Help! Automatic refusal for upto 10 years

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Help! Automatic refusal for upto 10 years

Postby HB18 » Fri Feb 17, 2017 12:29 pm

Hello,

I applied for a UK visit visa for my mother in January (from Dubai). It got rejected due to reasons such as "I am not sure if she will come back" and so I applied again. My sister lives in UK and she is about to have a baby in March. The second time I applied, I accidentally chose 'no' to "Have you ever been rejected a visa?"
Now I know that this is a very big mistake, however, I did not do it on purpose. I know that you can't hide anything from immigration center. I know that this was wrong. However, I didn't realize my mistake until a refusal came back.
They replied saying: "these false representations are not an innocent mistake" and wrote a warning in the end that states:
"You should note that because this application for entry clearance has been refused under paragraph V 3.6 (a) or (b) of the Immigration rules, any future applications may also be refused under paragraph V 3.7 (a) or (b) of the Immigration rules.
A refusal under paragraph V 3.7 (a) or (b) of the immigration rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or submission of falsified documents or information was employed."
Please, tell me how to solve this problem now because the two statements are indicating that if I apply again they will make an automatic refusal under paragraph V 3.7.
I know if I tell them it was an honest mistake, they would not believe me. And why would I purposely say 'no'? I am very desperate because I have been told it can only be resolved by a lawyer. There is no appeal or any other option. Do let me know what should be done in order to get out of this mess? Additional information: we hold a Pakistani Passport.
And please don't tell me that I shouldn't have done that because I am already having a nervous breakdown since it was not on purpose!
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Re: Help! Automatic refusal for upto 10 years

Postby Obie » Fri Feb 17, 2017 2:39 pm

What is your status in the UK? Why were you not granted a right of appeal, you clearly raised human right grounds.

The option of Admin Review does exist.
You haven't lived today successfully, unless you've done something for someone who can never repay you.'
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Re: Help! Automatic refusal for upto 10 years

Postby HB18 » Fri Feb 17, 2017 4:42 pm

Obie wrote:What is your status in the UK? Why were you not granted a right of appeal, you clearly raised human right grounds.

The option of Admin Review does exist.


Hey, I live in Dubai with my mom and dad. It was stated in the first rejection letter that there is no right of appeal. I searched the internet and apparently they do not give right of appeal to Pakistanis. However, my sister's husband is a British citizen who took the sponsorship undertaking and invitation letter.
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Re: Help! Automatic refusal for upto 10 years

Postby Route to ILR » Fri Feb 17, 2017 5:23 pm

HB18 wrote:
Obie wrote:What is your status in the UK? Why were you not granted a right of appeal, you clearly raised human right grounds.

The option of Admin Review does exist.


Hey, I live in Dubai with my mom and dad. It was stated in the first rejection letter that there is no right of appeal. I searched the internet and apparently they do not give right of appeal to Pakistanis. However, my sister's husband is a British citizen who took the sponsorship undertaking and invitation letter.


My advise is dont waste your time, money and effort on this matter. U tried to deceive British High Commission and they r very strict about this.

Appeal rights are abolished for everyone who apply visit visa to come to the UK not only for Pakistanis.

u can file a JR (judicial Review) which will cost u a lot of money and time. And i don't think u will get any relief from court as deception is a serious matter.
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Re: Help! Automatic refusal for upto 10 years

Postby Wanderer » Fri Feb 17, 2017 5:32 pm

Route to ILR wrote:
HB18 wrote:
Obie wrote:What is your status in the UK? Why were you not granted a right of appeal, you clearly raised human right grounds.

The option of Admin Review does exist.


Hey, I live in Dubai with my mom and dad. It was stated in the first rejection letter that there is no right of appeal. I searched the internet and apparently they do not give right of appeal to Pakistanis. However, my sister's husband is a British citizen who took the sponsorship undertaking and invitation letter.


My advise is dont waste your time, money and effort on this matter. U tried to deceive British High Commission and they r very strict about this.

Appeal rights are abolished for everyone who apply visit visa to come to the UK not only for Pakistanis.

u can file a JR (judicial Review) which will cost u a lot of money and time. And i don't think u will get any relief from court as deception is a serious matter.


+1

You have no defence, you are obligated to fill in the form honestly, correctly and accurately, and if that means double-checking and triple-checking, thats what you should do. I do it with everything I fill in.

Why didn't you check it before sending it?

No human rights issue here, dunno where the came from.....
All IMHO....
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Re: Help! Automatic refusal for upto 10 years

Postby HB18 » Fri Feb 17, 2017 5:45 pm

Route to ILR wrote:
HB18 wrote:
Obie wrote:What is your status in the UK? Why were you not granted a right of appeal, you clearly raised human right grounds.

The option of Admin Review does exist.


Hey, I live in Dubai with my mom and dad. It was stated in the first rejection letter that there is no right of appeal. I searched the internet and apparently they do not give right of appeal to Pakistanis. However, my sister's husband is a British citizen who took the sponsorship undertaking and invitation letter.


My advise is dont waste your time, money and effort on this matter. U tried to deceive British High Commission and they r very strict about this.

Appeal rights are abolished for everyone who apply visit visa to come to the UK not only for Pakistanis.

u can file a JR (judicial Review) which will cost u a lot of money and time. And i don't think u will get any relief from court as deception is a serious matter.


So, basically wait until 2027 to apply again?
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Re: Help! Automatic refusal for upto 10 years

Postby HB18 » Fri Feb 17, 2017 5:50 pm

Hey, I live in Dubai with my mom and dad. It was stated in the first rejection letter that there is no right of appeal. I searched the internet and apparently they do not give right of appeal to Pakistanis. However, my sister's husband is a British citizen who took the sponsorship undertaking and invitation letter.


My advise is dont waste your time, money and effort on this matter. U tried to deceive British High Commission and they r very strict about this.

Appeal rights are abolished for everyone who apply visit visa to come to the UK not only for Pakistanis.

u can file a JR (judicial Review) which will cost u a lot of money and time. And i don't think u will get any relief from court as deception is a serious matter.


+1

You have no defence, you are obligated to fill in the form honestly, correctly and accurately, and if that means double-checking and triple-checking, thats what you should do. I do it with everything I fill in.

Why didn't you check it before sending it?

No human rights issue here, dunno where the came from.....


I checked again and again. It was not my application but it was my mother's. I have family overseas and trust me I know that you can't lie and not expect them to know. So, like I said before, I am having a nervous break down only because my mistake affected my mom's visa.
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Re: Help! Automatic refusal for upto 10 years

Postby Obie » Fri Feb 17, 2017 7:22 pm

Human right may be engaged in visitors application
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Re: Help! Automatic refusal for upto 10 years

Postby Frontier Mole » Fri Feb 17, 2017 11:58 pm

What human right would you suggest could be implied or expressed in this case?
Struggling to see any.
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Re: Help! Automatic refusal for upto 10 years

Postby vinny » Sat Feb 18, 2017 12:32 am

Probably difficult. Unless if you can convince them that you made an innocent error when filling in the form.
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Re: Help! Automatic refusal for upto 10 years

Postby Obie » Sat Feb 18, 2017 12:41 am

Human right cannot be invoked in challenging the refusal itself. Do that is not the lens from which it should be viewed.

Human right apply in circumstances were notwithstanding the fact that the requirements are unmet or may not be met, it is nevertheless disproportionate to refuse entry clearance.
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Re: Help! Automatic refusal for upto 10 years

Postby HB18 » Sat Feb 18, 2017 7:59 pm

Obie wrote:Human right cannot be invoked in challenging the refusal itself. Do that is not the lens from which it should be viewed.

Human right apply in circumstances were notwithstanding the fact that the requirements are unmet or may not be met, it is nevertheless disproportionate to refuse entry clearance.


I am not sure I understand what you said ... could you explain it?
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Re: Help! Automatic refusal for upto 10 years

Postby Frontier Mole » Sun Feb 19, 2017 3:08 am

In essence the route that is being suggested that you consider is that you claim that in denying the visit visa it is an infringement of the individuals Human Rights. So you have to make a case in law to substantiate the claim and apply under Human Rights.

It is a sledgehammer to cracking a nut approach in my personal opinion. It is highly unlikely to succeed and will drain your funds quickly as it is very likely to be refused and then you would have to appeal to have it heard etc.

I suggest you seek proper legal advice as to the best approach going forward as the options are limited and are not easily resolved.
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Re: Help! Automatic refusal for upto 10 years

Postby Wanderer » Sun Feb 19, 2017 7:01 am

Frontier Mole wrote:In essence the route that is being suggested that you consider is that you claim that in denying the visit visa it is an infringement of the individuals Human Rights. So you have to make a case in law to substantiate the claim and apply under Human Rights.

It is a sledgehammer to cracking a nut approach in my personal opinion. It is highly unlikely to succeed and will drain your funds quickly as it is very likely to be refused and then you would have to appeal to have it heard etc.

I suggest you seek proper legal advice as to the best approach going forward as the options are limited and are not easily resolved.


Also would open the door to folks deliberately attempting to deceive the UKVI on the form and then pleading Human Rights with impunity afterwards saying 'it's not my fault, made a mistake, I'll fill it in it honestly this time, promise'.

The applicant has to bear the responsibility, it's not rocket science filling a form in honestly and accurately.
All IMHO....
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