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how deception affects my visa application this year.

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dafeizi
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Posts: 1
Joined: Fri Oct 29, 2010 2:31 am

how deception affects my visa application this year.

Post by dafeizi » Fri Oct 29, 2010 3:05 am

Hi everyone, I visited this website yesterday and found lots of useful information. So I now post my visa issue and hope there will be someone who can answer my questions and give useful suggestions.

My situation is: I went to the UK in 2007 for study. I didn't complete a psotgraduate course in the UK in 2008, however the school issued me a PG certificate. And by the end of 2008, I used this certificate to apply for PSW visa (residence permit, which means I applied for the PSW as visa extension) and the visa was granted. I voluntarily left the UK in Nov 2009. When I came back to the UK in Dec 2009, I was refused to enter the border because immigration officers didn't recognize my PG certificate and issues a letter saying I used deception in my PSW application.

Since I have been working in China for an UK company through 2010, and I kept in touch with my UK office everyday. I got enough qualifications and income to apply for Tier 1 General by the end of 2010.


Thus, I now got the following questions:

1. How long is the Ban on my application due to my previous deception. is it 1 year or 5 year or even 10 years? I used the PG certificate in my visa extension for PSW visa, and I left UK voluntarily, so it seems like I am only subject to one year's ban?

2. If I am subject to one year's ban, when can I apply for my new visa? Nov 2010 (I left the UK voluntarily in Nov 2009), or Dec 2010 (I was refused entry in Dec 2009).

3. Since I have obtained every qualification for Tier 1 General application,
Beside necessary documents used to apply for the new visa, how would deception affect my Tier 1 application in futher??

4. what other documents would be useful for my Tier 1 application in future? like the letter from my UK boss, files about my work for the UK company thru this year, etc.

Since I wanna apply for the new visa soon if the situation is positive, your useful information will be of great help.

Thanks a lot !!

James

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Fri Oct 29, 2010 10:32 am

Since you used deception and was refused entry, you will be looking at a ten year ban

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Fri Oct 29, 2010 5:45 pm

I agree, 10 years.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

mymcs
Newbie
Posts: 37
Joined: Sun Feb 13, 2011 7:54 pm

Post by mymcs » Thu Feb 24, 2011 8:11 am

dafeizi got deception on previous PSW visa, But why 10 years,beacuse he left uk voluntarily,

1 year ban on voluntarily with out public fund
5 years ban on voluntarily with public fund
10 year ban removal/deception.

I think Exemption on spouse visa 320(7b) etc IF not

SO IT means home office jokeing 1 year, 5 year,

I think Immigration law have to of truth and hidden truth, those only solicitor knows....
thanks

shahzad80
Member of Standing
Posts: 301
Joined: Mon Jan 17, 2011 6:06 pm

Post by shahzad80 » Thu Feb 24, 2011 11:51 am

...............
Last edited by shahzad80 on Wed Mar 30, 2011 6:08 am, edited 1 time in total.
This is not legal advice..I am not immigration consultant or solicitor so please seek legal advice for yours immigration matters

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Post by pennylessinindia » Thu Feb 24, 2011 12:53 pm

mymcs wrote:dafeizi got deception on previous PSW visa,


10 year ban removal/deception.
pennyless

shahzad80
Member of Standing
Posts: 301
Joined: Mon Jan 17, 2011 6:06 pm

Post by shahzad80 » Thu Feb 24, 2011 1:03 pm

................
Last edited by shahzad80 on Wed Mar 30, 2011 6:09 am, edited 1 time in total.
This is not legal advice..I am not immigration consultant or solicitor so please seek legal advice for yours immigration matters

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Thu Feb 24, 2011 1:08 pm

The key is this line:
(ii) used Deception in an application for entry clearance more than 10 years ago;
Because he's been found to use deception - it's a 10 year ban.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Feb 24, 2011 2:46 pm

MPH80 wrote:The key is this line:
(ii) used Deception in an application for entry clearance more than 10 years ago;
Because he's been found to use deception - it's a 10 year ban.
Doesn't the 10 year ban refer only to deception used in applications for entry clearance though? My understanding (and I stand to be corrected) is that if the person uses deception in an application for entry clearance he will be banned for 10 years. If he uses deception in an application for leave to remain then it depends on how he left the UK (voluntarily / at own cost/at public expense/or involuntarily.)

shahzad80
Member of Standing
Posts: 301
Joined: Mon Jan 17, 2011 6:06 pm

Post by shahzad80 » Thu Feb 24, 2011 5:30 pm

...................
Last edited by shahzad80 on Wed Mar 30, 2011 6:09 am, edited 1 time in total.
This is not legal advice..I am not immigration consultant or solicitor so please seek legal advice for yours immigration matters

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Feb 25, 2011 12:14 am

Perhaps i misunderstood the original post but i understood that the op was granted his psw from within the UK. He then left the UK for a month and returned only to be refused entry at the border becuse his deception had been discovered. He wasn't refused leave to enter his leave to remain was curtailed.
dafiezi can you clarify-

Were you asked to leave in Nov 09 or did you just go for a trip and then get refused entry upon return?

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