please need help very important

sabrinakhan · Post by **sabrinakhan** » Sat Mar 13, 2010 9:19 am

this will be my first post here so any advice would be very much welcome
i applied for uk visa in december 2009 and i recieved my passport rejected in march ive got 28 days to appeal here is my visa rejection reasons it was refused under paragraph 320(7a) of immigration rules...
you stated that ur employed as a manager in ur fathers business and provided various letters from ur claimed employer.however the documents are of a quality that they appear to been produced on a home computer there for not satisfied that ur circumstances are as claimed.41 1,2,6,7...
you claim to earn 60,000rs per month..how ever u have failed to provide reasonable evidence of this and ur bank statement shows excessive deposits in excess of ur stated income.you have not provided evidence towards the origin of these funds and in the absence of reasonable evidence i am not satisfied that these bank statement reflects ur personal circumstance 41 vi..

yes the job letters were produced on home computer but they are not fake i do work n do get paid that amount which can be seen every month in my bank statement which i send to ukba....all my family is in pakistan and they should know that from my previous immigration history i mean i came bak to pakistan after studying in uk for 4 years..and what can i say abt the rest of the money it was my saving which i did while i was working in uk part time and whne i came to pakistan i put them in my account....i told them i work in my fathers business and he has got a business here so that shows ive got family ties in pakistan and yes i did forget to mention abt an offence which happened in uk with a police officer i misbehaved with him and got fined for 50 pounds which ive paid and but i dint think that would be such a big issue but i put my hands up for that but can they reject me on these basis because i wanted to go n see my sister in uk and they gave me apeal rights too
any advice would be helpful please

Mr Rusty · Post by **Mr Rusty** » Sat Mar 13, 2010 9:44 am

So, you applied for a family visit visa, were refused, and have a right of appeal.
You may or may not be able to establish the genuineness of your employment and finances, BUT the real killer is that you apparently failed to mention that you had a criminal conviction, albeit maybe for a minor offence. There is a specific question on the visa application form thus:
"6.9 Do you have any criminal convictions in any country
(including traffic offences)?"
It's simply not credible that you "forgot" the incident - to be arrested and taken to court is a significant event for most law-abiding people. You chose to lie about this, and if you want help you should admit this.
A refusal under 320 7(A) means that if you apply again you will be refused under 320 7(B) and banned for 10 years. You therefore have no choice but to appeal, and try to persuade the court that on every other matter you have made a good application, and that refusal under 320 7A is a disproportionate penalty for a minor offence. You will need the services of a good solicitor or OISC advisor to present your appeal, so that Â£50 fine is now going to cost you several thousand pounds.

sabrinakhan · Post by **sabrinakhan** » Sat Mar 13, 2010 9:57 am

thanks for ur reply
so if i reapply again they will ban me for 1 to 10 years is it rite and yes i was not trying to hide that i did actually did forget and that is the true reason for me not telling them and no way i was trying to hide that fact

and in my appeal i am accepting that fact that i m sorry but it was not my intent to hide that and i m very sorry for that and i am providing my very recent bank statement showing my wages being paid in for last 6 months now and some tax returns and property documents now so please please tell me in ur opinion have i got a chance please

mochyn · Post by **mochyn** » Sat Mar 13, 2010 11:14 am

I did something wrong when I was a small child and my best friend took the blame.
I cannot forget it!

sabrinakhan · Post by **sabrinakhan** » Sat Mar 13, 2010 11:26 am

yes i know its not that i forgot it did actually slipped my mind and now what i can see that i can be banned for 10 years i m very upset and sorry for what i did but just wanna know if they can actually bann me because my sister cant travell becaz of her health problems so this means i can not see my sister for like 10 years now i am in tears rite now for a stupid mistake ive made i know its stupid but is there any solutions to it please if there is can u help me

sabrinakhan · Post by **sabrinakhan** » Sat Mar 13, 2010 12:23 pm

well i know ive made a huge mistake but can u tell me what r the chances of me winning the appeal.please any one....

Rozen · Post by **Rozen** » Sat Mar 13, 2010 3:41 pm

sabrinakhan wrote:well i know ive made a huge mistake but can u tell me what r the chances of me winning the appeal.please any one....

Get a solicitor to help you out of this mess!

Post by **batleykhan** » Tue Mar 16, 2010 8:04 am

Rozen wrote:
sabrinakhan wrote:well i know ive made a huge mistake but can u tell me what r the chances of me winning the appeal.please any one....
Get a solicitor to help you out of this mess!

A bloody good one too at that , to get you out of this mess that you have bought upon yourself

UKBAbble · Post by **UKBAbble** » Tue Mar 16, 2010 12:07 pm

I'm not at all sure any immigration judge will accept that it "slipped your mind".

f2k · Post by **f2k** » Tue Mar 16, 2010 5:00 pm

if your refusal letter does not talk about the 'offence' that you did not mention then IMO it is not an issue and should not be introduced as part of the appeal. Your appeal should only be based one the reason that were stated in the refusal letter.

Anyway if you can prove that your documentation, and salary claims are not fake then u should be able to win your appeal or at least get the ban overturned. So in your appeal u need to look at evidence which proves that you didnt lie in the initial application with regards to these points.

Anyway 1 question, you say all of your family is in Pakistan but you also say you want to visit your sister and yo applied for a family visit visa. is that correct

afather · Post by **afather** » Wed Mar 17, 2010 4:56 pm

same mess here sabrina

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 11:33 am

hi f2k
sorry for a delay responce
yes it does mention my offence and ive appealed now n i accepted my driving offences.and proved that the rest of the information was true abt my employment.got a sworn statement from my employer that i am employed there and all the details are true.but i am very stressed that what r the chances of me winning this appeal and ive also mentioned in my appeal that my sister cant travel and its the violation of my human rights article 8.i hope there is a violation here becaz if they bann me ill will not be able to see my sister for 10 years.please any one can tell me what are the chances here for me winning my appeal please

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 11:34 am

hii f2k
i applied for a visit visa not a family visit

ajmal · Post by **ajmal** » Tue Mar 30, 2010 12:43 pm

sabrinakhan wrote:hii f2k
i applied for a visit visa not a family visit

On visit visa there is no right of appeal, so you applied family visit visa? Out of country appeal normally takes long around 1 year.

You need to show the evidences from where cash comes in your account(source). Any wages above PKR 10000 are paid by cheque as per Income tax law

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 1:28 pm

thanks for ur reply
well i get paid in a form of a checque paid in my bank account and the rest of the money was from a sale of my car which evidence has been provided in my appeal

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 1:31 pm

i have got a scowrn statement from my employer aswell but my main worry is abt this 320 7a and can the judge will consider this as a violation of article 8 of human rights becaz i mean its denying me the rite to see my sister

Wanderer · Post by **Wanderer** » Tue Mar 30, 2010 1:35 pm

sabrinakhan wrote:i have got a scowrn statement from my employer aswell but my main worry is abt this 320 7a and can the judge will consider this as a violation of article 8 of human rights becaz i mean its denying me the rite to see my sister

Not a valid claim, your sister can visit you, Human Right's are not infringed.

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 1:36 pm

hi thanks for ur reply but she cant travel at all becaz of her health problems
she has not traveled out of her home in last 10 years now so the only way i can meet her is by me going to uk so please do u think its a violation of hum,an rights

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 1:41 pm

one more thing wanderer
ive read so many posts from u n i know ur very good at this so please if you can help me or advice would be very helpfull please

ajmal · Post by **ajmal** » Tue Mar 30, 2010 1:49 pm

sabrinakhan wrote:i have got a scowrn statement from my employer aswell but my main worry is abt this 320 7a and can the judge will consider this as a violation of article 8 of human rights becaz i mean its denying me the rite to see my sister

As you have already sumbitted your appeal against deception, the best thing for you is that to arrange a good soliciator in UK to fight your case. You have to submit all your original evidences to court before the hearing date and tell your sister that she must go to court with your Barrister with copy of all the evidences you submitted. You need medical health letter from your sisters GP that she cannot travel to Pakistan on health grounds if you insist on Article 8. You must accept in your witness statement that you forget to mention traffic offence in your application form.

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 1:56 pm

thanks ajmal
ive submitted all the originals with my appeal but my sister cant leave her home or shall i say her bed room becaz of her health if she leaves her room which is very air tight incase of any air leakage which can result in her death but ive included her medical reports and a letter from the hospital and her gp stating her medical condition aswell
so in ur opinion do u think i have a valid human rights case

sabrinakhan · Post by **sabrinakhan** » Tue Mar 30, 2010 1:59 pm

yes i have admitted to driving offences in my appeal and told them that while applying for a visa i was under allot of stress becaz of my sisters health getting really worse and thats why i forgot to mention my driving offences

ajmal · Post by **ajmal** » Tue Mar 30, 2010 2:08 pm

sabrinakhan wrote:thanks ajmal
ive submitted all the originals with my appeal but my sister cant leave her home or shall i say her bed room becaz of her health if she leaves her room which is very air tight incase of any air leakage which can result in her death but ive included her medical reports and a letter from the hospital and her gp stating her medical condition aswell
so in ur opinion do u think i have a valid human rights case

It all depends how your Barrister represent your case infront of Judge with all documentry evidences, but the main thing is that there is a deception charge against you first and unless he prove in the court that deception charge is wrong against you. Human rights factor comes later. Human right factor does not mean that you use deception to gain entry in UK. You still have time to get maximum evidences to produce in court .

sabrinakhan · Post by **sabrinakhan** » Wed Mar 31, 2010 2:28 am

thanks ajmal and thanks batley khan for closing the other post...
yes i am trying to gather all the evidence regarding all the other reasons for my rejection but i have accepted my allegations for the driving offence and told them that i was not trying to deceive the immigration officer and this is an honest and innocent mistake,
i dont think i can prove that deception charge is wrong becaz in fact i did commit those driving offences and i did not mention them on the visa form so all i can do now is admit to that and lets see what happens now but i never hide them on purpose i did forget becaz of all the stress i was under when applied for this visa....

sabrinakhan · Post by **sabrinakhan** » Wed Mar 31, 2010 2:33 am

ive send my appeal to abu dhabi visa section does any one knows what happens now i mean i have read there web site.its all to confusing how long b4 they send my appeal to ait in uk and will they send my appeal with the bundle or do they send bundle at a latter date. and than how long b4 i get my hearing date what i have read is that they give u a hearing date after 12 weeks if u send ur appeal to the visa section first but every one says here it can take up to a 6 months or a year can any one explain please thanks

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please need help very important

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