Tier 2 VISA rejected on the grounds 320 7B

[chiraju]

Hi All.

Very urgent and help required, I would like to know your comments on the below situation

1. Friend of mine applied for Tier 2 VISA from India with all the relevant document but with some mistakes in the application form filled (Information like have you ever refused a VISA to any country etc...)

2. Now we would like to appeal against the decision. any comments on this? or any information or advice on this?

The situation is like this

1. My friend was on work permit, he applied for HSMP with some wrong documents and his HSMP application got rejected
2. He was asked to leave the country with his dependant (wife) - the letter given by Home office regarding deporting from country on him didn't mention anything about his WIFE's residence status but we assumed that since Main visa holder is leaving with visa being void the dependant has to leave

2. Now wife's company ready to sponsor a work permit and obtained the COS also.

3. Wife applied for Tier 2 from India, but didn't mention in the application form about the above (1) story - for ' if you have ever refused an entry / asked to leave a country - she wrote NO in the form

4. Now her Tier 2 VISA is rejected based on the above and the rejection letter says you didn't mention the information correctly regarding your 'refusal to entry or asked you to leave the country'

Now we want to appeal, because when we spoke to home office after (1) home office said his wife's visa application will not be affected by this incident at all but now it is affecting.

Any help / information is appreciated.

Thanks

[djzack]

Hi All.

Very urgent and help required, I would like to know your comments on the below situation

1. Friend of mine applied for Tier 2 VISA from India with all the relevant document but with some mistakes in the application form filled (Information like have you ever refused a VISA to any country etc...)

2. Now we would like to appeal against the decision. any comments on this? or any information or advice on this?

The situation is like this

1. My friend was on work permit, he applied for HSMP with some wrong documents and his HSMP application got rejected
2. He was asked to leave the country with his dependant (wife) - the letter given by Home office regarding deporting from country on him didn't mention anything about his WIFE's residence status but we assumed that since Main visa holder is leaving with visa being void the dependant has to leave

2. Now wife's company ready to sponsor a work permit and obtained the COS also.

3. Wife applied for Tier 2 from India, but didn't mention in the application form about the above (1) story - for ' if you have ever refused an entry / asked to leave a country - she wrote NO in the form

4. Now her Tier 2 VISA is rejected based on the above and the rejection letter says you didn't mention the information correctly regarding your 'refusal to entry or asked you to leave the country'

Now we want to appeal, because when we spoke to home office after (1) home office said his wife's visa application will not be affected by this incident at all but now it is affecting.

Any help / information is appreciated.

Thanks

Out of country refusals


OR to make it simple, please see below

How you can appeal if you are applying from outside the United Kingdom - administrative review

If you are applying from outside the United Kingdom (known as 'entry clearance'), you have a right to an administrative review, which is free of charge.

You must request a review of the refusal within 28 calendar days of the date the refusal notice was issued.

You can only ask for one administrative review for each application that we refuse. You should not send any additional documents with your request for a review.

[chiraju]

Thank you very much, we know this process and we will be ask for a administration review.

But the main question was, as per the explained scenario what are the chances? I mean my friend's wife never received any letter from home office that she should leave the country or she was never asked. She assumed that since her husband's visa was void her visa became invalid and left the country. And her husband applied for HSMP with some invalid documents and got his HSMP rejected and also was asked to leave the country (She had no connection with it, except her dependant application was also submitted which was rejected because the main application failed).

Thanks for your time and help.

Hi All.

Very urgent and help required, I would like to know your comments on the below situation

1. Friend of mine applied for Tier 2 VISA from India with all the relevant document but with some mistakes in the application form filled (Information like have you ever refused a VISA to any country etc...)

2. Now we would like to appeal against the decision. any comments on this? or any information or advice on this?

The situation is like this

1. My friend was on work permit, he applied for HSMP with some wrong documents and his HSMP application got rejected
2. He was asked to leave the country with his dependant (wife) - the letter given by Home office regarding deporting from country on him didn't mention anything about his WIFE's residence status but we assumed that since Main visa holder is leaving with visa being void the dependant has to leave

2. Now wife's company ready to sponsor a work permit and obtained the COS also.

3. Wife applied for Tier 2 from India, but didn't mention in the application form about the above (1) story - for ' if you have ever refused an entry / asked to leave a country - she wrote NO in the form

4. Now her Tier 2 VISA is rejected based on the above and the rejection letter says you didn't mention the information correctly regarding your 'refusal to entry or asked you to leave the country'

Now we want to appeal, because when we spoke to home office after (1) home office said his wife's visa application will not be affected by this incident at all but now it is affecting.

Any help / information is appreciated.

Thanks

Out of country refusals


OR to make it simple, please see below

How you can appeal if you are applying from outside the United Kingdom - administrative review

If you are applying from outside the United Kingdom (known as 'entry clearance'), you have a right to an administrative review, which is free of charge.

You must request a review of the refusal within 28 calendar days of the date the refusal notice was issued.

You can only ask for one administrative review for each application that we refuse. You should not send any additional documents with your request for a review.

[tvn_ramesh]

Thank you very much, we know this process and we will be ask for a administration review.

But the main question was, as per the explained scenario what are the chances? I mean my friend's wife never received any letter from home office that she should leave the country or she was never asked. She assumed that since her husband's visa was void her visa became invalid and left the country. And her husband applied for HSMP with some invalid documents and got his HSMP rejected and also was asked to leave the country (She had no connection with it, except her dependant application was also submitted which was rejected because the main application failed).

Thanks for your time and help.

She is the Dependent of the Main applicant.. they have connection..

the letter given by Home office regarding deporting from country on him didn't mention anything about his WIFE's residence status

Dependents of the Main applicant are equally effected by the decision given by the Home Office;

She should have atleast mentioned that when her Main applicant applied for WP and she as dependent their case was rejected..

Hiding/ not mentioning is not good and may effect future applications also..

[chiraju]

Thank you very much, we know this process and we will be ask for a administration review.

But the main question was, as per the explained scenario what are the chances? I mean my friend's wife never received any letter from home office that she should leave the country or she was never asked. She assumed that since her husband's visa was void her visa became invalid and left the country. And her husband applied for HSMP with some invalid documents and got his HSMP rejected and also was asked to leave the country (She had no connection with it, except her dependant application was also submitted which was rejected because the main application failed).

Thanks for your time and help.

She is the Dependent of the Main applicant.. they have connection..

the letter given by Home office regarding deporting from country on him didn't mention anything about his WIFE's residence status

Dependents of the Main applicant are equally effected by the decision given by the Home Office;

She should have atleast mentioned that when her Main applicant applied for WP and she as dependent their case was rejected..

Hiding/ not mentioning is not good and may effect future applications also..

Thanks for the information.

All we have is 2 points I guess.

1. In her HSMP (Tier1) application rejection it is mentioned that her application is refused because of the deception found with her husband's application and she can live until 2012 jan as per her current VISA which is not affected by the rejection at all.

2. In the letter given to her husband by home office after 2 months after the HSMP rejection didn't mention any thing about the dependant should be leaving the country. ( So this was the reason for her to mention 'NO' in the application for 'Have you ever been refused entry or asked to leave the country' question)

The point which I am thinking is, is there a Immigration law which says because your spouse used deception in his application all dependants SEPARATE applications in future will carry the same deception issue and application will be rejected? How lawful is that? And officially she was never given a document (or she was mentioned in the document given to her husband) about she being asked to leave the country so she didn't mention anything about that in her WP application.

Lets see how this goes. Any comments / help / suggestions appreciated

Thanks

[visaforv10]

1. In her HSMP (Tier1) application rejection it is mentioned that her application is refused because of the deception found with her husband's application and she can live until 2012 jan as per her current VISA which is not affected by the rejection at all.

If main applicant was asked to leave the country now, I am not sure dependant can live here upto 2012. On what visa she was allowed to live till 2012?


Regards

[chiraju]

1. In her HSMP (Tier1) application rejection it is mentioned that her application is refused because of the deception found with her husband's application and she can live until 2012 jan as per her current VISA which is not affected by the rejection at all.

If main applicant was asked to leave the country now, I am not sure dependant can live here upto 2012. On what visa she was allowed to live till 2012?


Regards

Hi,

Thanks, I think you might not have read the first post in the thread ... it is a long story.

She was allowed to stay until 2012 as a dependant to WP holder, later the WP holder applied for HSMP under Tier 1 and HO found some deception and rejected both HSMP Main and Dependant applications (Obviously)...

[geriatrix]

In her HSMP (Tier1) application rejection it is mentioned that her application is refused because of the deception found with her husband's application and she can live until 2012 jan as per her current VISA which is not affected by the rejection at all.

I have my doubts regarding the text highlighted in blue. As per law, dependent's leave to enter / remain in the UK is (completely) dependent on the immigration status of the main migrant. So I have my doubts that UKBA can state anything to this effect.

For us to understand the case better, can you please spell out the wordings of the refusal letter (HSMP rejection of main application) and deportation order (if any was issued) and also answer the following:
1. When HSMP refusal letter was received, did the main applicant (WP holder) had valid leave to remain in the UK or had the visa expiry date passed while the HSMP application was under consideration at UKBA?
2. Was right to appeal granted when the HSMP application was refused? If given right to appeal, was appeal submitted and what was the outcome?

regards

[chiraju]

In her HSMP (Tier1) application rejection it is mentioned that her application is refused because of the deception found with her husband's application and she can live until 2012 jan as per her current VISA which is not affected by the rejection at all.

I have my doubts regarding the text highlighted in blue. As per law, dependent's leave to enter / remain in the UK is (completely) dependent on the immigration status of the main migrant. So I have my doubts that UKBA can state anything to this effect.

For us to understand the case better, can you please spell out the wordings of the refusal letter (HSMP rejection of main application) and deportation order (if any was issued) and also answer the following:
1. When HSMP refusal letter was received, did the main applicant (WP holder) had valid leave to remain in the UK or had the visa expiry date passed while the HSMP application was under consideration at UKBA?
2. Was right to appeal granted when the HSMP application was refused? If given right to appeal, was appeal submitted and what was the outcome?

regards

Hi.

Thanks for the time and information.

Ok the situation goes like this.

1. X came to UK on a work permit from his company
2. X married Y and applied for a dependant visa and it got approved
3. Both of them were living and working in UK and their VISA was valid till 2012
4. X applies for a Tier1 HSMP along with dependant application
5. The Tier 1 application is rejected on the grounds of 320 7B, saying he used some deception to prove his maintenance funds and X received a letter from HO saying they found deception and now all his feature application may be rejected due to the same reason. The letter also says that all your future applications will be rejected with the same reason for next 1 year (if you leave the country on your own), for 5 years (if you leave on your own on government expenses) etc....

6. In the Y refusal letter it says you have not satisfied the case worker with correct documents so your application is rejected, but since you have your dependant visa valid till 2012 you don't have to leave this country as a result of this decision.

7. X goes out of country and comes back, when coming back in the immigration they made him wait for 6-7 hours and then issued a letter saying that his VISA is void and he has to leave the country with in 10 days (no information mentioned on the dependant status what so ever)

8. Y goes back to country along with X and then applies for a work permit via the employer

9. WP application rejected on the grounds of 320 7B with the same reason and also mentioned that she didn't mention that she was asked to leave the country



Thanks

[geriatrix]

Given the sequence of events, I do not see where UKBA can be blamed for determining a unlawful / inaccurate decision in refusing the Tier 2 application by Y.

When the main applicant's (X) visa is invalidated, the dependent visa also stands cancelled (automatically) even if there is no stamp on it that says so! So when X was ordered to leave the country in 10 days, it also meant that the dependent Y must also leave the country in 10 days. By not declaring this fact (though as a result of ignorance on the applicant's part), the application for Tier 2 leave to enter by Y has been refused.

It might be useful to read Refusal of entry clearance or leave to enter the United Kingdom. In particular, read 320(7A) and 320(7B)(d).

regards

[chiraju]

Given the sequence of events, I do not see where UKBA can be blamed for determining a unlawful / inaccurate decision in refusing the Tier 2 application by Y.

When the main applicant's (X) visa is invalidated, the dependent visa also stands cancelled (automatically) even if there is no stamp on it that says so! So when X was ordered to leave the country in 10 days, it also meant that the dependent Y must also leave the country in 10 days. By not declaring this fact (though as a result of ignorance on the applicant's part), the application for Tier 2 leave to enter by Y has been refused.

It might be useful to read Refusal of entry clearance or leave to enter the United Kingdom. In particular, read 320(7A) and 320(7B)(d).

regards

Hi,

Thanks for the information. I absolutely understand the details. As you mentioned the information should have been mentioned in the WP application by Y. Which was missed due to ignorance. So that is the main reason why now Y is trying for an Administrative Review. She will explain that the information requested wasn't provided due to ignorance and not with any purpose. Any comments?

I understand that when the main VISA is void then the dependant VISA is also cancelled by default, but why the punishment (ban) to the main applicant should carry to the dependant also when she applies for any future applications?

Well I understand that it is with the immigration guide lines the decisions are made, how ever Y will request the UMBA hoping for the best,,,

[geriatrix]

I understand that when the main VISA is void then the dependant VISA is also cancelled by default, but why the punishment (ban) to the main applicant should carry to the dependant also when she applies for any future applications?

Y has not been banned because of X, as you've been assuming.

Y has been banned for not disclosing in (Y's) own application that Y was (in effect) ordered to leave the country in the past (as a result of Y's sponsor X being ordered to leave UK).

Ignorance isn't bliss, when it comes to immigrations rules!

regards