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Fresh Tier 4 Entry Clearance

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

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kkj
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Posts: 141
Joined: Fri Nov 26, 2010 8:15 pm
Location: Bermuda Triangle

Fresh Tier 4 Entry Clearance

Post by kkj » Tue Feb 01, 2011 8:34 pm

The applicant circumstances are:

October 2004 - Got entry clerance
December 2005 - Got 1st extension
November 2006 - Got 2nd extension
September 2007 - Got 3rd extension till 31st March 2009

March 2009 - applied for 4th extension

April 2009 - Extension application returned with the reason of invalid photographs and instructed by UKBA to re-apply under PBS Tier 4 which was enforce from 31st of March 2009.

April 2009 - Re-apply under tier 4 rules

October 2009 - Extension refused due to using deception. As per above circumstances, it was an out-of-time application, so no appeal rights given by UKBA.

October 2009 - Applicant accept the decision and left UK volunterily on own expenses within 2 weeks of refusal with one-year ban which is clearly stated in refusal letter.

Now:

Now after one year and three months (after serving one-year ban) same applicant applying for Tier-4 Student entry clearance with Highly Trusted Sponsor and with good own bank statement.

Q1: What are the chances of success of Tier 4 application?

Q2: Is there any reason of refusal you can see for "aggravating circumstances" as per above circumstances?

Q3: Except 320(7b) or 320(11), is there any other section can refuse Tier 4 application?

Experts/seniors please help!
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My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Re: Fresh Tier 4 Entry Clearance

Post by pennylessinindia » Wed Feb 02, 2011 12:41 pm

kkj wrote:


October 2009 - Extension refused due to using deception. As per above circumstances, it was an out-of-time application, so no appeal rights given by UKBA.

October 2009 - Applicant accept the decision and left UK volunterily on own expenses within 2 weeks of refusal with one-year ban which is clearly stated in refusal letter.



Experts/seniors please help!


10 year ban would think will be given IMHO
pennyless

kkj
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Posts: 141
Joined: Fri Nov 26, 2010 8:15 pm
Location: Bermuda Triangle

Post by kkj » Wed Feb 02, 2011 6:59 pm

@less

Can you please explain your awnser?
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My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Post by pennylessinindia » Thu Feb 03, 2011 3:31 pm

kkj wrote:@less

Can you please explain your awnser?
RFL5.3 How long are applicants automatically refused for?
If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:
1 year if they left the UK voluntarily, whether or not at public expense;
5 years if they left UK voluntarily, at public expense;
10 years if they were removed or deported from the UK;
10 years if they practised deception (which includes using false documentation) in support of a previous visa application.
pennyless

kkj
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Posts: 141
Joined: Fri Nov 26, 2010 8:15 pm
Location: Bermuda Triangle

Post by kkj » Thu Feb 03, 2011 5:50 pm

OK, thanks.

But just to let you know 320(7b) does no work after ban period. It will only applied if somebody apply within ban period.
Last edited by kkj on Tue Feb 08, 2011 4:42 pm, edited 1 time in total.
**********************************************************
My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

kkj
BANNED
Posts: 141
Joined: Fri Nov 26, 2010 8:15 pm
Location: Bermuda Triangle

Post by kkj » Tue Feb 08, 2011 4:33 pm

The applicant circumstances are:

October 2004 - Got entry clerance
December 2005 - Got 1st extension
November 2006 - Got 2nd extension
September 2007 - Got 3rd extension till 31st March 2009

March 2009 - applied for 4th extension

April 2009 - Extension application returned with the reason of invalid photographs and instructed by UKBA to re-apply under PBS Tier 4 which was enforce from 31st of March 2009.

April 2009 - Applicant re-applied under tier 4 rules within 10 days

October 2009 - Extension refused with 322(1a) false documents. As per above circumstances, it was an out-of-time application, so no appeal rights given by UKBA. Applicant accept the decision and left UK volunterily on own expenses within 2 weeks of refusal with one-year ban [320(7b)] which is clearly stated in refusal letter.

Now after one year and three months (after serving one-year ban) same applicant applying for Tier-4 Student entry clearance with Highly Trusted Sponsor and with good own bank statement.

My question is "Is there any reason of refusal you can see for 320 (11) "aggravating circumstances" as per above circumstances?

Help! Help! Help!
**********************************************************
My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

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