WHM to Tier 1 General Dependent Visa Refused

sharon13 · Post by **sharon13** » Sun Apr 26, 2009 8:42 pm

Hi all,

I am currently on WOrking Holiday Maker Visa to UK. I applied for this visa before I got married. But I traveled on this visa after I got married.

I left UK voluntarily on the 18/03/2009 to apply for the Tier 1 General Dependent Visa from India( Home country).

My visa has been rejected under section 320(7b) and 320(11).
There is a line on my refusal letter as follow
"Any future application will also be automatically refused, for the same reason under paragraph 320(7b) of the immigration rules until 18/03/2010"

Please comment on the same.
Can someone tell me if I can re-apply for spouse visa and if yes when can i apply??
Also tell me if i can travel on my WHM visa as it is still valid upto 01/04/2010

nksg · Post by **nksg** » Mon Apr 27, 2009 10:53 am

320(7b) and 320(11) means your visa was rejected as in deception. Do you know what exactally was the reason for the rejection?

The above is usually imposed when you provide any false information/document or do not disclose any information. To what i know with the above on the file your existing ltr is not of any use as you are out of country now and if you try to enter UK you might be stopped at the entry point.

Post by **PaperPusher** » Mon Apr 27, 2009 11:12 am

Did you let the Immigration Officer know you had got married when you arrived in the UK?

From Macdonald's Immigration Law and Practice:

"A working holidaymaker must be unmarried or not a civil partner unless the spouse or civil partner qualifies in his or her own right and the two are taking a working holiday together"

This appears to be the problem.

sharon13 · Post by **sharon13** » Mon Apr 27, 2009 11:21 am

The visa was rejected for deception only as i traveled as married on the WHM Visa. I didn't disclose the same to the Immigration officer at the time of arrival.

nksg wrote:320(7b) and 320(11) means your visa was rejected as in deception. Do you know what exactally was the reason for the rejection?

The above is usually imposed when you provide any false information/document or do not disclose any information. To what i know with the above on the file your existing ltr is not of any use as you are out of country now and if you try to enter UK you might be stopped at the entry point.

sharon13 · Post by **sharon13** » Mon Apr 27, 2009 11:24 am

No i didn't tell the immigration officer that i was married when i arrived in UK.
It was only because of lack of knowledge of the conditions of the WHM. I thought i would convert my WHM into a spouse visa in UK.

PaperPusher wrote:Did you let the Immigration Officer know you had got married when you arrived in the UK?

From Macdonald's Immigration Law and Practice:

"A working holidaymaker must be unmarried or not a civil partner unless the spouse or civil partner qualifies in his or her own right and the two are taking a working holiday together"

This appears to be the problem.

Post by **PaperPusher** » Mon Apr 27, 2009 11:26 am

It is very likely that you will be refused re entry to the UK on your WHM sticker because you are now married and no longer meet the WHM rules.

If you have a right of appeal you could use that. You could also get legal advice.

If you did not disclose that you had got married, that could be the problem.

sharon13 · Post by **sharon13** » Mon Apr 27, 2009 5:31 pm

Thanks for all the replies.

Just wantedto know one more thing,
Will I be able to apply for the spouse visa after 18/03/2010 as per the 320(7b) rule

sharon13 · Post by **sharon13** » Tue May 05, 2009 12:26 pm

sharon13 wrote:Thanks for all the replies.

Just wantedto know one more thing,
Will I be able to apply for the spouse visa after 18/03/2010 as per the 320(7b) rule

Someone please reply to my query....its very urgent as i need to plan accordingly

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

WHM to Tier 1 General Dependent Visa Refused

WHM to Tier 1 General Dependent Visa Refused