Entry Clearance at the UK Border

This article was written by one of our Trainee Solicitors Razan AlMusawi.


Seeking entry clearance at the UK border for visitation purposes used to be a seamless process prior to Brexit. All you had to do was present a valid passport at Border Control and provide a reason for your travel with details of your accommodation and you were generally allowed entry.  

The laws have since changed. Visitors now either require an Electronic Travel Authorisation (ETA) or a visitor visa in order to enter the UK. However, an ETA does not guarantee entry into the UK as each individual is subject to border control checks. 

In this article we will cover what you can do if you get refused entry at the UK border as well as your rights. 

From our experience, we have noted that visitors often get refused at the border for many different reasons. This could include having insufficient ties to your home country, not having a suitable or credible sponsor in the UK or not having access to sufficient funds. 

If Border Force is not satisfied that you are a genuine visitor, they will conduct interviews with yourself and any relevant persons to make further enquiries. During this time, you may be held in detention. 

If you get refused entry at the border, arrangements will be made by Border Force to have you removed from the UK and returned to your home country. It is critical for you to be aware that you have the right to challenge this decision. Although you will not ordinarily have the right of appeal or administrative review, you can challenge the refusal by way of Judicial Review. 

If you are a genuine visitor, we would advise you to challenge this refusal decision. If you do not challenge the decision, the refusal would add a blemish to your immigration record and may affect your chances of seeking entry into the UK again. In addition, the Home Office may consider you to have “accepted” the decision that you are not a genuine visitor if you do not challenge refusal. 

Judicial Review process 

It is advisable to seek legal representation to assist you with this process. 

First, a Pre-Action Protocol letter (PAP) will be prepared challenging the refusal decision and identifying the errors of law made. During this time, you will be allowed to remain in the UK although you may still be held in detention. If the matter is urgent, the first step of preparing the PAP can be circumvented and an application will be made directly to the court for Judicial Review. 

Border Force will have an opportunity to respond to the PAP, either accepting to remake the decision or maintaining refusal. Should refusal be maintained, a Judicial Review application will be submitted to the court. If you are held in detention, you will be eligible to apply to be released on bail at this point as your removal from the UK will no longer be imminent. 

A judge will then decide on whether permission for Judicial Review is granted. 

More often than not, the Home Office will attempt to settle the matter outside of court before the judge makes a decision. If our position is agreeable, you will be able to remain in the UK for the duration of your visit and you may be able to claim costs back from the Home Office. In addition, a claim could be made for unlawful detention if applicable. 

Case study 

We have personally dealt with many of these cases and one such case will be used as an example whilst maintaining our client’s anonymity. We will call the Applicant “R” in this instance.  

R sought entry at the border as a visitor in 2024 to spend time with her friend in the UK. She was refused entry because Border Force deemed that she was not a genuine visitor and removal directions were set in place to remove her from the UK. 

We were promptly instructed and contacted Border Force on R’s behalf. After receiving the refusal decision and interview notes, we prepared a PAP to challenge R’s refusal decision. In response to our PAP, Border Force maintained their refusal decision and kept R in detention. As such, we submitted a Judicial Review claim to the court. 

Shortly after, R was released on bail to her friend’s address where she could enjoy her time in the UK whilst we handled her legal issues with the Home Office. 

The judge made a decision granting permission for Judicial Review on all grounds and as such R was successful in her case. The Home Office then contacted us to settle the matter outside of court offering to agree to remake the decision within 3 months, and to pay R’s reasonable costs. 

R was very satisfied with the outcome of her case. She said “ [we] did an incredible work and my friend was able to stay with me for almost six months, I couldn’t be more thankful for the work and care; I definitely recommend”.

It is incredibly important for visitors to understand their rights when visiting the UK. You have the right to legal representation, and you also have the right to challenge any refusal decision if you believe it has been made incorrectly. 

If you or anyone you know requires legal assistance, please do not hesitate to get in contact with us today.