Possible Ground Of Refusal For Tier 1 (G) Extension.....

[milan.1680]

Hi All,

I want to ask the forum couple of questions that i am worried about for my Tier 1 (G) extension:

Previous immigration history:

I am in the UK from 2002, initially on spouse visa. First application for extension as spouse of British citizen was rejected and it was appealed, appealed was rejected and further application was submitted on the ground that i am trying to locate my wife's where about to start divorcee procedure (every application was done in timley manner and have not over stayed for single day). While this was going on, I applied for HSMP (in March 2008), got the approval, withdrawn current application at that time, went to my home country at my own expense and got the entry clearance as a Tier 1 (G) migrant.

On Tier 1 (G) extension application in section D, i have ticked "NO" for overstaying and not deported and not breaching the condition of my visa. Do you think having my kind of immigration history will have any impact or I should have explained this on my application form. Reason I didn't was becoz after all that procedure i did got my EC to normalize my stay in UK and thought that pre-tier 1 immigration history shouldn't have any effect on my current extension

Can HO refuse my application on the ground that I have not disclose material fact on my application?

Self assessment:

Does case worker use self assessment as a part of the decision making process. As i have just realized that when i did the self assessment i had put the wrong month and salary on and am worried that they might reject the extension on that ground. Have included the correct information on my application form though...


Any input is most welcome.

Thanks

Milan

[geriatrix]

1. If you have not overstayed in the UK in the past, as per your own admission, then why do you think you have "not disclosed material facts" by not declaring something that never happened?

But it seems to me that you did overstay in the UK - from the day that your appeal was rejected to the day you exited UK (that you submitted an application to remain because you wanted to "search" for your spouse doesn't make illegal stay legal). In such case, you did fail to disclose a material fact ... and if a caseworker digs into your records then you may have to bear the consequences (if any) in accordance with the law.

[milan.1680]

Hi

Thanks for u r post. After thinking about it even more, i think i should be okay. If HO or BHC wanted to refused my application they would have raised 320 7(A) or (B) and given me 10 year ban when i applied for my Tier 1 EC in Oct 2008?

Now, as soon as they enter my details on data base whole history will come up anyway?

You are right technically one can say i might have twisted the rule and count it as over-stay but the last applicaiton was accepted by HO and they were considering it. If they thought I am over staying in UK at that time, they wouldnt have accepted it and have deported me.......

Anyway, i think its no point worrying about it too much, will find it out soon (have just given the biomatric)..................


Milan

[Greenie]

Hi

Thanks for u r post. After thinking about it even more, i think i should be okay. If HO or BHC wanted to refused my application they would have raised 320 7(A) or (B) and given me 10 year ban when i applied for my Tier 1 EC in Oct 2008?

Now, as soon as they enter my details on data base whole history will come up anyway?

You are right technically one can say i might have twisted the rule and count it as over-stay but the last applicaiton was accepted by HO and they were considering it. If they thought I am over staying in UK at that time, they wouldnt have accepted it and have deported me.......

Anyway, i think its no point worrying about it too much, will find it out soon (have just given the biomatric)..................


Milan

Mandatory bans were only introduced in Feb 2008 and there was an exception to the ban if a person left the UK voluntarily between 17 March 2008 and 1 October 2008.

The fact that you have failed to disclose your overstay could well mean that you are refused as per Sushdmehta's advice.

[milan.1680]

Hi

Just to update you that I have now got mine and my wife's extension.

Thanks forum for the useful posts and guidance.

Thanks

milan

P.S: I think after normalising my stay with Tier 1 (G) in 2008, now, i dont have to worry about my previous immigration history as HO/BHO has three different occassion to check my file with them and all the time it came out OK. I guess, as long as I meet the rquirements than I dont have to worry about it..............