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Expert advice needed on dependant application

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

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Deepshithole2010
Member
Posts: 159
Joined: Wed May 26, 2010 11:37 am

Expert advice needed on dependant application

Post by Deepshithole2010 » Mon May 30, 2011 11:19 am

Dear friends,
My unfortunate story begins on 27th Jan 2009.

Me and my wife had a valid stay up to 31st Dec 2008.

We both made an application for my PSW on 14th Oct 2008 (She was obviously my dependant)

My application (& hers) got refused on the 27th Jan 2009 under 320 7(b) for which i made an on time appeal but the solicitor advised not to appeal for my wife as her application is linked to mine so if i win the case she would automatically be able to apply with me.

Whilst my appeal was in progress my wife decided to leave the country as we were virtually left with no income and she left on the 15th of Sept 2009.During this time whilst my appeal was still in progress I made another application for tier 4 which was granted to me on the 27th Dec 2009 upto 13th Dec 2012 and even then my appeal was not decided. My wife applied for her visa from India and she was refused on the grounds that she has overstayed in the country 1st of Jan - 15th of Sept 2009 and was issued 1 year ban up until 15th of Sept 2010 . My appeal was finally decided on the 15th of Aug 2010 which i lost. We decided to wait and serve the ban period and then she made another application in April 2011 and this time they refused again sighting the reason that she had overstayed her visa for 9 months in 2009 and also stating that i had provided a photocopy of the bank statements and not original.

My worry now is what are the chances of her next application being successful (this time obviously i'll send everything original)??

Any advice/suggestion is very welcome to make her next application successful. Please feel free to ask any info if you are confused abt anything.

I appreciate i have put down lot of info for all of you to digest before replying to my query.Thanks for reading.

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Re: Expert advice needed on dependant application

Post by terriblescream » Mon May 30, 2011 10:20 pm

Deepshithole2010 wrote:Dear friends,
My unfortunate story begins on 27th Jan 2009.

Me and my wife had a valid stay up to 31st Dec 2008.

We both made an application for my PSW on 14th Oct 2008 (She was obviously my dependant)

My application (& hers) got refused on the 27th Jan 2009 under 320 7(b) for which i made an on time appeal but the solicitor advised not to appeal for my wife as her application is linked to mine so if i win the case she would automatically be able to apply with me.

Whilst my appeal was in progress my wife decided to leave the country as we were virtually left with no income and she left on the 15th of Sept 2009.During this time whilst my appeal was still in progress I made another application for tier 4 which was granted to me on the 27th Dec 2009 upto 13th Dec 2012 and even then my appeal was not decided. My wife applied for her visa from India and she was refused on the grounds that she has overstayed in the country 1st of Jan - 15th of Sept 2009 and was issued 1 year ban up until 15th of Sept 2010 . My appeal was finally decided on the 15th of Aug 2010 which i lost. We decided to wait and serve the ban period and then she made another application in April 2011 and this time they refused again sighting the reason that she had overstayed her visa for 9 months in 2009 and also stating that i had provided a photocopy of the bank statements and not original.

My worry now is what are the chances of her next application being successful (this time obviously i'll send everything original)??

Any advice/suggestion is very welcome to make her next application successful. Please feel free to ask any info if you are confused abt anything.

I appreciate i have put down lot of info for all of you to digest before replying to my query.Thanks for reading.
If your wife did not intend to appeal she should not have stayed back in the UK, obviously she has over stayed, and until the ban completes all her applications would be rejected!

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue May 31, 2011 12:11 am

Deepshithole2010 wrote:was issued 1 year ban up until 15th of Sept 2010
What did her latest refusal say regarding her ban period?
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.

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Re: Expert advice needed on dependant application

Post by terriblescream » Tue May 31, 2011 12:17 am

Deepshithole2010 wrote:she made another application in April 2011 and this time they refused again sighting the reason that she had overstayed her visa for 9 months in 2009
If the ban is up why does the refusal say it again!!

Deepshithole2010
Member
Posts: 159
Joined: Wed May 26, 2010 11:37 am

Post by Deepshithole2010 » Tue May 31, 2011 9:33 am

Hi Vinny/Terriblescream

Her first refusal back in 2010 stated the ban period to be 12 months which she has completed. In the secnd refusal which happened just few weeks ago this what they had to say...........

You have applied for an entry clearance as a tier 4 dependant to the UK until 13/12/2012 . I have considered your application under paragraph 319 C,320 7a and 320 7b.

The Decision
I noted that you have previously been refused an entry clearance as tier 4 dependant of Mr XXXX on 08/04/2010 . This was because you were in breach of your immigration condition in UK. Enquiries made at that time showed that you were refused entry clearance on 27/1/2009 however you chose not to leave UK until 15/09/2009 some eight months later, we also note that you failed to disclose this information in section 6.8. You made an appeal against this refusal stating that your husband made an appeal against his refusal therefore you were not aware that you have overstayed. This appeal was dismissed on the 14/10/2010 because the immigration judge looked at your appeal and your visa application that you did not declare the immigration breach. I also note the judge in his statement stated...."the fact that her husband may have filed a seperate application/refusal that he was appealing could not pssibly legitimise the Applicant's stay . Plainly she overstayed and therefore were in breach of her conditions attached to her previous refusal".

Finally you have submitted photocopies of your sponsors bank statement from HSBC , however the published guidance states that original documents must be submitted. Whilst it is possible that this maybe a photocopy of the original there is also a possibility that that during the photocopying process some changes might have been made and the integrity of the documents compromised. You have not submitted any other documents other than the photocopies , you have therefore not shown you have enough funds available in accordance with the guidelines given at that time.Your application is therefore REFUSED as you do not meet the requirement of paragraph 319C (g) of the immigartion Rules.





He has futher gone on to say that there has been no breach of Human rights convention and he has given my wife the right to Appeal with form IAFT -2

It also states at the bottom that "You are strongly advised to submit all relevant documents with your notice of appeal as it maybe possible to resolve the points at issue without an appeal hearing.

Thanks guys

Deepshithole2010
Member
Posts: 159
Joined: Wed May 26, 2010 11:37 am

Post by Deepshithole2010 » Wed Jun 01, 2011 1:46 pm

Hi Vinny/Susdmehta/John & anyone else who have any experience of this kind of a situation kindly advise me,pleease.

Thanks,

Deepshithole2010
Member
Posts: 159
Joined: Wed May 26, 2010 11:37 am

Post by Deepshithole2010 » Sat Jun 04, 2011 11:34 am

Hi Guys,
Please post replies,eagerly awaiting some responses. For God's sake please help me out of this mess.

Thanks

ddb
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Posts: 220
Joined: Sun May 29, 2011 4:08 pm
Location: :)

Post by ddb » Sat Jun 04, 2011 12:45 pm

Deepshithole2010 wrote:You have applied for an entry clearance as a tier 4 dependant to the UK until 13/12/2012 . I have considered your application under paragraph 319 C,320 7a and 320 7b.

The Decision
I noted that you have previously been refused an entry clearance as tier 4 dependant of Mr XXXX on 08/04/2010 . This was because you were in breach of your immigration condition in UK. Enquiries made at that time showed that you were refused entry clearance on 27/1/2009 however you chose not to leave UK until 15/09/2009 some eight months later, we also note that you failed to disclose this information in section 6.8. You made an appeal against this refusal stating that your husband made an appeal against his refusal therefore you were not aware that you have overstayed. This appeal was dismissed on the 14/10/2010 because the immigration judge looked at your appeal and your visa application that you did not declare the immigration breach. I also note the judge in his statement stated...."the fact that her husband may have filed a seperate application/refusal that he was appealing could not pssibly legitimise the Applicant's stay . Plainly she overstayed and therefore were in breach of her conditions attached to her previous refusal".

Finally you have submitted photocopies of your sponsors bank statement from HSBC , however the published guidance states that original documents must be submitted. Whilst it is possible that this maybe a photocopy of the original there is also a possibility that that during the photocopying process some changes might have been made and the integrity of the documents compromised. You have not submitted any other documents other than the photocopies , you have therefore not shown you have enough funds available in accordance with the guidelines given at that time.Your application is therefore REFUSED as you do not meet the requirement of paragraph 319C (g) of the immigartion Rules.
I think the primary reason for refusal was failure to demonstrate enough Maintenance (funds), having only submitted copies. If you submit all the relevant up-to-date original documents, you should be fine.

Their reference to your wife overstaying was just them letting you know that they took that they'd taken note of that fact whilst going through your wife's application (you'd maybe need to attach a cover letter explaining the circumstances at the time), unless she forgot to mention it again (Section 6.6 of the form); then that makes things a bit complicated (you'll probably need a good immigration solicitor).

That's just my two pence. Others, please advise/comment.
Last edited by ddb on Mon Jun 06, 2011 1:57 pm, edited 1 time in total.

Deepshithole2010
Member
Posts: 159
Joined: Wed May 26, 2010 11:37 am

Post by Deepshithole2010 » Mon Jun 06, 2011 1:15 pm

DDB Thanks for your reply. More expert advise needed please

chahat28
Newly Registered
Posts: 1
Joined: Fri Jul 08, 2011 8:12 am
Location: LONDON

please advice for tier 4 studen visa

Post by chahat28 » Fri Jul 08, 2011 8:19 am

Hi i understand you had been on 320 7 (b), i have a same situation here and i was refused under tier 1 general in jul-2010, then we went for appeal and it was partial allowed , then h.o refused my application again and we did appeal, which has been dismissed now, could you please tell me how i can apply for tier-4 visa, and if i do what are the chance of getting it. Deepshithole2010 would you mind giving me your contact no for further discussion, i would be very gratefull. many thanks.

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