ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Student Dependant visa

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
polo100
Newly Registered
Posts: 18
Joined: Fri Sep 11, 2009 8:56 am

Student Dependant visa

Post by polo100 » Fri Sep 11, 2009 9:05 am

Hi there, my wife is in India and im studying in England , currently on student extension visa till 2011

my wife was refused visa under sec 320 7b as she used deception in her application for PSW by giving fake degree from CCL and is banned for 1 year, now she would like to apply for student dependant visa from India , my ques is : Is she eligible to apply for the same ?
Will this deception charge hinder her future applications for visa?
Can she be granted visa once her ban is over?

Im planning to consult a solicitor for this but these days they are charging fees for around £2000..Is it worth giving for this?

Pls suggest

*when she applied for PSW , we weren't married

Thanks

confusedhsmp
Member of Standing
Posts: 266
Joined: Thu Apr 05, 2007 10:30 pm

Post by confusedhsmp » Fri Sep 11, 2009 9:57 am

It should NOT affect as long as she declares it on the form. Breach of Article 8.

polo100
Newly Registered
Posts: 18
Joined: Fri Sep 11, 2009 8:56 am

Post by polo100 » Fri Sep 11, 2009 11:59 am

yes..she will b declaring the deception ofcourse, but im just worried as in what are the chances of her in getting the visa?

thanks for replyin!!

confusedhsmp
Member of Standing
Posts: 266
Joined: Thu Apr 05, 2007 10:30 pm

Post by confusedhsmp » Fri Sep 11, 2009 12:05 pm

CCL case is quite popular. All she should do is enclose her previous refusal with her application. That should explain it.

chances are more than 50%

polo100
Newly Registered
Posts: 18
Joined: Fri Sep 11, 2009 8:56 am

Post by polo100 » Fri Sep 11, 2009 4:38 pm

thx for replying dude!!

u have really felt me relaxed..that means i can hire a solocitor now and process my application, however there's a minor problem here while declaring teh CCL thing, she hasn't got any refusal letter with her , apparently she has lost it , only appeal form is there with her..i belive it should b ok even if we are showing up in the application form..pls let me know if u have any opinion

thanks again..rgds

immigrationuk2009
BANNED
Posts: 489
Joined: Fri Aug 07, 2009 10:08 pm

Re: Student Dependant visa

Post by immigrationuk2009 » Fri Sep 11, 2009 8:07 pm

polo100 wrote:
Hi there, my wife is in India and im studying in England , currently on student extension visa till 2011

my wife was refused visa under sec 320 7b as she used deception in her application for PSW by giving fake degree from CCL and is banned for 1 year,

now she would like to apply for student dependant visa from India , my ques is : Is she eligible to apply for the same ?

Will this deception charge hinder her future applications for visa?

Can she be granted visa once her ban is over?

Im planning to consult a solicitor for this but these days they are charging fees for around £2000..Is it worth giving for this?

Pls suggest

*when she applied for PSW , we weren't married

Thanks
Hi

First clear one thing she is banned for 10 years not one year as she has used deception and any further application for any visa category would be refused.

If you have appeal right then prove i it that she was wrongly charged for deception.

Even she applied as your dependent her application would be refused.

UK_Banned_Member

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Re: Student Dependant visa

Post by vinny » Fri Sep 11, 2009 10:50 pm

immigrationuk2009 wrote:First clear one thing she is banned for 10 years not one year as she has used deception and any further application for any visa category would be refused.
I believe that the 10-year ban under 320(7B) is applicable if deception was used in support of an entry clearance application.
Last edited by vinny on Sat Sep 12, 2009 7:44 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

immigrationuk2009
BANNED
Posts: 489
Joined: Fri Aug 07, 2009 10:08 pm

Re: Student Dependant visa

Post by immigrationuk2009 » Sat Sep 12, 2009 1:21 am

vinny wrote:
immigrationuk2009 wrote:First clear one thing she is banned for 10 years not one year as she has used deception and any further application for any visa category would be refused.
I believe that the 10-year ban under 320(7B) is applicable if deception was used in support of an entry clearance application.
Hi

Thanks Vinny.I have a look general grounds of refusal and not clear on this thing.

Part 9 - General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom
Immigration rules

Refusal of entry clearance or leave to enter the United Kingdom

320. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused



(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.



(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph

I am not clear on ban time period as it is saying used deception ten years ago.

I believe for deception ban is ten years.

UK_Banned_Member

polo100
Newly Registered
Posts: 18
Joined: Fri Sep 11, 2009 8:56 am

Post by polo100 » Sat Sep 12, 2009 5:54 am

i have checked with few consultants and they confirmed taht ban is for 1 year , if she would have been deported , then the ban would have been for 10 yrs.

polo100
Newly Registered
Posts: 18
Joined: Fri Sep 11, 2009 8:56 am

Post by polo100 » Sat Sep 12, 2009 5:56 am

CaN u pls confirm if she's eligible to apply after 1 year i.e. when her ban period is finished?
thanks!

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Sep 20, 2009 9:51 pm

vinny wrote:Yes, provided you are eligible and don't fall under any other grounds for refusal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

immigrationuk2009
BANNED
Posts: 489
Joined: Fri Aug 07, 2009 10:08 pm

Post by immigrationuk2009 » Sun Sep 20, 2009 10:25 pm

Hi
vinny wrote:
vinny wrote:Yes, provided you are eligible and don't fall under any other grounds for refusal.
Check this link given by one member of this forum.Yes its look ban is for one year if left not at public expense.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


UK_Banned_Member

polo100
Newly Registered
Posts: 18
Joined: Fri Sep 11, 2009 8:56 am

Post by polo100 » Mon Oct 05, 2009 4:16 pm

hi all,
i have been in touch with a solicitor from London , his present advise is to apply for the student dependant visa ASAP as he;s saying that the ban is from the date deception is being used in the visa process.

h/ever i'm still not very sure if v should wait for 1 yr.of her leave from u.k.

any suggestions r welcome!!

thanks

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Fri Jan 08, 2010 8:31 pm

RFL5.3 How long are applicants automatically refused for? wrote:Where an applicant has overstayed, breached a condition of leave, was an illegal entrant or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK. Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked
cron