Applied Tier 4 after deception refusal last year, what are chances?

Hi experts,

Hope everyone is doing good.

I applied for UK visit visa last year but it was refused under deception as UKVI thinks my employment was not genuine

Actually, my employment was genuine, it was HR mistake who was new and had no access to full employee database and gave wrong details to UKVI when they called.

I have now applied for Tier 4 visa (after 1 year my first refusal). I have explained what happened and also have enclosed letter from HR, my work email address, my pay cheques etc to prove my employment was indeed genuine.

With regards to my Tier 4 application, I received email this morning from UKVI saying they needed to do enquires so they cannot make decision inline with their standard timelines.

I am just worrying will I get refusal again? will UKVI consider fresh evidence and remove deception? Any idea what outcome would be?

This is my refusal letter --

You should note that because this application for entry clearance has been refused under paragraph 3.6 of Appendix V of the Immigration Rules, any future applications may also be refused under paragraph 3.7 of Appendix V or 320 (7B) of the Immigration Rules, (subject to the requirements set out in paragraph A320).

A refusal under paragraph 3.7 of Appendix V or 320 (7B) of the Immigration Rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or submission of falsified documents or information was employed.

The use of false documents and representations in your application for a visa causes me to doubt the veracity of other statements you have made in support of your application, to the

extent that I am not satisfied you are genuinely seeking entry as a visitor, for the limited period stated by you.

Any advice greatly appreciated. Thanks

Miracles may happen but chances are very low / close to zero. At the previous refusal was based on deception, it gets you a 10 year ban. Lets hope the caseworker would go into the substance and realise that previous refusal was a mistake.

Thanks for the quick response. I also enclosed my employment letter that was attested and apostle by the central govt. agency (Ministry of External Affairs).

Do you think this is sufficient to proof previous refusal was mistake?

The refusal based on deception is rather serious as it attracts a 10 year ban. The initial case worker must have been convinced that part of your application was based on forged or not genuine documents. Once he refused on that basis, it will flag any further application you make.

When I used to make applications and my employment was a factor, I used to call HR myself and explain that a verification may be carried out. Just to avoid incidents.

At the moment, it's hard to tell really. If you lucky, they will look again, make the checks and get back to you with a positive result. And honestly, I think this what they are doing at the moment. Because if they wanted to apply blindly the 10 year ban, the could have refused your application automatically without any further checks.

So lets hope for the best.

I never liked HR people.

Thank you so much for the positive response. Hope they come back with positive news too.

I will update you should anything changes. Thanks again

sunithap wrote: ↑

Tue Oct 06, 2020 10:25 am

I am just worrying will I get refusal again? will UKVI consider fresh evidence and remove deception? Any idea what outcome would be?

You have a 10-year automatic refusal period.

Thanks but I didn't actually used any deception. My bank statements, payslips, my name on our company website (team deails), work email address are proof of my employment. It was HR mistake and not fair punishing me without considering all these supporting evidences.

Hi guys, could some please advice?

Bad news. I received refusal again for using deception with my previous application but that was an incorrect finding by the home office. I never used deception.

I submitted a lot of evidence to prove my employment that was submitted with my previous application was genuine.

1. Bank statement - shows salary credits
2. Company website - that has my name in the team list
3. Visa applied with a work email address. The decision letter was sent to this email
4. Employer letter - confirming incorrect information provided to the home office when they called for last visa application
5. Govt certified and apostle employment letter -

The home office never spoke to my management. They spoke to trainee HR lady who is not even authorised to answer such enquiries but home office made the decision on such false and unauthorised information.

The new refusal latter says, they tried to contact my employer but they couldn't able to so they satisfied that my employment letter was not genuine. Given AR option to be submitted within 28 days.

But my employer says they didn't get any emails or phone calls.

Can I apply AR? I listed all emails my employer checked and phone numbers -- they received no email/ call from home office/ UKVI and am going to submit AR highlighting that caseworker did not speak to authorised person and my employer didn't receive any emails or calls etc

Do you think my AR will be successful? If not, can I go for judicial review? -- I read some posts regarding a judicial review that can help people in my situation.

Please advice. Thanks

Similar.

Sometimes judicial review is a lengthy process, but worth to try as you're saying you have all genuine evidences.

Thanks