Deception in Tier 2 general application

Dear All,

I came to Uk in 2012, in student visa with my husband and child . In 2014 Sept Just before expiring my student visa I applied for Tier 2 general visa. I got the COS from an IT company and in two weeks time we have done with all bio metrics.
Later one month the solicitor who gave the COS called me and said that the COS given was a fake one.(I paid money for the work permit)
So in Nov 2014, I had withdrawn my application. I have not received any response for my withdrawal application, but got a letter to leave the country asap, which means they rejected my application. I contacted the home office and informed abt the withdrawal fortunately they have given me an option for appeal against my refusal.
So my appeal hearing is due next month, could you please some one advice me how to get ready for an appeal hearing? What will be a chance of winning the case?
I was a victim of the work permit scam and as soon as I knew that the COS was fake , the application was withdrawn. But in the refusal letter the word Deception is marked.
Please advice.
Many Thanks

To avoid any confusion, the forum word censor auto changes 'f a k e' to bad qualify.

Casa wrote:To avoid any confusion, the forum word censor auto changes 'f a k e' to bad qualify.

Oh thank you!!!

What do you hope to achieve in the appeal? The HO will be unable to grant you a Tier 2 visa due to the fraudulent COS. Are you appealing to have the deception removed from your immigration record?

Casa wrote:What do you hope to achieve in the appeal? The HO will be unable to grant you a Tier 2 visa due to the fraudulent COS. Are you appealing to have the deception removed from your immigration record?

Thank you Casa..

Yes , I just wanted to get the deception removed. The company I work currently is ready to sponsor me, but as deception is marked on my status they are unable to do it.

Sponsorship by a current employer raises other issues. You would have to prove that the correct RLMT has been followed and that you haven't been pre-selected for the role. This will be incredibly difficult if you are already employed by the company.

How are you legally entitled to work if your student visa expired in 2014?

Casa wrote:Sponsorship by a current employer raises other issues. You would have to prove that the correct RLMT has been followed and that you haven't been pre-selected for the role. This will be incredibly difficult if you are already employed by the company.

Is your student visa still valid?

No student visa expired in oct 2014, so before expiring, in Sep 2014, I applied for Tier 2.
I am not there in the co's pay roll now, its a new company in the starting stage.
If not this one will any other company can sponsor me? Is there any chance to get deception removed?

I can't tell you whether you will be able to have the deception removed. It will depend greatly on the evidence you submit to prove that you were an innocent victim of a scam.

Be aware that the HO may want to know how you are supporting yourself and your dependants in the 2 years since your Tier 2 visa was refused. I assume that when you mention that you are not on the company pay roll that you are being paid under the black economy 'cash in hand'

Casa wrote:I can't tell you whether you will be able to have the deception removed. It will depend greatly on the evidence you submit to prove that you were an innocent victim of a scam.

Be aware that the HO may want to know how you are supporting yourself and your dependents in the 2 years since your Tier 2 visa was refused. I assume that when you mention that you are not on the company pay roll that you are being paid under the black economy 'cash in hand'

My husband is working full time as he is in dependent visa,it was not with my salary we were living. I believe we are not illegal in this country until i get decision for appeal?

About the evidence, will the withdrawal request do ? Because i withdrawn it on 3rd Nov as soon as I knew it was a bad quality COS..If my intention was to deceive the HO i wouldnt hv withdrawn my application..

You're fine until you have the appeal decision.

I'm going to be off-line for the night now, but I'm sure that there are others who can give advice if needed.

Casa wrote:You're fine until you have the appeal decision.

I'm going to be off-line for the night now, but I'm sure that there are others who can give advice if needed.

Thank you so much..Relieved a little bit as I get quick responses....Really helpful... Hoping for the best.GD nt

Casa wrote:You're fine until you have the appeal decision.

I'm going to be off-line for the night now, but I'm sure that there are others who can give advice if needed.

I withdrew my application as soon as I knew it was a bad quality COs..So the withdrawal receipt can be an evidence right?

CAN SOME ONE HELP PLEASE..

Casa wrote:I can't tell you whether you will be able to have the deception removed. It will depend greatly on the evidence you submit to prove that you were an innocent victim of a scam.

Noone can speak for how UKVI will review the evidence and what discretion may or may not be applied.
However be aware that any hint of fraudulent (or even frivolous) application is taken very seriously by the authorities. And the applicant is ultimately held responsible for their submissions, not any 3rd party.

Suggest hope for the best but plan for the worst so prepare a Plan B.

You will need a statement from your solicitor confirming that he advised you of the fraudulent COS and you then withdrew your application immediately.

There's no guarantee however that this will be sufficient to remove the deception from your records.

Casa wrote:You will need a statement from your solicitor confirming that he advised you of the fraudulent COS and you then withdrew your application immediately.

There's no guarantee however that this will be sufficient to remove the deception from your records.

Thank you Casa.. I will get the letter from solicitor.

If Anyone else has gone through the same situation
Pls advice me..

noajthan wrote:

Casa wrote:I can't tell you whether you will be able to have the deception removed. It will depend greatly on the evidence you submit to prove that you were an innocent victim of a scam.

Noone can speak for how UKVI will review the evidence and what discretion may or may not be applied.
However be aware that any hint of fraudulent (or even frivolous) application is taken very seriously by the authorities. And the applicant is ultimately held responsible for their submissions, not any 3rd party.

Suggest hope for the best but plan for the worst so prepare a Plan B.

Thank u so much !!!

[quote="Casa"]You will need a statement from your solicitor confirming that he advised you of the fraudulent COS and you then withdrew your application immediately.

There's no guarantee however that this will be sufficient to remove the deception

I believe he is also involved in this scam, so not sure if he will give a statement. I will try to get it. He only did the withdrawal for me, I have that online withdrawal receipt.

I am afraid your appeal will fail on a number of grounds.
Your attempt at withdrawing the application was meaningless. You submitted a false COS and it was used to make an immigration decision. That decision gave you rise to an appeal. If your appeal is based on trying to overturn the decision by saying you withdrew the application you are actually stating you wish to move your status to that of overstayer... so would in essence state you wish your entire leave since you "withdrew" the appeal to be considered as illegal. The court won't do that so that is a futile point to go on.
The next point - the false COS. You purchased the COS in the belief it would get you a tier 2 visa. How will you explain that to the court? I thought it was real, but I bought it... really.... You will go through a world of hurt at the hands of the Presenting Officer as there is no reasonable explanation as to why anyone will buy a COS.

Scammed you may have been but there is no get out of jail card where a false COS is concerned. Letter from solicitor- worthless.
Even reporting the fraud to the police - worthless
The guidance clearly states false COS knowingly or not gets you deception.

I wish you luck but I suggest you have a plan B

Frontier Mole is by far the best placed on the forum to advise on Tier 2.

Frontier Mole wrote:I am afraid your appeal will fail on a number of grounds.
Your attempt at withdrawing the application was meaningless. You submitted a false COS and it was used to make an immigration decision. That decision gave you rise to an appeal. If your appeal is based on trying to overturn the decision by saying you withdrew the application you are actually stating you wish to move your status to that of overstayer... so would in essence state you wish your entire leave since you "withdrew" the appeal to be considered as illegal. The court won't do that so that is a futile point to go on.
The next point - the false COS. You purchased the COS in the belief it would get you a tier 2 visa. How will you explain that to the court? I thought it was real, but I bought it... really.... You will go through a world of hurt at the hands of the Presenting Officer as there is no reasonable explanation as to why anyone will buy a COS.

Scammed you may have been but there is no get out of jail card where a false COS is concerned. Letter from solicitor- worthless.
Even reporting the fraud to the police - worthless
The guidance clearly states false COS knowingly or not gets you deception.
I wish you luck but I suggest you have a plan B

Thank you Mole..
By considering all ur points, thinking of that plan B , Dnt know what to do ..My daughter has been studying here in uk for 5 years..Will they consider it? Because if we go to our native country she wont be able to follow the education system there.

sahni wrote:Thank you Mole..
By considering all ur points, thinking of that plan B , Dnt know what to do ..My daughter has been studying here in uk for 5 years..Will they consider it? Because if we go to our native country she wont be able to follow the education system there.

No, this is will likely not be considered as a valid reason.

CR001 wrote:

sahni wrote:Thank you Mole..
By considering all ur points, thinking of that plan B , Dnt know what to do ..My daughter has been studying here in uk for 5 years..Will they consider it? Because if we go to our native country she wont be able to follow the education system there.

No, this is will likely not be considered as a valid reason.

Anyone else has related experience pls?

sahni wrote:Anyone else has related experience pls?

I don't think you will get members sharing such experience. Those that have been involved or caught in such scams have chosen to leave the UK as there is no way that they can win this type of fight.

Frontier Moles' post is the one you should take note of.

CR001 wrote:

sahni wrote:Anyone else has related experience pls?

I don't think you will get members sharing such experience. Those that have been involved or caught in such scams have chosen to leave the UK as there is no way that they can win this type of fight.

Frontier Moles' post is the one you should take note of.

Thank you...It's highly painful that we have to pay for some others benefit.