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Deception

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Dehkhoda
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Posts: 17
Joined: Sun Aug 16, 2015 10:24 am

Deception

Post by Dehkhoda » Sun Aug 16, 2015 11:17 am

Hi to all,

I am trying to fill my Tier 4 application for my visa.
While I was filling my form and returning back to check if everything OK, just remembered that some of questions I answered in my current application in immigration history section, I did not answered in previous application!
My question is; if I answer the question now, would HomeOffice refuse my visa because did not answer the same question in my previous application!? Basically, would this count as a deception?
Just to mention that the reason I did not answered the question in my previous application just because I forgot at the time!

I'd appreciate any help.

Thanks

vinny
Moderator
Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Re: Deception

Post by vinny » Sun Aug 16, 2015 12:01 pm

What are the questions and answers that you forgot?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Dehkhoda
Newly Registered
Posts: 17
Joined: Sun Aug 16, 2015 10:24 am

Re: Deception

Post by Dehkhoda » Sun Aug 16, 2015 12:48 pm

Hi
First of all, thank you very much for reply.

The questions are:
1. Have you ever stayed in the United Kingdom beyond your period of leave?
2. Have you ever been refused entry clearance, leave to enter or leave to remain in the UK?
3. Have you ever been removed, required to leave or deported from the UK?

The first and third questions, I did not answer the questions at all in my previous application! I have to say that at the time I granted a visa (leave to remain), this back to about a year ago!

The answer to the first question is; Yes I have over stayed and that because I made couple of mistake in my application in 2011 and my application was rejected! By the time received my application and made a new application took me about 17 days overstay. I need to mention here that the second application was refused because my university international team thought I was outside UK and invalidated my CAS letter. However, University took all the blame and basically fix it for me and was granted visa (leave to remain).

Question 2; Previously, I had been refused twice! First one happened in 2009 and got right to appeal and the decision was overturned and second time it was in 2011! In my previous application I mention about the second one (2011), but I didn't mentioned the first one (2009)!

And finally, the answer to the third one which is the confusing one, even university can't answer it, is that in 2011 when my visa was refused, I received a refusal letter! The exact words in the letter says; "You have no right to stay in the UK and are liable to removed. You must leave as soon as possible". Here didn't get right to appeal, because made the application after my visa expiry date! As mentioned in question one, the reason this happened because of my university admission team made an error! After I received the refusal letter, I went to university next day and university contacted UKBA and they advised university to make a quick application which eventually granted a new visa. The confusing bit that I and university don't know should even answer this question as a YES or NO, because just in letter asking me to leave, I didn't really forced to leave!

I would like to appreciate any help or advice.

Thank you

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Deception

Post by sah10406 » Sun Aug 16, 2015 3:17 pm

I advise you simply answer the questions (all "Yes") and give this information.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Dehkhoda
Newly Registered
Posts: 17
Joined: Sun Aug 16, 2015 10:24 am

Re: Deception

Post by Dehkhoda » Sun Aug 16, 2015 4:17 pm

sah10406 wrote:I advise you simply answer the questions (all "Yes") and give this information.
Thanks for your advise.
I know this is difficult to answer and it is not possible to predict, but based on your experience, do you think, would they give me visa or would they refuse it just because didn't answer the questions in previous application?
I didn't try to lie, I just forgot!

Thanks

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Deception

Post by sah10406 » Mon Aug 17, 2015 12:15 pm

I find it very strange that the application was even accepted as valid, never mind successful, if you simply failed to answer those extremely important questions.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Dehkhoda
Newly Registered
Posts: 17
Joined: Sun Aug 16, 2015 10:24 am

Re: Deception

Post by Dehkhoda » Mon Aug 17, 2015 1:11 pm

Thanks sah10406.

This is my own thought as well! If I didn't answer those questions how did they granted a visa!
Just don't know what should I do? Even spoke to the UKCISA and they suggested that better not even make any further application and leave country now before your visa expires! And also advise me to seek immigration legal advice to see what they think!
Just as a question; is it possible to include a covering letter and explain it what happened and I am aware of what I have done!?

Kind Regards

Dehkhoda

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Deception

Post by sah10406 » Mon Aug 17, 2015 1:34 pm

Dehkhoda wrote:Just as a question; is it possible to include a covering letter and explain it what happened and I am aware of what I have done!?
You keep saying you omitted to answer these immigration history questions. But this comment ("I am aware of what I have done"), plus the fact that the application was not rejected as invalid, plus the (apparently sound) advice you say you had from UKCISA, suggest that you did answer them, but in a way that could be seen as deceptive.

Are you being deceptive about your deception?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Dehkhoda
Newly Registered
Posts: 17
Joined: Sun Aug 16, 2015 10:24 am

Re: Deception

Post by Dehkhoda » Tue Aug 18, 2015 11:27 am

sah10406 wrote:
Are you being deceptive about your deception?
You are right.
After this comment, I have checked the application again and there is another question which is asking; 'Have you ever knowingly used deception when seeking leave to enter or remain?' The answer to this question is definitely is "NO"! However, I am not sure if this helps me!

And also I have answered just one question out of those three questions in my previous application which is about; "Have you ever been refused entry clearance, leave to enter or leave to remain in the UK?" I should say all three questions relate to this question, because all of them were happened exactly at the same time!

I much appreciate all the reply's have received here.
Thanks.

Dehkhoda
Newly Registered
Posts: 17
Joined: Sun Aug 16, 2015 10:24 am

Re: Deception

Post by Dehkhoda » Sat Aug 22, 2015 1:41 pm

Hi

I know this is going to be the biggest problem for me, but this morning was trying to remember what exactly put in my previous application and I think I did make another mistake in my travel history section!
There is question asking me that have ever traveled to UK with another passport?
I did renew my passport about 1 year before my previous application! I think at the time I thought because both passport issued from same place that doesn't need to mention! But now I am looking at both passport and seeing they have two different number!
I assume I should have declared this as well! But I don't know If I have done it or not!
My question is if I didn't declare this, should I go ahead and make new application or better just leave and just stop here because it might be too risky and face deception!?
And also if I face deception, what would happen? Is it straight removal without any question?
I would appreciate any reply!
Thanks

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