Unique Immigration Case, A challenge for Experts.

[nigahban]

Hello and Good Morning,

I need some advice about my old case .. Actually While i was on student visa i applied for Tier 1 (/General/HSMP) on 14 May 2008 my application was refused on 27 March 2009. The home office said that i have used false documents to claim my earning points and applied 320(7B) of immigration rule to refuse my application. I was not given by the right of appeal because i still have a valid visa at that time. No administrative review was granted because it was a in country application. .... Before my student visa was due to expire i made a student visa extension application and i was granted by 26 months of Visa..... Now i have completed my M.Phil (Master Degree) and i want to apply for PSW(Post Study Work) visa... .. My Question is that will they allow me PSW visa or not... ???? Will my old HSMP case effect my new PSW application or not..??? What will be the effects of immigration rule 320(7B) on my new application..????? Will home office give me a right of appeal if visa is refused..?????

I have a valid student visa until end of this year

Thanks and Regards
With hope to hear something very soon

[vinny]

320(7B) isn't now applicable to in-country applications. They may have refused you under 322(1A).

You should get a right of appeal if you are refused and have no leave remaining, after making a valid in-time application.

[vinny]

Hi All,

Get yourself ready for a long story. So there we go

I am a Pakistani national

Jan 2006 gave interview at British High Commission, Islamabad, Pakistan for student visa.

Entry Clearance Officer asked me 20 questions in total off those 1 is most important related to by current immigration status exact question and answer are below.

Q: What are you currently doing in Pakistan.
Answer: I am doing a job as lecturer.

He never asked me do i have any other job.

I still hold a copy of that interview.

Student visa granted arrived in UK Feb 2006. leave valid until 31 May 2007.

Leave to remain as student applied and granted until March 2008.
Leave to remain as student applied and granted again until June 2009.

while i was on student visa i Applied for HSMP in May 2008 in that application to get the employment points i used my genuine work experience from Pakistan as an IT Manager.

My HSMP application refused. reason i did not mention my IT Manager job in my very first interview to Entry Clearance Officer and case worker believed that i used deception and provided false documents with my application paragraph 320(7B) applied on me. No right of appeal give and no administrative review allowed as i was still holding valid leave when refusal arrived. No Action Taken.

Applied leave to remain as a Student for M.Phil course on a university admission letter. Leave granted until December 2011. No Issue raised about the so called deception in previous application HSMP 2009.

Completed my M.Phil Degree and applied got PSW granted until November 2013. In person application was made no issue raised for so called deception in HSMP case 2009.

On 05 April 2013 applied for my Entrepreneur visa application refused due to bank statement and no advertising material provided. Not for the deception used in HSMP 2009. No right of appeal and AR given as i was still holding my PSW visa.

On 07 June 2013 applied again for my Entrepreneur visa with fresh documents. Today my application is refused on the basis that i had used so called deception in my previous HSMP application is 2009 paragraph 322(1A) applied this time this is only reason of refusal i am given full( 75 + 10 + 10) points for all my attributes.

Questions:

1: What do i need to do?? No right of appeal and AR as still got valid leave until November 2013.

2: Should i apply again? What are my chances?

3: Why the case worker(s) did not refused my previous 3 applications(2 successful 1 failed) on the basis of deception in HSMP 2009? They pointed on my most recent application again 4th since i been refused HSMP 2009.

4: What are my chances of getting a positive decision if i go for Judicial Review? How much is the approx cost?

5: Would i be allowed to run business/work while Judicial Review is pending? I am on PSW right now.

6: Please reply if someone is in same boat as me and have positive decisions. I am sure here may be people on the form so please reply.

7: My eldest child is born in UK and 5 year old never been out of the UK. I been in UK for 7 years 9 months. My Mrs is in UK for 6+ year she also got her 3 brother , 3 sister, Uncle and Ants with families all British Nationals. Shell i made a Human Rights application on the above basis and plus i completed M.Phil Degree and Running a Successful business too.

Please note i always ticked NO on all the application forms in section D of immigration history D11 Has the applicant ever used deception when seeking leave to enter or remain.


Hope you all understand my scenario and interesting story. I Would be very very grateful for any help.

Thanks to all in advance and wish me luck.

Once Again Many Many Thanks In Advance.

My friend, I have full sympathy with you, but If you understand Tier 1 Ent Visa deeply, you should have understood by now that Home Office is not giving this visa to people who are about to complete their 10 yrs legal residency in this country.

My advice - Don't waste your time and money in Ent Visa Route. Check out 10 yrs legal stay route or Right to family life route. Thanks !!

[Amber]

How old is your eldest son?

[AUHS]

You should have gone for Judicial Review at the time they wrongly refuse your HSMP application.If no right of appeal given due to you still had LTR.

Did UKBA backed their deception claim with any DVR(Document Verification Report) when they refuse your application or they just refuse you based on your interview given at the time of your application.

Have you ever asked for a DVR or SAR from UKBA to find out the actual reason for UKBA claim.

I have sent you a PM.check your inbox.

[nigahban]

How old is your eldest son?

Thanks for your reply. My eldest child is 5 Year old going school full time 2nd child 2 year old since Sep 2007 we all never been out of UK.

[nigahban]

You should have gone for Judicial Review at the time they wrongly refuse your HSMP application.If no right of appeal given due to you still had LTR.

Did UKBA backed their deception claim with any DVR(Document Verification Report) when they refuse your application or they just refuse you based on your interview given at the time of your application.

Have you ever asked for a DVR or SAR from UKBA to find out the actual reason for UKBA claim.

I have sent you a PM.check your inbox.

Thanks for your reply.

I did not apply for JD on failed HSMP because it was a confusing decision in the decision it says I don't have to leave UK also I can apply again before my leave expires which I did. I am not 100% sure that did UKBA made any DVR but I have a strong believe that it's only refused because of my very first interview. . By SAR you mean Subject Access Request if yes Then I got a copy of my Subject Access Request after my failed HSMP.

Where on SAR I can check did UKBA made any DVR?

[AUHS]

You should have gone for Judicial Review at the time they wrongly refuse your HSMP application.If no right of appeal given due to you still had LTR.

Did UKBA backed their deception claim with any DVR(Document Verification Report) when they refuse your application or they just refuse you based on your interview given at the time of your application.

Have you ever asked for a DVR or SAR from UKBA to find out the actual reason for UKBA claim.

I have sent you a PM.check your inbox.

Thanks for your reply.




I did not apply for JD on failed HSMP because it was a confusing decision in the decision it says I don't have to leave UK also I can apply again before my leave expires which I did. I am not 100% sure that did UKBA made any DVR but I have a strong believe that it's only refused because of my very first interview. . By SAR you mean Subject Access Request if yes Then I got a copy of my Subject Access Request after my failed HSMP.

Where on SAR I can check did UKBA made any DVR?

It was easy for you to remove that deception in the JR straight after the refusal of your HSMP case.Any way the time is passed by.

Well on the subject access report check your HSMP application information pages.It will be clearly mentioned there about the actual reasons of your refusal.

[Olasunkanmi]

@ nigahban, your case is very complicated because of the deception accusation. I believe that when they ask you what job you were doing, you should have told them you had 2 jobs as when you said you are a lecturer, they would never expect you to be doing another job as an IT manager as both jobs normally requires full time dedication.

The best way to fight your case is not making another application for the moment, but put in a judicial review request and then proof that you did actually had 2 jobs back then. If you cant prove this, then they are very likely to continue to refuse all your application until you clear the deception accusation.

Another option is for you to wait till say 2-3weeks before your present visa expires and submit a fresh application and have it in mind that you are very likely to be refused but you should get an appeal right since your PSW visa will have expired when the application is treated. Getting the appeal right will help you to get section 3C which will extend your PSW while your appeal is pending and you can then focus on the appeal and at the same time your first child will be moving towards the 7years qualification period.

You should also continue your business and keep all necessary records of your investment into the business as this will help if they later want to access your genuineness in doing the proposed business.

[rizwan567]

If you have got the right of appeal in this application then go for Appeal. This whole appeal will be based on the refusal/deception you received 2-3 years back.

If you have not got right of appeal then I would ask you to reapply when your visa is near to expire and get your application refused and you will get the right of appeal. Then you will have chance to make your point of view clear in court.

JR are taking ages these days and home office is mostly not even replying preactions these days.

But I am not expert on this.. just my opinion.

[nigahban]

@ nigahban, your case is very complicated because of the deception accusation. I believe that when they ask you what job you were doing, you should have told them you had 2 jobs as when you said you are a lecturer, they would never expect you to be doing another job as an IT manager as both jobs normally requires full time dedication.

The best way to fight your case is not making another application for the moment, but put in a judicial review request and then proof that you did actually had 2 jobs back then. If you cant prove this, then they are very likely to continue to refuse all your application until you clear the deception accusation.

Another option is for you to wait till say 2-3weeks before your present visa expires and submit a fresh application and have it in mind that you are very likely to be refused but you should get an appeal right since your PSW visa will have expired when the application is treated. Getting the appeal right will help you to get section 3C which will extend your PSW while your appeal is pending and you can then focus on the appeal and at the same time your first child will be moving towards the 7years qualification period.

You should also continue your business and keep all necessary records of your investment into the business as this will help if they later want to access your genuineness in doing the proposed business.

Thanks for your reply and advice.

I have decided to make a fresh application.

Questions Again:

Can i use my old documents such bank statements and company registration .. My Company is 90+ days old now. Or

Do i need to do everything from start..? That would kill image of my business.

[nigahban]

If you have got the right of appeal in this application then go for Appeal. This whole appeal will be based on the refusal/deception you received 2-3 years back.

If you have not got right of appeal then I would ask you to reapply when your visa is near to expire and get your application refused and you will get the right of appeal. Then you will have chance to make your point of view clear in court.

JR are taking ages these days and home office is mostly not even replying preactions these days.

But I am not expert on this.. just my opinion.

Thanks for your reply and advice.

I have consulted with my solicitor and I have decided to make a fresh application.

He said same about the JR and reply of preaction letters from the HO . He said the response to those letters are very very slow and as i only got 3 weeks left of my current FLT so dont want to waste time.

Questions Again:

Can i use my old documents such bank statements and company registration .. My Company is 90+ days old now.

Because i was given full points for me previous application. Or

Do i need to do everything from start..? That would kill my image as a business.

[vinny]

You will probably need fresh up to date bank statements for a fresh application. Is the company registration document time-limited in any way? If it hasn't expired, then it may be okay.

[Olasunkanmi]

@ nigahban,

You should get a recent bank statement to support your fresh application.

You stated that you are already trading in your business, if this is true, then you probably don't need to open another company as doing so will make all your previous trading evidence useless for the new application.

Just attached all trading documents like invoices, contract letters, business bank statements and explain in your covering letter that you still continue to trade in your previous company and see no reason in opening new company when the existing one is already trading.

[sheena121]

can anybody tell me about my case i applied tier 1 entreprenuer visa but it has been refused and apply for ftt and utc appeal refused for not attending the ftt court now i planned for judicial review refusal reason is false bank letter from overseas submitted to home office by agent , but the agent told me its a genuine what should i do can i anybodys give me advice , now i am planning to apply judiciail review i want to re
move the deception.