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Tier1 PSW after 3 refuses in Tier 4 in home country

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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hang-over
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Tier1 PSW after 3 refuses in Tier 4 in home country

Post by hang-over » Mon Oct 24, 2011 1:15 am

I need to apply soon for my Tier1 PSW. My Tier 4 visa application was refused 3 times before I finally got it. The tax income letter of my mother was considered as a false, we couldn't prove opposite and my application was refused under 320 7(b).
I wasn't aware was this document genuine or not and used this point in my administrative review. The applicant who is not aware of the false document and can prove it shouldn't be refused under paragraph 320 7(b) again.
I used it in my administrative review and my visa was granted. Now I need to apply for leave to remain on Tier 1 PSW and I am totally confused. There is the question in the application form: Has the applicant ever used deception when seeking to leave to enter or leave to remain? I don't know what to write here. First of all "leave to enter" gives you immigration officer when you cross the border, so no problems here and I never apply for leave to remain before, so it is also fine.
But when I applied for entry clearance in my home country I was blamed in providing the false document and could not prove opposite. In UK Border Agency Guidance they write: A false representation under paragraph 322(1A) and (322(2) will be considered to
have been made, where an applicant or third party deliberately and dishonestly makes a false statement in an application. This could be in writing, on the application form or supporting documents produced at interview. You must refuse such an application under either:
• paragraph 322(2) (when the false representation was made in a previous
application).
But they also write • Discretionary refusals are in paragraphs 322(2) to 322(11). I have no idea what does it mean?
I will appreciate any advice on my issue. Good luck with your applications!
Last edited by hang-over on Mon Oct 24, 2011 9:39 am, edited 2 times in total.

arsenal49
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Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Mon Oct 24, 2011 1:29 am

you were refused three times?
did you appeal/admin reviewed their decision on all three occasions?

you need to write a cover letter mentioning the dates etc of all your refusals and when you admin reviewed them.

also mention that you were successfully given visa the last time you applied for tier 4.

Also, consider breaking your thread into paras and bullet points if you want replies from other members of the forum

hang-over
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Posts: 2
Joined: Mon Oct 24, 2011 12:45 am

Post by hang-over » Mon Oct 24, 2011 9:50 am

Dear arsenal 49,

Thank you very mucg for your answer. For the first time I was refused as ECO didn't find the information that I paid my tuition fee in advance and I was refused on the grond of the lack of maintanence. I reapplied straight away and then the tax income letter of my mother was considered as a false. I sent admin review to prove that I was unaware of that document and 320 7(b) shouldn't apply to me. And it was accepted, but the refuse should stay under this circumstances, but my future application shouldn't be refused on these grounds again. But when I apply for the third time my visa was refused under 329 7(b), then I admin. reviewed this decision and my visa was granted. I will write cover letter, but I am still confused by the rules and can't get will the paragraph 322 (2) will affect me or not?

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