ILR LR application

Dear Moderators and members

Thanks for everyone who are spending time to contribute to this forum.
I am a new member to this forum but follows this forum from years.
Please read my story and give any suggestions

I came to the Uk Aug 2005 as a student.
Applied for HSMP in mid of 2007 while on student visa, approved and gone to home country for entry clearance. Visa rejected. Came back to Uk on same student visa which was still valid. Appealed in the UK and won in 2008. Gone back to home country mid of 2008 for entry clearance. Waited for more than 4 months and withdrawal the application, because waited for more than 4 months no answer from home office. I was due to submission of project at university, so withdrawal the application.

Later I was on Student visa until February 2010, gone back to home country before the student visa expires.

Returned as tier-4 dependent on June 2010.

Got extension as psw dependent in October 2012.

Another extension as tier-1 dependent in October 2014.

Now booked for ILR LR premium service in four weeks to attend.

I have received my SAR today with bunch of around 180 papers. One of them dated as back in September 2008 saying I have used false bank statement in the application of hsmp entry clearance hence further visa applications will be refused until September 2018. I have submitted my uncles bank statement who was my sponsor. Actually I have withdrawn my HSMP entry clearance application in September 2008 but the visa refusal letter saying November 2008. How can it be possible. HO processed my application after my withdrawal and returned documents?

I am due to attend the peo appointment in 4 weeks time.

I am really shocked after seeing the rejection letter, which I never received.

Now the fear is can I attend the peo appointment or just cancel my appointment.

If My further visa applications will refuse until November 2018 as stated on the letter dated November 2008, I have 4 successful extensions after that. And gone for many holidays to home country, never had problems with UKBA at immigration.

Do I have to wait until 2018 for ILR?

Now is it will be problem to travel and come back from the country?

Experts please leave your views.

Many thanks in advance.

Regards

Svatuk

By the time you withdrew your application checked probably were still in process, they then updated their systems as a result of those checks and left a note that Subject Access Report is now showing.

As it was out of country application data may not have been shared with the local office which dealt with your subsequent extension applications. And this could simply be because of handling applications manually
Considering the extensive and enhanced checks at ILR stage and if it says your further visa applications will be refused made within next 10 years time you should mentally prepare yourself for it and if deception that they say you used you did not actually use and you can prove that this is the time you need to do something about it.

Since you know there has been a deception is where it makes your situation critical because you need to declare as application asks if you ever have used deception to get Leave to enter or remain, not declaring will be a further offence and declaring it will be a firm refusal I feel sorry about you at this point,

This would not now make any difference you made a postal or same day service application! Your primary objective should be to remove the deception because this may harm your this application and any subsequent applications citizenship etc.

To get further information or options as to how to deal when deception accusation when it was not your fault you should look through this board for the cases relevant to your situation

tiredoftiers wrote:By the time you withdrew your application checked probably were still in process, they then updated their systems as a result of those checks and left a note that Subject Access Report is now showing.

As it was out of country application data may not have been shared with the local office which dealt with your subsequent extension applications. And this could simply be because of handling applications manually
Considering the extensive and enhanced checks at ILR stage and if it says your further visa applications will be refused made within next 10 years time you should mentally prepare yourself for it and if deception that they say you used you did not actually use and you can prove that this is the time you need to do something about it.

Since you know there has been a deception is where it makes your situation critical because you need to declare as application asks if you ever have used deception to get Leave to enter or remain, not declaring will be a further offence and declaring it will be a firm refusal I feel sorry about you at this point,

This would not now make any difference you made a postal or same day service application! Your primary objective should be to remove the deception because this may harm your this application and any subsequent applications citizenship etc.

To get further information or options as to how to deal when deception accusation when it was not your fault you should look through this board for the cases relevant to your situation

Thanks for the reply

I have applied (entry clearance) out of country in 2010 after this issue from tier-4 to tier-4 dependent. No issues at that time. Do you mean it will be problem if I apply even after 2018?

It will be a problem at immigration if go out of country for holiday and come back?

I feel ''considering your in country applications being successful in the past after that application'' they were not aware of the deception your SAR request made them bring your out of country data and put it together for the request you made.

I never said applications after 2018 will be refused I simply replicated what you said in your post. the date when they said that is applied for this purpose anyway

if they have read your file now that they did not(you would not have got visa extensions otherwise) on your extensions occasions there can be problems when you return to UK. when they stop if they stop you entering,point that they normally make and use is you should not have got the visa (having this deception) at first place what it means is you would not have got this visa if they were aware of this deception and the words that they recorded in their system about you. so there can not be a precise answer whether they curb your entry to UK when you return from a foreign trip.

I don't think so if HO managing applicants data in this way, they have a centralised system doesn't matter whereever you from apply or get rejects they always have one data base where they get your information from and at the time of first application they creates reference which throughout the application remains the same so no matter if you even get rejects for what so ever reason, they always aware of your history while granting any visa...

i doubt that !!

it has been a number of cases in the past I have seen

One of my friend had very similar case like him, he was also refused for hsmp visa and put the deception on him, then he again aplied for tier 1 then extension and finally he granted ILR...

Blocked Username wrote:One of my friend had very similar case like him, he was also refused for hsmp visa and put the deception on him, then he again aplied for tier 1 then extension and finally he granted ILR...

Dear Blocked Username

Thanks for the comment. Did your friend applied by post or by premium service, was it long back ?

I am worrying a lot to make a trip to home country.

Regards

Svatuk

svatuk wrote:

Blocked Username wrote:One of my friend had very similar case like him, he was also refused for hsmp visa and put the deception on him, then he again aplied for tier 1 then extension and finally he granted ILR...

Dear Blocked Username

Thanks for the comment. Did your friend applied by post or by premium service, was it long back ?

I am worrying a lot to make a trip to home country.

Regards

Svatuk

My friend got ilr last year in sept and had applied on LR by post..

Members thanks for your responses

I have a doubt, if I apply for ILR is there any chance they may revoke my current visa ?
Has any one had this type of experience?

Your advices are highly appreciated

Regards

svatuk

Any suggestions please

Svatuk, please send me your number in private message . I have a similar situation

svatuk wrote:Members thanks for your responses

I have a doubt, if I apply for ILR is there any chance they may revoke my current visa ?
Has any one had this type of experience?

Your advices are highly appreciated

Regards

svatuk

Hi Svatuk,
I strongly recommend you dont worry, apply through peo. You have not used deception in the past- so no need to mention what you read in the SAR in your application form. When you go to peo, pls be confident; your outward appearance should be cheerful, there should not be signs of fear on you. we'll rejoice with you here IJN.

acha001 wrote:Svatuk, please send me your number in private message . I have a similar situation

thanks for the reply. and sorry for responding late. I can not send or receive pm until finish 10 posts.

goodmann wrote:

svatuk wrote:Members thanks for your responses

I have a doubt, if I apply for ILR is there any chance they may revoke my current visa ?
Has any one had this type of experience?

Your advices are highly appreciated

Regards

svatuk

Hi Svatuk,
I strongly recommend you dont worry, apply through peo. You have not used deception in the past- so no need to mention what you read in the SAR in your application form. When you go to peo, pls be confident; your outward appearance should be cheerful, there should not be signs of fear on you. we'll rejoice with you here IJN.

Thanks for the post. Really appreciate your suggestion.

acha001 wrote:Svatuk, please send me your number in private message . I have a similar situation

Hi Acha001

I have sent you a pm with my number.

Regards

svatuk

acha001 wrote:Svatuk, please send me your number in private message . I have a similar situation

Hi acha001
I have sent you a private message. Pls have a look.
Or contact me on email

Regards

Moderator Edit

svatuk wrote:Members thanks for your responses

I have a doubt, if I apply for ILR is there any chance they may revoke my current visa ?
Has any one had this type of experience?

Your advices are highly appreciated

Regards

svatuk

Hi svatuk,

if they have sent to you this letter then there must be a real problem with it, did they mention that they are revoking your current status ?
did they also include appeal form ?

Boris89 wrote:

svatuk wrote:Members thanks for your responses

I have a doubt, if I apply for ILR is there any chance they may revoke my current visa ?
Has any one had this type of experience?

Your advices are highly appreciated

Regards

svatuk

Hi svatuk,

if they have sent to you this letter then there must be a real problem with it, did they mention that they are revoking your current status ?
did they also include appeal form ?

@Boris89

No they haven't mentioned anything about revoke or any appeal form. I don't think they usually send revoke letters or appeal forms with SAR report. It is the SAR report which I've received some days ago which is contains of all the visas granted and if any rejections and reasons for rejections.

I am still in dilemma whether to apply or not. Gurus or senior members help please.

Regards

svatuk

Dear all Moderators and members

I've previously mentioned in one of my post about the deception on me. The refusal letter states the immigrations rules 320 7a and 7b and further visa applications will be refused for ten years (having it until 2018).

While searching on the web I have found in

"IMMIGRATION RULES PART-9: GROUNDS FOR REFUSAL

General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom (paragraphs A320 to 324)

REFUSAL OF ENTRY CLEARANCE OR LEAVE TO ENTER THE UK
applicable only for IMMIGRATION RULES 320

REFUSAL OF LEAVE TO REMAIN, VARIATION OF LEAVE TO ENTER OR REMAIN OR CURTAILMENT OF LEAVE
applicable only for IMMIGRATION RULES 322".

In my case I have refusal under 320 7a and 7b (false document used, further visa applications will be refused for ten years) that means this will not effect my ILR LR application under the general grounds of refusal, where in the guidance of general grounds of refusal for ILR did not mentioned about the 320 at all. It is all about 322.

can anyone please advise on this and please correct if I am wrong. Many thanks in advance.

Regards

svatuk

Hello All

Will Home Office accept the IELTS passed in 2004? which was previously accepted with the entry clearance application.

Some one said rules have changed and now they don't accept the old once.

Please clarify, if some one knows about it.

Regards

svatuk

You need level B1 from one of the approved providers and approved tests in the link below.

https://www.gov.uk/government/uploads/s ... ctober.pdf

CR001 wrote:You need level B1 from one of the approved providers and approved tests in the link below.

https://www.gov.uk/government/uploads/s ... ctober.pdf

Many Thanks for the link. That means then they don't accept it after 5th of November, is it right?

Please suggest

Regards

svatuk

Yes, if it is not on the list, it won't be accepted now.

I dont understand that part.
IELTs is on the list and AFAIK it is accepted if it has been used with the initial entry clearance even it has been expired. Am I mistaken ?