Deported Report

8/8/2019 Deported Report

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deported: artists and academics barred from the uk 1

A Maniesto Club dossier to mark thesubmission o the Visiting Artists and AcademicsPetition to 10 Downing Street, 17 March 2010

www.maniestoclub.com/visitingartists

Pablo lafuente Managing Editor, AterallSandy nairne Director, National Portrait GallerySukhdev Sandhu Writer & Chie Film Critic,The Daily Telegraph

anne bean Artistamy Cham Blackburn Museum & Art Galleryterry Smith ArtistGerard lemoS Arts Council Englands CulturalDiversity Panel

Janet Suzman Actress & DirectorraSheed araeen Artist & Founding Editor, Third Textiwona blazwiCk obe Director,Whitechapel Gallery

alan Sillitoe Writer

david medalla Director, London Biennaleana lynCh Singer, Scissor SistersGill lloyd mbe & Judith kniGht mbeDirectors, Artsadmin

adalet Garmainy Director, Artroleantony Gormley ArtistJude kelly obe Artistic Director, South Bank Centrehelena kennedy QCzarina bhimJi ArtistniCholaS hytner Director, Royal National Theatreemily PethiCk Director, The Showroom Gallery

eddie berG Artistic Director, BFI SouthbankPauline hadaway Director, Belast ExposedPhotography Gallery

lola younG Baroness Young o Hornsey OBEloiS keidan Director, Live Art Development Agencylemn SiSSay Poet, Writer & Perormer Jatinder verma Artistic Director, Tara Artsmaureen duffy writerPeter JenkinSon obedeborah beStwiCk Director, Oval House Theatre

JameS linGwood and miChael morriSDirectors, ArtangelJeremy deller ArtistJenni lomax Director, Camden Arts CentreniColaS kent Artistic Director, Tricycle Theatre

Paul hobSon Director, Contemporary Arts SocietyliSa aPPiGnaneSiPresident, English PENbaroneSS Julia neuberGerreverend Jeremy hummerStone Vicaro Torrington, Devon

Polly StaPle Director, Chisenhale Galleryhelen SainSbury Manager, Tate Modernraymond talliS, Emeritus Proessor oGeriatric Medicine

taCita dean Artistlord tim Clement-JoneSfabio roSSi Director, Rossi & Rossi GalleryStelarC Chair in Perormance Art, Brunel Universityraimi GbadamoSi Artistanthony m howell Artist & Authorhilary GreSty Director, Visual Arts& Galleries Association

Phelim mCdermott Artistic Director, ImprobableraQS media ColleCtive Curators or Maniesta 7ProfeSSor John hutnyk Centre or CulturalStudies, Goldsmiths

melanie delaney Director, The Termite ClubSimon mellor General Director, ManchesterInternational Festival

barry SChwabSky Art Critic & Poetdr hubertuS Jahn Snr Lecturer, Universityo Cambridge

toPher CamPbell Artistic Director, The Red RoommeliSSa hoare Lord Deacon o Bathordshirezineb Sedira ArtistSonia boyCe mbe ArtistmiChael boGdanov Theatre Director

luCy neal obemiChael moorCoCk Editor, Journalist & NovelistraChel whiteread Cbe Artistblake morriSon Writerkamila ShamSie WritereuGene roGan Director, Middle East Centre,Oxord University

moriS farhi mbedavid knoPfler Recording Artistanne fine obe frSl Writer

arthur brown God o HellreCharlie Gillett BBC Radio Presenter & Programmermatthew Slotover Director, Frieze Art Fair

and 10,000 otherS

viSitinG artiStS and aCademiCS Petition


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We, the undersigned, believe that these HomeOfce restrictions discriminate against ouroverseas colleagues on the grounds o theirnationality and fnancial resources, and will beparticularly detrimental to artists rom developingcountries, and those with low income. Suchrestrictions will damage the vital contributionmade by global artists and scholars to cultural,intellectual and civic lie in the UK.


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dePorted:artiStS and aCademiCS barredfrom the uk

A Maniesto Club dossier

Manick GovindaJosie AppletonValerie Hartwich


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a manifesto club dossier: march 2010 4

Maniesto Clubwww.maniestoclub.com

Published: Maniesto Club, March 2010Authors: Manick Govinda, Josie Appleton,Valrie HartwichEdit: Josie AppletonDesign: Tom Mower


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Foreword

This dossier marks the submission o the Maniesto Club petition against thepoints-based visa system to Downing Street on 17 March 2010. Here, wepublish the most striking cases submitted to us over the past year, o the artists,musicians, dancers, writers and academics who have been shut out o the UK

by these suspicious and closed-minded rules.

Many o these testimonies were posted on the petition or our Facebook page,or in one case emailed to us at 1am by a rantic artist-curator who had heardthat his invited artist had been locked up at Heathrow and was about to besent home.

This is an account o talent and ability stopped at our borders, which has letthe country all the poorer. The Chinese artist, Huang Xu, was reused a Visato attend the opening o his exhibition at Londons October Gallery; the SouthArican illustrator, Nikhil Singh, was unable to attend his own book launch;Cristina Winsor, a New York artist, was deported or the crime o carryinga couple o small paintings under her arm.

The points-based system has hampered the classical arts, with English NationalOpera losing Iranian lm director Abbas Kiarostami, and the Royal FestivalHall losing Russian Classical pianist Grigory Sokolov. Ballet Russe, theSwansea-based ballet company, was brought to ruin when its dancers werenot allowed back in the country ater their holidays in Russia. But the points-based system particularly aects emerging and more unusual collaborations:the Pakistani pipe band reused a visa to play at the World Pipe Band

Championships in Glasgow; the US hop-hop artist unable to give a talk ata UK university.

Many o the artists included in this dossier were treated very shabbily indeed,locked up or hours in airport interrogation rooms beore being deported,oten at great personal expense. Many were deported on a bureaucraticerror or pedantry, or because their lack o a masters degree deemed theminsuciently educated. Many, unsurprisingly, say that they do not ever wantto return. This is a dossier o shame or the UK Home Oce.

Yet this is only a small selection o the thousands who have had to endure

the absurd stringencies o the UK Border Agency since the points-basedvisa system was introduced. We call not or special treatment or theseindividuals, but the overturning o the points-based visa system as a whole,and its replacement with a more humane system that recognises the value andrichness brought by visitors to these shores.

This dossier also includes a selection o the 10,000-plus people who havesigned the Maniesto Club Visiting Artists petition over the past year. This listincludes teachers and academics, directors and music lovers, artists and taxidrivers, art promoters and students. Together, the petition stands as a collective

cacophony o outrage against these procedures, and a collective armationo the value o international exchange in ideas and in art.


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That so many British citizens are prepared to stand up against themanagement and surveillance o international visitors is ultimately a signo hope. We say to our state that the regulation o visitors supposedlydone in our name and or our saety does not have our support. Ultimately,perhaps, we seek to replace the hostility o bureaucratic checks andbiometric ngerprints with a somewhat dierent message: welcome.

Maniesto Club Visiting Artists and Academics Campaign

Josie AppletonManick GovindaValerie Hartwich

www.maniestoclub.com/visitingartists


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viSual artS/filmabbaS kiaroStami, iran, film direCtorAbbas Kiarostami cancelled his trip to direct Cosi an tutte or English NationalOpera, ater his treatment by UK border ocials. His paperwork was deemedcorrect, and he gave ngerprints. A visa was duly granted. A ew hours

later it was withdrawn and I was asked to resubmit my application. I did soimmediately and was asked or a second set o prints. When I pointed out myprints were unlikely to have changed I was told this method had been usedto catch over 5,000 criminals worldwide. He decided to withdraw.He said: I want to be absolutely clear that my decision was based solely onthe disgraceul treatment to which I was subjected. I travel regularly to Franceand Italy and am no stranger to the bureaucratic dances we Iranians need toperorm to obtain visas. However, the actions o the (British) embassy wereo a wholly dierent order.

CriStina winSor, uSa, artiStCristina Winsor, a US citizen and talented artist rom the downtown EastVillage New York scene arrived in London on Sunday 6 September 2009 tovisit riends and take part in a ree ve-day art estival in the respected eastLondon venue The Foundry, only to be detained or seven hours in a detentioncentre at Heathrow airport and escorted on an outbound plane back to NewYork by security guards. Her crime? Carrying two small paintings under herarm, which she wished to exhibit at the estival and with a bit o luck, sell ora ew hundred dollars.

Statement rom Cristina Winsor: The immigration ocials told me that selling

my work was illegal without a business visa, and took me to the detentioncentre or urther questioning. I told them I wouldnt sell my paintings i it wasagainst the law, and even oered to leave them at the airport so that I couldat least stay in the country and see my riends, and pick them up on my wayout. They said they couldnt trust me to have changed my mind so ast, andthat they couldnt show me avouritism by holding my paintings until my returnfight our days later. I then sat in the immigration detention centre or sevenhours and was escorted to an outbound NYC fight by security. They only gaveme back my passport once I disembarked in JFK airport in NY. I opened mypassport to see a little barred entry symbol.

adam feldmeth, uSa, artiStDavid Mabb, an academic at Goldsmiths, University o London, reportedthe case o a young US artist Adam Feldmeth travelling or leisure to UK,who had accepted to do a days tutorials at Goldsmiths whilst in London.When passing through UK border control at Heathrow and answeringquestions on the purpose o his visit, he mentioned the tutorials. As hecould not provide the adequate visa, he was searched, locked in a cellovernight and deported back to Los Angeles the next day. Mabb reportedthat spontaneous teaching has now been made impossible because o thecomplexity and costs o the visa process. Mabb consequently ound out

that to get a visa or a visiting academic/artist is a long and costly processwhere the university has to sponsor the academic, ll in online orms, visitCroydon to ll in more orms and pay a ee six weeks in advance. This actsagainst any fuidity o academic exchange on a short-term basis, which is


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1 Email to Maniesto Club,

6 March 2009

2 Petition signatory 9484

the very essence o academic dialogue. Universities have been cosmopolitaninstitutions; these new bureaucratic measures have the eect o homogenisingand Europeanising them.1

melati Suryodarmo, indoneSia, artiStTestimony rom petition signatory, Robert Persson, artist: In July 2009

I attended Marina Abramovic presents during the Manchester InternationalFestival. This was undoubtedly one o the most important perormance artevents to occur in Britain or many years, and there was an empty spacewhere there should have been an artist rom Indonesia (Melati Suryodarmo).The organisers had to explain that the artist had run into visa trouble.Thousands o people attended this event. This means that another severalthousand people now see the Border Agency, and the whole policingand population control inrastructure o the United Kingdom, as mean andridiculous.

m P landiS, uSa, PainterBrooklyn-based painter MP Landis was supposed to be in Dutown Scotlandover the summer o 2009 on an artists residency at the prestigiousGlenddich Distillery. Landis, his wie and ve-month daughter were to beliving on the distillery grounds with seven other international artists. But thenew points-based system prevented Landis and his amily rom taking up thisopportunity. The stringent rules required Landis and his amily to show theyhad at least $1,400 o savings, and each artists sponsor in this case,Glenddich were obliged to provide additional nancial support andconstantly monitor the artists to ensure they didnt abscond during their stay.Lacking the necessary certicate o sponsorship, Landis and his amily were

detained and deported rom Londons Heathrow Airport on a US-bound planeshortly ater they arrived.

Statement rom MP Landis: Ater my treatment resulting in my deportment romthe UK I have little desire to ever return.2

tenzinG riGdol, tibet, viSual artiStTenzing Rigdol had his rst European solo show at the commercial Mayairgallery Rossi & Rossi, which opened on 11 February 2009. TenzingRigdol was born in 1982 in Kathmandu and studied art and art history atthe University o Colorado, USA. He has extensively studied Tibetan sand

painting, butter sculpture and Buddhist philosophy in Kathmandu, Nepal,gained a degree in Tibetan traditional thangka painting and is a publishedpoet. In 2002, he and his amily were granted political asylum in the USAand they now live in the Bronx, New York City. He applied or a visa to attendhis exhibition, which he was not being paid or and the gallery conrmedthat he would be hosted as a guest or the period o his short stay. He wasreused a visa by UKBA, stating the ollowing reasons:

You have never previously visited UK and have now applied or entryclearance as a business visitor or a period o 1 month. In support o this

application you have submitted a letter o support rom Rossi & Rossi,which states that you will be travelling to the UK or the installation andopening night o your solo art exhibition at The Rossi & Rossi Gallery inLondon. However, I note that the letter does not speciy your exact proposed


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3 Testimony submitted to Visiting

Artists Campaign


activities and whether it would constitute employment. In light o this, I cannotbe satised that you do not intend to take employment in the UK which doesnot require a work permit issued by Work Permits UK. Moreover, I am notsatised that you do not intend to produce goods or provide services withinthe UK, including the selling o goods or services direct to members o thepublic or that you are genuinely seeking entry as a visitor or a limited period

as stated, not exceeding 6 months.

You have stated you are currently a sel-employed artist, however you haveprovided no evidence to support this claim. Whilst I accept that the letterprovided rom Rossi & Rossi states that they will be responsible or yourexpenses while in the UK, no evidence o their available unds have beenprovided to show their ability to do so. In addition, you have chosen not tosubmit any evidence that you have the unds available to support yourselwhilst in the UK, and you have not supplied any evidence o your UKsponsors nancial outlay. Consequently, I am not satised that you willmaintain and accommodate yoursel without recourse to public unds orby taking employment or that you will be maintained and accommodatedadequately by relatives or riends or that you can meet the cost o your returnor onward journey.

On the evidence available to me, I am not satised that the activities youpropose to undertake in the UK are permitted as a visitor. I thereore reuse

your application.3

anirban mitra, india, viSual artiStIndian artist Anirban Mitra was reused a visa or a summer residency

opportunity at Glenddich Distillery, ater waiting or our months ora decision, at great expense.

Statement rom Anirban Mitra: This system will stop cultural exchangeprogrammes.4

wiwik S wulandari, indoneSia, artiStWiwik S Wulandari was invited to undertake a three-month residency atBlackburn Museum and Art Gallery (BMAG) as part o plAAy, their 2 yearContemporary Asian Art Programme. The residency was due to run rom mid-

January March 2009 and the initial invitation was issued in August 2008.

In the period between Aug Nov 2008, Ms Wulandari attempted to applyor an Artist Visa rom the British Embassy in Indonesia, however time atertime they issued her with the incorrect application orm, rst or an entertainersvisa, then actors visa etc. When they nally came to place her in the correctcategory as a visual artist the new laws had come into eect. Due to thelack o time by that point or BMAG to register as a sponsor and be able toissue a certicate o sponsorship the museum had no choice but to cancelher residency. Subsequently, due to the cost o the partial reund on alreadybooked fights or Ms Wulandari and now the unoreseen costs o sponsorregistration and sponsorship ees, BMAG have had no choice but to cancel

Ms Wulandaris residency indenitely. BMAG have or many years workedpreviously with international artists rom across the Asia Diaspora (includingIndonesia) and all artists in the past were able to undertake residencies withan easily obtained Artist Visa. As well as this residency the rest o plAAy


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5 Testimony, Amy Cham,

Blackburn

6 Testimony submitted to Visiting

Artists Campaign

programme will certainly be impacted, with residencies and an exhibitionplanned with artists rom Japan, China and Thailand among many others.5

huanG xu, China, viSual artiStHuang Xu was reused a visa to attend his exhibition at Londons OctoberGallery.

Statement rom the artist and his translator: An Artist rom Beijing and histranslator were both reused a visa to attend the artists private view at TheOctober Gallery which opened in February 2009.

Since all the visa applications in Beijing must be submitted through VisaApplication Center (VAC) not British Embassy, the ocer at VAC couldntadvise us what type o visa we should apply. So based on our previousexperiences, we chose to apply or a visa as business visitors rom a rangeo General visitor, Family visitor, Business visitor, Student visitor, Academicvisitor, Marriage visitor, Medical treatment visitor, Visitor in transit, Sportsvisitor and Entertainer visitor.

The artist and I both have very good visa records on other countries, and havenever been reused by any countries. The artist has been to Canada, Australiaand Spain in recent years. And I even have a valid visa to the US while Iapplied or UK visa this time and have been in UK or more than two yearsrom 200204.

What the reusal letter said was: 'As you will eectively be engagingin business in the UK, I am not satised you are a genuine business visitor.

In a word, they are suspicious that the artist will be selling his works duringhis period in UK. But it is the gallery that sells the works to the public, not theartist. So its not right to say that we will be engaging in business in the UK. 6

nikhil SinGh, South afriCa, illuStratorNikhil Singh was denied entry into the UK ater the Home Oce rejectedhis application or the renewal o his visa. Singh is the illustrator o the newly-launched graphic gothic-antasy novel Salem Brownstone: All Along theWatchtowers which has been receiving rave reviews in the media. He wasadvised that he had been denied leave to remain in the UK because he didnot qualiy or a highly skilled migrant visa due to lack o education.

Statement rom Nikhil Singh: I lodged an appeal or my Tier One visa.When that was reused I attempted to obtain a short-term holiday visa so thatI could attend my book launch and then return to South Arica to put togetherdocuments or a more long-term visa. The problem is compounded by theImmigration Oce wanting only original documents. This was not helpedby the act that they managed to lose all my original documents rom myprevious appeal documents which included my original publishing contract,which to date has not been returned. When the short-term visa was reused,my girlriend discovered that I was eligible or a common-law unmarried

partnership visa, which necessitates living together or a period o two years.We gathered together evidence but this visa was reused because the monthswe have been separated due to my previous reusals mean that we have notspent the last two years together. I am planning a possible reapplication or


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7

Interview with CaribbeanBook Blog

8 Email to Maniesto Club,

6 March 2010


this visa with more detailed evidence, but all these applications are extremelycostly and I shall have to weigh the practicalities careully.7

Update statement rom Nikhil Singh, 6 March 2010: I am still unable to enterthe UK and have taken a break rom reapplying to reconsider my optionsas the constant reapplication and potential lawyers ees might become too

expensive or me. I have secured a 90 day Shengen visa recently and will betravelling to Europe so that I can be closer to my girlriend. I had no problemwhatsoever obtaining a Shengen visa and hope to travel to the US later in the

year to attend the American launch o my book.8

Statement rom Simon Davis, CEO: How its possible that a published author/illustrator cannot attend their own book launch, even when they are publishedby a British publisher and have had reams o support is beyond belie. It justgoes to show how ar removed rom reality government policy is.9

PoShya kakl, iraQ, artiStLondon based Visiting Arts in partnership with London based The DelnaFoundation initiated and launched a scheme called Artist-to-Artist International2009. The 2009 scheme has a specic geographic ocus by inviting artistsrom across the Middle East and North Arica. The programme provides anopportunity to bring together artists to initiate dialogues across internationalborders, enabling pairs o artists to enter into new working relationships onan open-ended and inormal basis. Proessional, practising UK-based artistsapplied to invite an artist o their choice rom the Middle East and North Aricato visit them in the UK or one week.

The selected overseas artist would have spent a week with the UK artists rom2329th March 2009 to visit their studio, meet contacts, network and discussideas. Artsadmin Artist Anne Bean was one o the British artists selected or thescheme and she invited Poshya Kakl, a young 19-year-old emale Kurdish-Iraqiartist.

The Iraqi artist was reused a visa one week beore she was due to be inthe UK or the ollowing reasons: You state that you are a student and areunemployed. You have no assets or nancial dependents. You have statedin your application orm that you do not receive any income rom amilyor riends. You have ailed to provide any evidence o your personal nancial

circumstances here in Beirut or Iraq, your home address. Given the above Iam not satised that you have demonstrated sucient ties to Beirut or Iraq.This means I am not satised that your intentions are as stated and thereoreI am not satised that you are genuinely seeking entry as a business visitorand that you intend to leave the UK at the end o your visit as required.

The Iraqi artist had to travel nearly 900km to Beirut with her ather to get herBiometric ID, and to submit her application in person, and had to stay in Beirutor over 3 weeks to await a decision regarding her visa application, at heramilys own personal expense.


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10 Reporting rom BBC South

Asia, 29 July 2009


muSiC

mekaal haSan, PakiStan, roCk muSiCianMekaal Hasan was orced to cancel his trip to the UK, ater a month-long waitor a visa. The costly visa application ees were non-reundable, and he wasunable to get a reund on his air ticket. Once you submit your papers and

passport, along with the visa ee - which is by the way non-reundable andridiculously priced - theres normally a 15-working day period ater which

you are called back to pick up your passport and your visa which you mayor may not get. Mr Hasan said that while his visit to London was primarilyto catch up with riends he was also due to hold talks with the Institute oContemporary Music Perormance in London. I hope to chalk out plans or aproposed tour in 2010 where my music and band would have eatured at theInternational Guitar Festival due to be held at the Royal Albert Hall. But nowall that has been thrown into doubt.10

Gabriel teodroS, uSa, hiP-hoP artiStStatement rom Gabriel Teodros: I was invited to the UK by a university toperorm and participate in an academic conerence, and was detained oreight hours at London-Heathrow beore being sent back to the States, orreasons that were unclear. This has personally cost me thousands, ruinedmonths o plans, and your own border agents could not even answer questionsregarding your laws. I may tour the entire world but will never fy back intoLondon. These laws are a wall so many artists & educators can not nd a wayaround, the arts and culture in your country will suer.11

GriGory Sokolov, ruSSia, ClaSSiCal PianiSt

There have been two cancellations o high-prole concerts by Grigory Sokolov,a regular perormer in the UK. His show at the Barbican was cancelledbecause o the necessity or the new biometric visa. For years Sokolov wasable to apply or his visa by proxy, but the new regulations meant he wouldhave had to personally travel rom Verona, where he lives, to Rome, to providengerprints. His replacement show, scheduled or April 2009 at the RoyalFestival Hall also had to be cancelled, ater he lost a year-long battle to agreea mobile visa solution.

alliSon Crowe, Canada, SinGer-SonGwriterAllison Crowe is an up-and-coming roots and soul singer, who has perormed

several times in the UK. The band was about to embark on a month-longEuropean tour o small venues, when they were detained at Gatwick inMay 2009, then deported and told not to re-enter the country. Crowe andher two band mates were ngerprinted and had their passports conscatedshortly ater fying into London. She said they were shut in a room where theywere denied contact with the outside world or six hours and that she wastold she would never perorm in Europe again once her passports had beenstamped by the UK Border Authority as barred rom entry. Neither o thevenues Crowe was scheduled to play knew about the new visa rules. The newlegislation requires the venue to obtain a certicate o sponsorship rom the

Home Oce, which can cost hundreds o pounds. Crowes manager Adriandu Plessis said: Thats no problem or the big mainstream acts but it preventsindependent musicians rom playing smaller gigs its hard enough to nda piano.


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12 Reporting rom Scotsman,

11 August 2009


Recent statement rom Adrian du Plessis: In spite o what she was told by aUK immigration ocer, it is not true that Allison is barred rom Europe, sinceGermany, Austria, France, the Netherlands, etc, have all welcomed her withopen arms. We do not know i she is barred rom the UK. The passport itselhas no words stamped in it. Instead there is a red ink line running acrosswhat should be the stamp or entry into the UK. We do not know what this

means, nor do we know what may be recorded in the UKBA or Home Ocedatabase. The abusive, heavy-handed, treatment experienced last Spring atGatwick has resulted in Allison being discouraged rom returning to perormin the UK. Much as she greatly loves the people and places in the UK, its achoice between going where you are treated decently, or possibly acingmore rough treatment by UK ocials. Its a simple decision.

the PiPe band, PakiStan, PiPe muSiCianSMembers o the Pakistani pipe band due to perorm at the World PipeBand Championships in Glasgow were unable to attend when their visaapplications were rejected. The World Pipe Band Championships at GlasgowGreen is said to be worth an estimated 7 million to the city economy.SNP MSP or Glasgow Anne McLaughlin called on the UK government andBorder Agency to reverse their decision. The Pipe Band are internationalambassadors and Glasgows Pipe Band Championships is an internationalcelebration. This kind o decision gives Scotland a bad name and showsup the shambles within the UK Border Agency.12

marina de ita, mexiCo, muSiCianStatement rom Marina de Ita: Beore being denied, I was treated reallybad, under investigation or around 12 hours, enclosed in a room with people

considered suspicious. We were all just rom Latinoamerica, Arica or Asia.13

theatre/danCe

deniS muruev & tatiana vdoviCheva, evGeny truPoSkiadi &luiza Garieva, akzhol muSSakhanov & ekaterina bortyakova,ruSSia, ClaSSiCal ballet danCerSThe Swansea based classical dance company Ballet Russe was ounded in1998 by dancers principally rom Russia, staying and perorming in the UKor 10 months o the year on a salary, until the points-based system orced

company members to re-apply under tier 2 (skilled workers with a job oerto ll gaps in the UK labour orce) in 2008. Ballet Russe were unable toaord the required ee to become a licensed sponsor, and the dancers,who were all soloists or Principals, were unable to meet the nancial oracademic requirements to stay in the UK. The issues raised by the Home Oceincluded that the company was not paying the dancers the same going rateas London-based ballet dancers. Ballet Russe tried to reason that Swanseais cheaper to live than London, that the dancers package included goodfats and they worked less than 36 hours per week. The dancers also helddegree equivalent qualications, but these were not recognised. Their rigorous

and excellent training in Russia went beyond classical ballet, most o themwere accomplished musicians and spoke other European languages, but thebureaucratic rigidity o the points-based system would make no allowances i they couldnt tick the right boxes, they didnt score the points. The points-


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14 Submitted to the Visiting Artists

Campaign

based system led to the death o the company as they were orced to disband.While on holiday in Russia the dancers were not allowed back to the UK.Swansea is now without a premiere ballet company which took ballet to localaudiences as well as proudly touring across the UK and Europe.

an indian aCtreSS who haS aSked to be anonymouS

The actress applied or a tier 1 visa, having previously perormed in previousUK/International productions. She applied twice or a tier 1 visa and wasrejected on both occasions.

Statement rom the actress: I am totally devastated and angry. Everythingwent ne except they havent considered my earnings rom last year assomething I earned in India and hence have awarded less points. As youmust be aware the money earned is converted into pounds and i it is earnedin India then it gets multiplied by 5.3 which would have put me in top mostbracket, earning maximum points. But luck has it otherwise. So where I shouldhave got 40 I got only 10 and did not gain the points required or the visa! Ihave contacted my advisor in London to look into it. I may apply or a review.But I am losing hope. I do not have the money and energy to go through it onemore time and in any case since the rules have changed recently I do not evenqualiy to re-apply (not having a Masters degree or equivalent). All this year(2009) has gone only in trying to get this visa. What a waste! And again Iam let wondering DAMN! Why should they have so much authority overmy lie?

taiSha PaGGett, uSa, danCer and ChoreoGraPherA member o collective Ultra-red, visiting the UK to participate in a workshop

(legally a business visitor), was advised by another member who had becomeaware o conusing new legislation, not to say she was an artist. She ollowedher ellow members advice, but Immigration became suspicious. Searchingher luggage, they ound a copy o the email with the ellow members adviceprinted out, and deported her rom the UK or deception with no right to returnor ten years.

amelia Cavallo, uSa, theatre PraCtitionerStatement rom Amelia Cavallo: I had recently had been living in Londonand working as an artist or small theatre companies. This changed veryquickly once the changes to the Home Oce regulations went through. I am

currently sitting in limbo in the States waiting or the Home Oce to sort outhow to give me a visa that theyve told me I qualiy or! Along with this, oneo the companies I work or has talked about sponsoring me ater this yearis up. They have looked into it and have started the arduous process o tryingto get a license. They, like many others, are having diculty with it. They area small company, they dont have a lot o money, but they have otensponsored international perormers in the past. They had plans in the uture orartists like mysel and others outside o the EU to come and work or both long-and short-term projects, which are now put into question.14


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15

Statement rom Brian Neve,Senior Lecturer in Politics,

University o Bath, petition

signatory 9487


aCademiCS/writerS

adnan a madani, PakiStan, aCademiCStatement rom Adnan A Madani: I did an MA in Visual Cultures atGoldsmiths in 2006. I decided to do the PhD in the same Department last

year, and was awarded excellent bursaries and the possibility o part-time

teaching. What I thought would be a routine procedure o getting a visa, givenmy career prole, academic record and history o studying in London, becamea nightmare. Ater a long delay, during which I was orced to ask Goldsmithsor extension ater extension, I was reused on the most absurd grounds,including a charge o having submitted orged bank documents. Needlessto say, I have no idea why they would think this and neither does my Bank.

I asked or an ocial review and deerred my place and bursaries till January,sadly having to pass on the teaching positions. The response is supposed to bewithin 28 days; it is now more than 90 days and I have no idea what they aredoing with my case.

I dont understand how peoples reputations and careers can be so easilyharmed by tangled bureaucracy, with no accountability or consequences.At many points I have been tempted to give up entirely, and to simply reuseto have anything to do with the UK anymore; but the decency and supporto colleagues in Britain and elsewhere keeps me hoping that this peculiarsituation does not refect the direction the world will irrevocably take inthe next ew years, and that academics and artists can move around withthe ease and welcome they require to make their work worthwhile.

evGeni tSymbal, ruSSia, bafta-winninG film direCtorEvgeni Tsymbal was denied a visa to visit the UK to give university lectures.

Evgeni Tsymbal was a regular visiting lecturer at Queen Mary, Universityo London or over ve years, has been visiting British universities or brieperiods or a number o years, contributing much or student understandingo culture, lmmaking etc. Im at a lost to explain the denial o work permit.15

dr nhamo mhiriPiri, zimbabwe, aCademiC and writerStatement rom Dr Nhamo Mhiripiri: This year I was personally a victim othe visa system when Oxord University invited me to a conerence where they

were paying or my accommodation and transport. The poverty o my country(Zimbabwe) was the major reason I was denied a visa.16

Joel Parthemore, uSa, Phd Student (univerSity of SuSSex)Statement rom Joel Parthemore, DPHil in cognitive science and philosophy:Thanks to this wonderul points-based system, and some ocials (mis?)reading o the letter I provided rom my US-based student loan company,I cant re-enter the country at the moment to submit and deend the doctoralthesis Ive been working on or our-and-a-hal years now. Im stuck inSweden (where Ive been writing up my thesis) till I get this sorted out. Ive

been told by my university and by the UK Border Agency not to try enteringthe country even on a short-term basis until this is resolved. The latest is thatIve been waiting a ull our weeks now or a response to my request or anadministrative review, just to try to nd out why my visa extension request


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17 Posted on Maniesto Club

acebook page, 6 March 2010

18 Press release, Ledbury poetry

estival, 9 July 2009

got rejected in the rst place. (The rejection notice said only that I had ailedto present a letter rom my student loan agency meeting all the necessarypoints, but Im equally clear that the letter did. Were they unhappy with howthe letter was ormatted? Who knows.)17

dorothea roSa herliany, indoneSia, Poet

One o the most important poets writing in Indonesia today was due to appearat Ledbury Poetry Festival on Saturday 4 July. Herliany has published eightvolumes o poetry. Many o her poems are personal, with a decidedly eministedge. Others have grown out o the rapid political and social changes thatIndonesia has undergone during the last ve years. Borders ocials reusedher entry into the country based on the ollowing: You have provided aninvitation to participate in the Ledbury Poetry Festival in the UK, however

you have ailed to provide any documents showing the unds available toyou or demonstrating your current circumstances in Germany. I note that youonly arrived in Germany in April 09, and have limited leave to remain until30/07/09. I am thereore not satised on the balance o probabilities that

you are genuine visitor, that you intend to leave the UK at the end o yourvisit, that you do not intend to take employment or produce goods or provideservices, that you can maintain and accommodate yoursel without takingemployment or resources to public unds or that you can pay or your return oronward journey as required by Paragraphs 41 (i), (ii), (iii), iv vi vii o HC 395.I thereore reuse your application.18

mara Goldwyn, uSa, writer/artiStJonathan Kemp, a UK writer/artist curated a six-day project, commencing on15 February 2010 at the grassroots east London space E:vent Gallery, called

exquisite_code, an experimental event involving eight international writersworking eight hours a day or ve days. All the writers lived in Europe or theUK, and the project was innovative enough to be awarded an Arts CouncilEngland (ACE) grant. However, Berlin based writer Mara Goldwyn happenedto be a US national and did not have a licensed sponsor or a tier 5 certicateo sponsorship.

Jonathan emailed Manick Govinda on 12 February 2010 at 01:00hrs: 'have a guest artist/writer at Gatwick now (1am Friday morning) reusedentrance or a one-week collaborative writing project starting on Monday shell be sent back at 6am to Berlin where she lives. The project received

5k rom the Arts Council England but no advice was given re: non-EUartists and I was unaware. Is there a way you know o to ast track the Tier5 certicate o sponsorship requirement or her entry via the Arts CouncilEngland as sponsor? Or anyone there I should talk to there in particular?'

Jonathan contacted Arts Council England who reerred him contact the BritishCouncil in Wales who would be best placed to advise, but unortunately hewas unable to get through.

Statement rom Mara Goldwyn: I was put on a plane back to Berlin

but only ater having been held in a windowless holding room at Gatwick,separated rom my documents and belongings or seven hours. I commented tothe guards who escorted me through the airport to the plane that I had neverbeen deported beore. They said that I wasnt being deported, that


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I was just denied entry, otherwise I would have been in handcus I had noidea about the regulations or the situation. (I was) caught unawares in a ratherabsurd, Orwellian situation. Im simply what you might call an emergingartist participating in a small, collective, experimental project. This illustrateshow especially detrimental the regulations are or grassroots endeavours oa collaborative, exploratory nature.

dmitry vilenSky, ruSSia, artiSt and aCademiCDmitry Vilensky was invited by The Showroom Gallery and Aterall Journal inLondon to give a seminar on his work on 17 January 2009. The gallery wasorced to cancel the seminar when Vilenskys visa application was rejected,on the grounds that he was not allowed to be paid a ee or participatingin the seminar. A urther appeal, with the proviso that he was not to be paid,was also rejected. Vilensky had never aced such restrictions on his manyproessional visits to other European countries.

david zinder, iSrael, ProfeSSor emeri tuS in theatre artSat tel aviv univerSityFor a number o years I have been a regular visiting teacher at the dramadepartment o Exeter University, and until two years ago my course hadbecome a regular part o the curriculum a two week intensive workshopor which the students were graded by me.

Last year I was invited to come in March to do my scheduled course and as aresult o the strictures o the new UK Border Agency regulations I had to cancelmy visit and my course, causing havoc to the years curriculum. The reason Icouldnt get to the UK was because I had to ll out reams o questions, provide

notarised, ully translated documentation o my bank statements rom threemonths prior to my entry into the UK, as well as ully translated, notarisedcopies o three months o my pension slips. Even i I had managed to completeall o that, and pass the scrutiny o Consulate ocials, then this material plusmy actual passport not a photocopy were to be sent to Istanbul, which isapparently the Middle East visa centre and then it was supposed to take,according to the UK Consulate in Israel, anywhere between two weeks to twomonths to get the visa i all went well. No explanation was provided aboutwhat I would do i I needed my passport during that time (except ora Consulate ocial who told me that in that case I should go to Istanbul to tryand expedite the matter not realising that without a passport I could not get

to Istanbul!).

Since indeed I was in need o my passport or proessional and personalneeds and could not relinquish it or two weeks to two months, I had no choicebut to cancel my trip.

This year I was invited again, and despite a tight schedule o trips prior tomy trip to Exeter I thought it might be possible. I was pleased to hear romExeter that in act I dont require a visa but that I do need to get a Certicateo Sponsorship rom Exeter which requires a letter rom an A-rated sponsor

conrming that they will maintain and accommodate me or the time I willbe there. This requirement threw the university into a tailspin because bureaucracy being what it is they are an A-rated sponsor but cannot issuea letter conrming that they will maintain and accommodate me unless they


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19 Reported in Guardian

interview, 8 April 200920 Statement rom Margaret

Obank, Publisher, Banipal

magazine and Banipal Books,

petition signatory 6534

give me a loan which they cannot do because I am not staying long enough(ten days) in the UK or them to give me a loan. This is bureaucratic absurdityraised to the level o art!

I am being paid by the university or my trip, my accommodations and a ee,all o which is more than what the UK Border Agency requires me to prove

that I have in my account or the three months prior to my arrival, and yet theycant get it together to provide me with the letter.

What I am now required to do, apparently, is arrive in the UK with some sorto documentation o my bank balance and my salaries, etc. and show them onentry to the UK. I can only assume that the complexities o these arrangementsare such that the passport control people will have no idea what I am talkingabout and ask me to turn around and return to Israel.

rvrien ruranGwa, rwanda, writerRvrien Rurangwa was unable to attend the UK launch o his book,Genocide: Rvrien was due in London last week or the launch o the Englishtranslation o his book, but an application to travel ailed. So weare in Geneva, the home o the UN that once betrayed Rvriens countryso badly.19

haSSan naJmi and ouidad benmouSSa, moroCCo, PoetSI invited both Hassan Najmi and Ouidad Benmoussa 1014 July 2009 orevents at the Ledbury Poetry Festival and the London Review Bookshop. Theyboth had ocial letters o invitation rom Banipal, all expenses covered. Weinvited Hassan Najmi to the UK some years ago or readings, no problem.

The new visa questions & requirements are outrageous, insultingand humiliating or all.20


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Appendix: Petition Against the Points-based System

The UK Home Oce has introduced new bureaucratic procedures ororganisations that wish to invite non-EU artists and academics to the UK.As proessionals committed to the principles o internationalism and culturalexchange, we are dismayed by these new regulations - which will curb our

invitations to non-EU artists and academics to visit the UK or talks, artistresidencies, conerences and temporary exhibitions.

The system is costly to both the host organisation and to the visitor, and hasalready meant a number o cancelled exhibitions and concerts. All non-EUvisitors now must apply or a visa in person, and supply biometric data,electronic ngerprint scans and a digital photograph. The Home Oce's158-page guideline document also outlines new controls over visitors' day-to-day activity: visitors must show that they have at least 800 pounds opersonal savings, which have been held or at least three months prior to thedate o their application; the host organisation must keep copies o the visitor'spassport and their UK Biometric Card, and a history o their contact details;and i the visitor does not turn up to their studio or place o work, or theirwhereabouts is unknown, the organisation is legally obliged to inorm theUK Border Agency.


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About the authors

Josie Appleton is convenor o the ManiestoClub. She oversees the clubs campaigns onissues ranging rom vetting to booze bans;edits and produces the clubs reports; andwrites about reedom issues o the day ora variety o publications.

Valerie Hartwich is a French-German writerand translator based in London. She isauthor o the Maniesto Club report, FortressAcademy The Points-Based Visa Systemand the Policing o International Studentsand Academics.www.maniestoclub.com/ortressacademy

Manick Govinda is head o artists advisoryservices at Artsadmin. He coordinates the

Maniesto Club Visiting Artists Campaign, andis co-author (with Josie Appleton) o the report,UK Arts and Culture Cancelled, by order othe Home Ofce.www.maniestoclub.com/cancelledartsreport


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Deported Report

Documents

Transcript of Deported Report