who are denied entry my experience the following:
i) Detention and Questioning.
ii) Cancellation of Visa,
iii) Removal or Return Flight,
iv) Re-entry Ban,
v) Immigration Bail,
vi) Criminal Prosecution,
With respect to the United Kingdom, detention is usually for such reasonable period as necessary to enable the Secretary of State to conclude their enquiries, without prejudice to the special concessions made for pregnant women, children and other vulnerable persons. Immigration bail may be granted if a decision may not be reached within a reasonable time in which case the traveler may be granted permission to enter for a limited period and on such conditions that may be necessary.
A refusal of entry is usually recorded in immigration databases and may be shared with other countries.
HOW TO AVOID A DENIAL OF ENTRY
1) Be Honest During Interviews.
Answer questions truthfully. Do not give conflicting, contradictory, inconsistent, incoherent answers. Understand why you are visiting and make a mental preparation. Be confident. Don’t be figgety. Your countenance may raise suspicion and provoke additional scrutiny.
2) Carry Complete Supporting Documents.
Have valid and updated documents relevant to the purpose of your visit such as proof of funds, invitation letter, travel insurance, return tickets, employment documents.
3) Mind What You Carry and what you say
Avoid being found with incriminating materials or items that contradicts your stated purpose of visit.Travel smart. Why carry your entire household property and academic certificates when coming for a 3 day conference? Why do you have to say that your daughter will be putting to bed so you have come to help her with the baby?
4) Understand your Visa Conditions
Travelers must understand what activities are permitted under their visa category. Entering as a visitor while intending to work is likely to result in a denial of entry.
5) Address Previous Immigration Problems Properly.
Individuals with prior refusals, overstays, removals or deportations should seek legal advice before traveling again. In such situations, waivers or other special applications may be necessary.
6) Maintain Strong Ties to Home Country
Evidence of employment, business ownership, family responsibilities or studies can help demonstrate an intention to return home after the visit.
7) Make Sure Your Host is Aware of Your Coming
It is often a problem when the person you are supposed to be visiting gets a phone call and they deny knowing or expecting you. If possible, let your host be at the airport.
WHAT TO DO IF YOU ARE DENIED ENTRY
Being refused entry does not always mean the end of future travel opportunities. The consequences and appropriate response depends on the reason for the refusal but the following would be prudent:
1) Remain Calm and Cooperative.
Arguments or aggressive behavior can worsen the situation and may lead to additional legal consequences.
2) Request Written Reasons.
Written reasons may be important for appeals, administrative reviews, waiver applications or future applications.
3) Contact an Immigration Lawyer
An immigration lawyer can assess whether the refusal was lawful and to advise on possible ways forward such as:
. Appeals
. Administrative reviews
. Judicial reviews
.Re-application strategies
. Waiver application.
A refusal of entry means that a person’s immigration circumstances are complex and an incompetent advisor may dig you deeper into the problem. So you have a responsibility to seek quality advice.
CAN A DENIAL OF ENTRY BE CHALLENGED?
This depends on the country and the issues involved. Border officers generally have wide discretion but also have a duty to act rationally, reasonably and in accordance with the law. Immediate reversals are uncommon but can happen in genuinely exceptional cases or where a vulnerable person, such as a pregnant woman or a child is involved, or where a denial of entry would violate fundamental rights protected by laws such as the ECHR. Some legal options available to the affected person are time -sensitive and prompt legal advice is therefore important.
THE IMPORTANCE OF PROFESSIONAL IMMIGRATION ADVICE
Many travellers underestimate the seriousness of border examinations and only realise the seriousness of the matter too late.
Prompt and sound immigration advice can help:
. understand the real issues,
. determine the best approach
. tell you the honest and brutal truth even when there is no pathway to a short term solution.
. prepare accurate and persuasive documentation
. adequately address underlying issues
. Improve the chances to secure a positive outcome.
SUMMARY AND CONCLUSION
A denial of entry at the border is not uncommon but it is largely avoidable by having the right knowledge, information and by being honest. Where complications arise, seeking professional legal guidance can make a significant difference in protecting future travels and immigration opportunities.
Eddie Onyeka
Global Migration Consultant
NOTE: This write- up is not a full or comprehensive statement of the law on the matter and is written for general information only and not as an advise.
A direct consultation with an immigration advisor is recommended to consider the peculiarities of a particular case.