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General grounds for refusal- please help

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

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dem2232
Newly Registered
Posts: 2
Joined: Sun Sep 05, 2021 8:37 pm
Kazakhstan

General grounds for refusal- please help

Post by dem2232 » Sun Sep 05, 2021 9:12 pm

Hello everyone,
I am considering doing my Masters in the UK next year and applying for the new Graduate route afterwards. I did my Bachelor degree in the UK and graduated in 2014. What worries is me that my application for either visa might be rejected because I didn't register with the police back then. It's in no way an excuse but at the time I didn't understand how important it was (dumb I know). After finishing my degree, I left immediately, so I didn't overstay. As far as I understand, I might be refused under 9.8.1

9.8.1. An application for entry clearance or permission to enter must be refused if:
(a) the applicant has previously breached immigration laws; and
(b) the application is for entry clearance or permission to enter and it was made within the relevant time period in paragraph 9.8.7.


Please help me understand point (b) - does it mean that since I will be applying for a visa in 2022 and 8 years will have passed by then, my application will not be refused?

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: General grounds for refusal- please help

Post by sah10406 » Mon Sep 06, 2021 8:03 am

dem2232 wrote:
Sun Sep 05, 2021 9:12 pm
does it mean that since I will be applying for a visa in 2022 and 8 years will have passed by then, my application will not be refused?
Yes, paragraph 9.8.7(a) confirms that if you left the UK voluntarily at your own expense more than 12 months ago, it would not be a mandatory refusal under paragraph 9.8.1.

It could still be a discretionary refusal under paragraph 9.8.2 but only if someone "previously contrived in a significant way to frustrate the intention of the rules", which seems highly unlikely in this case.

See also paragraph 9.8.3 re: a further future application under the Graduate route.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

dem2232
Newly Registered
Posts: 2
Joined: Sun Sep 05, 2021 8:37 pm
Kazakhstan

Re: General grounds for refusal- please help

Post by dem2232 » Mon Sep 06, 2021 11:59 am

sah10406 wrote:
Mon Sep 06, 2021 8:03 am
See also paragraph 9.8.3 re: a further future application under the Graduate route.
Thank you so much! So, my application to the Graduate route may be refused at the discretion of the officer. Do you know by any chance how likely it is, roughly speaking? I know that no-one can answer that, but maybe it's something like 90% refusal because it's a gross violation or something.

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: General grounds for refusal- please help

Post by sah10406 » Mon Sep 06, 2021 12:23 pm

dem2232 wrote:
Mon Sep 06, 2021 11:59 am
Do you know by any chance how likely it is, roughly speaking? I know that no-one can answer that, but maybe it's something like 90% refusal because it's a gross violation or something.
See my comments on my previous reply. Best discuss it with your Student visa sponsor.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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