My husband's tier 1 dependant visa refused

[SnF]

My husband is pakistani and has been in the Uk on a student visa since 6 years.
I am an Indian and I applied for a Tier 1 general visa on 9 March 2010 and got my visa on the 22 March 2010.

Once I reached UK we hired a solicitor to help us with my husbands dependant visa. The solicitor made my husband apply for his dependant visa from UK, and it got refused stating that-


In view of the fact that you currently have leave in the UK as a student, The Secretary of State is not satisfied that you have, or have been granted, leave to remain in the United Kingdom as:

* the partner of a relevant points-based system migrant, or
* the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of the Immigration Rules who has since been granted, or is, at the same ime, being granted leave to remain as a Tier 1 Migrant.

Therefore you do not satisfy the requirements of the Immigration Rules for this category and it has been decided to refuse your application for leave to remain as a Partner of a Tier 1 Migrant under paragraph 319C of the Immigration Rules as you do not meet the requirement at paragraph 319(h).

There was so right of appeal given.

Then he went back to Pakistan and re-applied, this time in the application form in the question 6.8 which says Have you made an application to the Home Office to remain in the UK in the last 10 years and we forgot to mention the application we made from UK.

So they refused it AGAIN saying-

You have stated on you visa application form at question 6.8 that you have made three applications to Home office in the last 10 years to remain in the UK. However checks have revealed that you were refused to Leave to Remain on 27/05/2010 as a dependent of a PBS migrant. You have failed to declare this and I consider this a material fact in relation to your application. Your application falls to be refused under paragraph 320 (7A) of HC 395.

(7A) where false representations have been made or false documentation of 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.

I therefore refuse your application under paragraph 320 (7A) and 319C(a) of the immigration rules.

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Your right of appeal

You are entitled to appeal against the decision under section 82 (1) of the Nationality. Immigration and Asylum act 2002. If you wish to appeal you should complete Appeal form IAFT-2, a copy of which will be given to you with this notice. A guidance leaflet is also enclosed which explains what to do.

If you decide to appeal against the refusal of this application, the decision will be reviewed with your grounds od appeal and any supporting documents. You are strongly advised to submit all relevant documents with your notice of appeal, as it may be possible to resolve the points at issue without an appeal hearing.



We do not want to go for appeal as it will take too long and i am all alone in the UK.[/b]

[Wanderer]

Think u've buggered it by 'forgetting' to mention the previous refusal, tantamount to fraud I'm afraid.

[SnF]

We have decided to go for fresh application and to mention the previous refusal and a letter stating that we made a mistake and missed out on that question.

[Wanderer]

We have decided to go for fresh application and to mention the previous refusal and a letter stating that we made a mistake and missed out on that question.

And don't forget to mention both refusals.

[SnF]

We are going to mention both the refusals and submit the original refusal letters as well.

[alikhan28]

We have decided to go for fresh application and to mention the previous refusal and a letter stating that we made a mistake and missed out on that question.

Not a good idea unless you clear yours deception claim.Remembered home office can easily refuse you saying you were refused previously on deception.

SO appeal is a must thing to do otherwise you would waste your visa application fee.

Ali

[SnF]

Hi Ali

If we are mentioning about the refusals and also attaching both the refusal letters and a letter stating that we ignorantly missed out on that question, shouldn't it be clearing the deception claim???

[alikhan28]

Hi Ali

If we are mentioning about the refusals and also attaching both the refusal letters and a letter stating that we ignorantly missed out on that question, shouldn't it be clearing the deception claim???

No absolutely No.

You would invite one more refusal.

Why you are not going for appeal knowing there this is free?
If you have evidence you should go for appeal.
Without appeal there is a huge risk.

Ali

[SnF]

Appeal takes around 6 months to a year, i cant live here all alone for that long, i am new here and i dont know anyone. Why is it wrong to appologise and just let them know about the mistake we made.

[SnF]

Do you know off a case like ours???

[alikhan28]

Appeal takes around 6 months to a year, i cant live here all alone for that long, i am new here and i dont know anyone. Why is it wrong to appologise and just let them know about the mistake we made.

They dont need yours apology.Do they?

You can do that but as I said there is a huge risk and looking a clear refusal.

I know appeal times are horrible but you have no other option.

What you will do if home office refuse again?
And yours case file would add one more refusal.

I am wondering do you have full rights of appeal? To me Tiers applicants can only ask for administrative review.

I belive you have no full rights of appeal and winning appeal on human right or discrimination would not be an easy thing.

First check do you have full right of appeal or not.

Ali

[SnF]

I have full rights of appeal, i have also mentioned it above in my case story.

[alikhan28]

I have full rights of appeal, i have also mentioned it above in my case story.

How ignorant you are my friend?

I have just double checked and seen you have no full right of appeal.

You only have limited right of appeal(on human right or discrimination.

so only yours option is ask for administrative review.here is from uk government website.

Can I appeal if my application is refused?

Outside the United Kingdom a refusal of entry clearance under PBS does not attract a full right of appeal. You can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

* that the decision is unlawful by virtue of Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities), and/or
* that the decision is unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant's Convention rights.

However, all applicants can apply for an Administrative Review, which is a mechanism for reviewing refusal decisions. See separate question on 'What is Administrative Review?'.

Here is a link

http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant

Ali

[geriatrix]

Dependants of points-based system Migrants have a limited right of appeal where the main applicant has had their entry clearance application refused. Where the main migrant has been successful in their entry clearance application, their dependants will have a full right of appeal, if their application is refused.

How ignorant you are my friend?

regards

[geriatrix]

SnF, what's more important for you - your spouse being banned from entering the UK for a fixed time period OR ensuring that your spouse clears himself of the accusation, even if it takes 6-12 months?

(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.

A mistake, such as this one (forgetting to mention earlier refusals), is one of the reasons why 320(7A) exists! Therefore, a mere letter of apology may not be good enough to overturn the current refusal or to ensure that future EC applications do not attract an automatic refusal (and a possible ban under 320(7B)).

See also Meaning of false representation.

regards

[alikhan28]

Dependants of points-based system Migrants have a limited right of appeal where the main applicant has had their entry clearance application refused. Where the main migrant has been successful in their entry clearance application, their dependants will have a full right of appeal, if their application is refused.

Really interesting.

I was confused by statement that Tiers applicant has no right of full appeal.

I accept my mistake here.

How ignorant you are my friend?

It looks me now..ahahahha


Ali

[geriatrix]

Best not to suggest anything than suggest something inaccurate!


regards

[alikhan28]

Best not to suggest anything than suggest something inaccurate!


regards

I am wondering do you have full rights of appeal? To me Tiers applicants can only ask for administrative review.

I belive you have no full rights of appeal and winning appeal on human right or discrimination would not be an easy thing.

First check do you have full right of appeal or not.

I said first confirm and then in all my posts I said go for appeal and try to clear deception.

I got little confused on dependents full right of appeal thing.

Regards

Ali

[SnF]

HERE IS SOME INFORMATION PROVIDED BY UKBA ON UKVISAS.GOV.UK
CHECK THE LINKS ... BELOW THE LINKS I HAVE PASTED THE INFO ON THE WEBSITE FOR REFUSALS UNDER 320 (7A).

http://www.ukvisas.gov.uk/en/howtoapply ... f19appeals

If you have a Full Right of Appeal you can decide to appeal against this decision or reapply for another visa after you have addressed the reasons for the original refusal. If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the need for an appeal hearing.

http://www.ukvisas.gov.uk/en/ecg/chapter26annex2/

When refusing, it is vital to ensure that all grounds for refusal are covered. This is especially important in cases involving refusals under paragraph 320 (but is not necessary for 320 (1), (2) and (6)). If an ECO only refuses under paragraph 320 and an appeal is allowed, entry clearance will have to be issued – the ECO cannot then consider the substantive application.

Where an application is refused under 320 (7A) include the warning advisory:

“You should note that because this application for entry clearance has been refused under paragraph 320(7A) of the Immigration Rules, any future applications may also be refused under paragraph 320(7B) of the Immigration Rules, (subject to the requirements set out in paragraph 320 (7C)).
A refusal under paragraph 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 employedâ€

[vinny]

He should appeal and challenge the deception charge. Else, he is automatically banned for 10 years or until you get ILR.

[SnF]

My friend read the post above ur post.

[geriatrix]

My friend read the post above ur post.

SnF, what people are trying to explain to you, which you are unable to understand or realize as yet, is that if you do not want your husband to be banned from entering the UK for 10 years (or until you receive ILR), you must appeal the refusal.

It is up to you what you wish to do!



regards

[alikhan28]

My friend read the post above ur post.

Where an application is refused under 320 (7A) include the warning advisory:

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

A refusal under paragraph 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 employedâ€