visa ban

my friend was denied entry in the uk last year around march on claims that she was working beyond 20hrs on a student visa. Her work was as a result of an nvq course she was doing. the course was been offered by a uk university. this resulted to her been seperated with her husband (how is currently an international students in the uk) and 2 years old son who is currently in the uk.
she is in the processes of collecting evidence to make a student dependant visa application when she found the visa ban rule. we realise that there is a grace period for people living illigally in the uk to leave the uk between 13-march and 1-oct 2008 and make an application before 1-10-2008 for them to avoid been caught by the visa ban. we are just confused if the concession is extended to people who left the uk before 13-march-2008.

gab wrote:
my friend was denied entry in the uk last year around march on claims that she was working beyond 20hrs on a student visa. Her work was as a result of an nvq course she was doing. the course was been offered by a uk university. this resulted to her been seperated with her husband (how is currently an international students in the uk) and 2 years old son who is currently in the uk.
she is in the processes of collecting evidence to make a student dependant visa application when she found the visa ban rule. we realise that there is a grace period for people living illigally in the uk to leave the uk between 13-march and 1-oct 2008 and make an application before 1-10-2008 for them to avoid been caught by the visa ban. we are just confused if the concession is extended to people who left the uk before 13-march-2008.

She can certainly apply for student dependent visa. And yes as far as I know it is better if she applies before the rule comes into the force.

But it will be difficult to get the visa and she will definitely be rejected but appeal can be won provided she fulfils the immigration rules requirements.

Is her husband still studying and doing satisfactory progress in his studies?

And why your friend worked more than 20 hours?

I think you need to seek some professional advice.

Thanks nethoughts.

You have said that her application will be rejected. Will it be rejected on the bases of her working history in Britain or new visa rules?

Her husband is still studying and doing satisfactory progress in his studies. In fact he passed the last exams released in March and his visa extension in March 2008 was successful.

As I have said before she was doing an NVQ course that required her to do a paid work placement. This course matches a course explanation provided under chapter 12.8 of the ukVisa website the section under NVQ Courses. I think the judgment made by the immigration officer was not fair and she did not deserve to be denied entry into the UK. She desperately needs to travel to the UK to be with her family.

gab wrote:Thanks nethoughts.

You have said that her application will be rejected. Will it be rejected on the bases of her working history in Britain or new visa rules?

Her husband is still studying and doing satisfactory progress in his studies. In fact he passed the last exams released in March and his visa extension in March 2008 was successful.

As I have said before she was doing an NVQ course that required her to do a paid work placement. This course matches a course explanation provided under chapter 12.8 of the ukVisa website the section under NVQ Courses. I think the judgment made by the immigration officer was not fair and she did not deserve to be denied entry into the UK. She desperately needs to travel to the UK to be with her family.

You need to seek professional advice.

My question is if she was refused last March why she waited a year to apply for dependent where as she could have easily applied for student dependent visa after she was sent back.

And another thing she should have appealed the immigration officer's decision if she was wrongly sent back.

Take some legal advice. You need to contact a good consultant or lawyer.