Student visa refused, can there be ban or other implications

Mike30 · Post by **Mike30** » Fri Aug 26, 2011 8:22 pm

Hello

I have a question. Thank you very much for your help!

I was refused student visa. The reason of refusal - I tried to get visa for me and my girlfriend. I wrote in the form that she is my partner and I know her for more than 2 years, which is the requirement for her to accompany me. I was planning to study on Postgraduate degree. But they refused because I already was in UK one year ago on English language courses and at the time when I applied for visa I put in the application for that I am Single. Now they checked my file and said I gave them wrong information about my relations with my girlfriend because I told them one year ago that I was single.

They did not ask me anything before refusal. Just refused.

I will probably not go this year to study to UK then.

I have two questions:

1) I wonder can it affect my future visa applications. I also heard that there is a ban of 10 years for providing false information. Could I be banned now for 10 years?

2) When I apply in the future for visas, will I have to explain that I was refused visa to UK once and will it affect my chances of getting visa to UK and other countries, like Canada or EU?

I did not want to lie anybody I just did not think this information is important. This is my real girlfriend. Now I am worried, will it be treated as some serious offense by Home Office?

Thank you!

Lucapooka · Post by **Lucapooka** » Fri Aug 26, 2011 8:28 pm

If you did make a false declaration for an unmarried partner then that is serious and, indeed, you could face a lengthy ban on further visa applications that are not in a settlement category, but I don't think anyone could comment in a more meaningful way without seeing the precise wording of the refusal. Normally you are told of your situation and any likely bans in the refusal notice Are you able to scan it and post it, or simply type out the exact terms used.

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 12:16 pm

Thank you, Lucapooka.

Here are the exact terms used:

Under paragr 320(7a) of the Immigration Rules a person must automatically be refused entry clearance if false representations or documents are used (whether or not material to the application and whether or not to the applicants knowledge) or material facts are not disclosed in relation to the application. A false representation for these purposees is a lie, or a false statement in a visa application, made either or in writing.
Your partner has submitted an application to accompany you to the UK as your dependent. Under PBS rules, unmarried partners are required to be living together in a marriage/civil partnership like relationship for at least 2 years. I note that you have been studying in the UK since September 2010 and that you and your partner cannot have been living together during this time as required by the rules. In support of your application you and your partner have submitted a letter stating that you have been in relationship for three and a half years and that you previously lived together. However in your previous applications you state your marital status as single. The discrepancies in the answers you have given in this and that this false representations have been made and am refusing your application under Paragraph 320 7(a) of the Immigration Rules.
You should note that because this application for entry clearance has been refused under paragraph 320 (7A) of the Immigration Rules, any future applications may also be refused under parag 320(7B) of the Immig Rules, (subject to the requirements set out in paragr 320(7C)). A refusal under paragr 320 (7B) of the Immmigr 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.

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 12:28 pm

I think you might have a shot with this. For the first application, saying you were single when you were in a relationship but not married is usual, so you would not necessarily have been obliged to describe this as an unmarried partnership in your previous application. It was, in my opinion, a truthful statement. For the subsequent application, you have since been in this relationship for more than two years and may justifiably refer to this as an unmarried partnership for immigration purposes. The fact that it does not qualify as an unmarried partnership is not really the point. You assumed that it might qualify and applied in good faith on that basis.

I can't see how you have made any false declarations and I would suggest that you seek professional advice on how to get this situation overturned in an administrative review. Further evidence is permitted for an AR that was refused under paragraph(s) 320.

You may not submit any new or further information/documents in support of your request for Administrative Review, unless you were refused entry clearance under paragraphs 320(7A) or 320(7B), and they relate to that.[/quote]

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 12:35 pm

Thank you.

The problem is that administrative review in my country will take about 2 months on average. And my course starts in 2 weeks, so I don't want to go to this course this year.

But what I am worried is what will happen if I don't do administrative review, which I don't need for visa (since I will be too late for the course this year anyway). But maybe I have to do it now in order not be refused visas in the future?

So if I don't do admin. review, does it mean that I am banned for 10 years or will it make my future visa application to UK and other countries more difficult? Because they ask in all visa applications if I was refused visas before and explain why.

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 12:39 pm

You have to challenge this decision otherwise you will be banned for 10 years. ARs are supposed to take 28 days but given the nature of the refusal it may drag on but I don't see that you have a choice. You can try a new application with a detailed explanation of the events as you view them (and legal assistance will help greatly in this) and perhaps this may work also. Good luck!

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 12:50 pm

Oh my god, really? Lucapooka, thank you. But these are quite bad news for me. Sorry, may I ask you, are you solicitor? You can't mistake on this one?

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 1:02 pm

I'm not a solicitor. If you do seek professional advice then I suggest that you only use a firm that is regulated by a relevant UK authority. That means do not use a firm that is based outside the UK unless they have offices in the UK and are regulated by the UK. I don't know if this forum permits posters to make recommendations of legal firms so I will avoid suggesting one at this time. Can anyone can clarify this?

Yes, this serious and unless you act on this now you will not be able to enter the UK for 10 years. This condition would not apply to settlement applications or child access but that is of no use to you right now. Obviously if you don't want to come to the UK again you can ignore this

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 1:05 pm

Thank you. And will it also make my visa applications refused to countries who are friends with UK, like Canada, Australia, USA? Because I was thinking maybe to go to Canada or Australia next year.

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 1:10 pm

It may (I can't comment with certainty) affect those other applications if the immigration rules of those countries have refusal clauses based on previous refusals in other territories.

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 1:51 pm

Thank you, Lucapooka. It was very helpful. I wish you all the best too.

If someone wants to confirm what Lucapooka said, you are welcome. I trust Lukapooka, but if someone confirms it then I would just have peace of mind that this is 100% accurate. I do not mean to undermine Lukapooka's expertise, it's just quite important for me and before I make decision, I would prefer if I could see someone's confirmation that this what my situation now.

Thanks again Lukapooka. You are very kind and helpful. You also replied very quickly, which was also very nice of you.

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 4:11 pm

And I also wanted to ask. If I don't use solicitor but try to do administrative review on my own, what chances of success would you give me? (Like 10% or 20% or 50%) ? If you could give me percentage, it would be nice. I know you can't be certain with this but just roughly, your estimate of success without using qualified solicitor but doing it on my own. Thank you!

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 4:21 pm

It's hard to know how eloquent and precise you can be at addressing the reason for the refusal. A trained professional would be able to write in terms that the ECO would understand and be able to cite rules and perhaps case law in support of the argument.

However, if you think you can do this for yourself in a way that will make sense then there is really no need to get assistance.

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 4:30 pm

It looks like my chances with solicitor are not very good as well? I think my chances are quite low because they have evidence, I myself confirmed to them that I am single 1 year ago and now I wrote letter that I live with girlfriend for 3 years. With Conservatives in power, I think they would refuse it anyway, they would say that I myself sent them contradictory information.

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 6:18 pm

Mike30 wrote:It looks like my chances with solicitor are not very good as well? I think my chances are quite low because they have evidence, I myself confirmed to them that I am single 1 year ago

I tend to disagree. Most people who are not married describe themselves as single and though in a relationship, you had no reason to think of yourself as otherwise when you applied for your first visa. Indeed, to call yourself an unmarried partner at that time would have perhaps been incorrect and that would have been the false declaration rather than the one that your gave for this most recent application. I find that part of this situation quite ironic! Only recently have you discovered that an unmarried partner could be someone who has lived akin to marriage for a period of two years, and so, assuming that your situation now possibly matches those conditions, you decided to use that definition when you applied for your new visa. It was an innocent mistake and I suggest that a well presented case might be able to rectify this mess (the ban at least).

Mike30 · Post by **Mike30** » Sat Aug 27, 2011 9:56 pm

Ok. Thank you. And if I don't do AR now, will I be able to apply for visa next year and explain it then? I mean does it make any difference because you mentioned I can simply do new application instead of AR. So I don't need to go now, if I decide to go to UK in the future, can I just explain it when I will try to get new visa next time?

Lucapooka · Post by **Lucapooka** » Sat Aug 27, 2011 10:43 pm

Even if you don't want to go to the UK now, I think you should act now otherwise you will not be able to apply for a visa in the next 10 years without that application being refused. The AR is free of charge and if your visa is allowed (your partner's won't be as it's not a valid application) you may then choose not to use it, but at least you will have the threat of a 10 year ban lifted on any future applications.

Mike30 · Post by **Mike30** » Sun Aug 28, 2011 12:09 am

Thank you.

Samsam17 · Post by **Samsam17** » Thu Jul 16, 2015 9:30 am

Can anyone help has my brother in law been banned or not here is the refusal letter his visit visa was refused under v3.6 and all it said was future applications May be refused under v3.7 but it was refused on v3.6 not any other rule

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Student visa refused, can there be ban or other implications

Student visa refused, can there be ban or other implications

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