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what happens if you get rejected

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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susie84
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what happens if you get rejected

Post by susie84 » Wed Dec 08, 2010 11:20 am

Hello,

I am wondering what happens when you get rejected for your Tier 1 application. Do they put a reject stamp on your passport? Can it have any adverse effects for future visa applications to UK (tier2, tourist visa) or any other country?

Thanks

mulderpf
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Post by mulderpf » Wed Dec 08, 2010 11:24 am

Usually with the UK they will stamp your passport with a stamp just acknowledging the date that they received your passport. This would then be followed by a visa if you were approved (some countries paste the visa over the stamp, but my UK visa was pasted on another page). Obviously then if you have a stamp but no visa, it would be an indication that you were rejected or withdrew your application for some reason.

The effects a rejection would have on future applications would depend on the reason for the rejection. A rejection for deception is viewed much more harshly than a rejection for not having enough points.

geriatrix
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Post by geriatrix » Wed Dec 08, 2010 11:31 am

If the visa application form (of a given country) asks you if you have ever been refused a visa for for any country then you'll have to declare the refusal.

As suggested, a refusal may or may not affect any future applications for UK or any other country depending on the reason(s) of refusal.


regards

susie84
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Post by susie84 » Wed Dec 08, 2010 11:37 am

Thanks for your replies.

sushdmehta: That was the thing in my mind as they usually ask for this.

I guess (hope) it should not have a bad effect if you just fall short of points.

geriatrix
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Post by geriatrix » Wed Dec 08, 2010 11:39 am

susie84 wrote:I guess (hope) it should not have a bad effect if you just fall short of points.
Not to worry for such reason(s).


regards

susie84
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Post by susie84 » Wed Dec 08, 2010 11:41 am

another related query: If you get rejected because you fell short of points. Can you appeal it if by providing new evidence or do you have to use your initial documents?

thanks

geriatrix
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Post by geriatrix » Wed Dec 08, 2010 11:51 am

Where are you applying from - within UK or outside?


regards

susie84
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Post by susie84 » Wed Dec 08, 2010 11:52 am

within UK

susie84
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Post by susie84 » Wed Dec 08, 2010 11:53 am

within UK under tier 2

geriatrix
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Post by geriatrix » Wed Dec 08, 2010 11:56 am

If your application is refused before your current (Tier 2) leave expires, you'll not be given the right to appeal. If after, then yes!


regards

susie84
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Post by susie84 » Wed Dec 08, 2010 12:40 pm

sushdmehta: thanks for your reply.
sorry, a bit confused here. Then if I apply right before my visa expires, I will get the right to appeal. Can I stay in UK in the meantime?

geriatrix
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Post by geriatrix » Wed Dec 08, 2010 12:57 pm

susie84 wrote:Then if I apply right before my visa expires, I will get the right to appeal. Can I stay in UK in the meantime?
When you apply doesn't determine whether or not you have the right to appeal. When a decision is made on the application determines it (right of appeal).

Like I said, if a decision on your application is reached (refused) after your existing leave has expired then you'll get the right of appeal and if your application is refused before your current (Tier 2) leave expires then you'll not be given the right to appeal.

If you apply before your existing leave expires, then you can continue to remain in the UK while your application is decided.


regards

susie84
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Post by susie84 » Wed Dec 08, 2010 1:14 pm

sorry, I was not clear. I said 'if I apply right before my visa expires' thinking that it takes >1month to reach a decision, so I would get the appeal.

Going back to one of my initial questions: When I appeal, can I add new evidence, or I have to do it with my initial application package?

thanks

geriatrix
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Post by geriatrix » Wed Dec 08, 2010 2:59 pm

vinny wrote:Until s.85A of the 2002 Act is brought into force (subsection 85(4)(a) of which stipulates that in respect of appeals in Points Based System cases the Tribunal may consider evidence adduced by the appellant only if it was submitted at the time of applying), it remains possible for appellants to provide new evidence subject to 85(4).

regards

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