Urgent Help Tier 1 extension refusal

[kumar242]

tier1 extension

[cs95tdg]

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I left this country myself sep/2009 and I made new fresh application to UK 2010/Dec .I got Visa but the extension I got refused my application.   Any chance If I appeal against this decision to success

Can you clarify what you mean by "I got Visa but the extension I got refused my application. "? Do you mean your initial application in Sep 2010 was successful, but that when you applied for a subsequent extension in-country, that application was refused?

If so, when (date) did you apply for the extension? And is what you have posted here the contents of this refusal letter? Or is it a previous application refusal letter? You need to list your immigration history with dates in chronological order to understand the background clearly.

[Lucapooka]

Why are you not expressing shock that it has happened because you were not aware of it? Or were you absolutely complicit in this fraud?

[kumar242]

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On 1 September 2008 you were granted Leave to Remain in the United Kingdom under Tier 1
(post Study Work) until 22 August 2010.

I left myself from uk sep/2009.
I made new application to UK tier 1 general dec/2010.
On 27 January 2011 you were granted Leave to Enter the United Kingdom as a Tier 1 (General)
migrant until 5 January 2013. .

Tier 1 general extension refused jan/2013

[Lucapooka]

On 1 September 2008 you were granted Leave to Remain in the United Kingdom under Tier 1
(post Study Work) until 22 August 2010. Using a fraudulent diploma?

I left myself from uk sep/2009.
I made new application to UK tier 1 general dec/2010.
On 27 January 2011 you were granted Leave to Enter the United Kingdom as a Tier 1 (General)
migrant until 5 January 2013. .

Tier 1 general extension refused jan/2013 - because of the discovery of the previous fraud

[Highly_Skilled]

I assume that by applying (and being granted) Tier 1 from oversea's, you thought that you would no longer be refused under deception.

Your chances of winning an appeal because of Cambridge College of Learning are very slim. Many people have lost their appeals.

[mulderpf]

You are unlikely to get anywhere with this. I truly suggest that you give up now rather than put yourself through the anguish of trying to appeal this. If you think you got little sympathy on this forum, you'll get even less from anyone dealing with your appeal.

[PaperPusher]

In making the decision to refuse your application, careful consideration has been given to the
following:
On 1 September 2008 you were granted Leave to Remain in the United Kingdom under Tier 1
(post Study Work) until 22 August 2010. . .
On 27 January 2011 you were granted Leave to Enter the United Kingdom as a Tier 1 (General)
migrant until 5 January 2013. .
General Grounds Reasons for Refusal
In your application, you failed to disclose the following facts. On 31 July 2008 you made an
application for leave to remain in the United kingdom using a PosrGraduate Diploma in Business
Management from Cambridge College of Learning
\ )
I am satisfied that these facts were material to the application because I am satisfied that the
documents submitted from Cambridge College of Learning were false because the information
obtained by UK Border Agency showed that Cambridge College of Learning never issued Post
Graduate Diplomas in Business Management, '
This is supported by a test case that determined thatthe Cambridge College of Learning never
offered a Post Graduate Diploma in BusinessManagement or a Post Graduate Diploma in .
Informition Technology. The test case was heard on 3 _ 5June 2009. The determination was
http://www.ait.gov.uk/public/upload/j22 ... kistan.doc
promulgated on 11 August 2009 and can be found at the following address:
This determination clearly states that these qualifications were never •offered by the Cambridge
College of Learning and additionally that any applicant who claims that they did obtain this
q1!alificationlegally has used deception in their application.
Furthermore, the determination states that:
"Accordingly for a person applying for leave to remain under Tier 1 (post-Study Work) scheme to
rely on a certificate of award of such a diploma following a course will amount to a false
.representation". '
In view of the information stated above, you have made false representations for the purpose of
obtaining leave, the Secretary of State is not prepared to exercise discretion in your favour and youl; ,J application is therefore refused under paragraph 322(2) of the Immigration Rules.
For the above reasons, Iam also satisfied that Y0l:l have used deception in this application.
This means that any future applications for entry clearance or leave to enter the UK you make will -,
be refused under paragraph 320(7B) of the Immigration Rules (unless it would breach your rights
under the Human Rights'Act 1998 or the Refugee Convention) for the following period starting on'
the date on which you leave the UK following this refusal:
One yearif you leave voluntarily, without our having 'to payor contribute to the costs of
your departure;
Five years if you leave voluntarily at the Goverriment'.s expense;
Ten years if we remove or deport you.

Future applications for entry clearance or leave to enter the UK will not be refused under paragraph'
320(7B) if you are making an application as:
a spouse, 'civil partner or unmarried or same-gender partner under paragraphs 281 or 295A of
the Immigration Rules; ,
a fiancete) or proposed civil partner under paragraph 290;
a parent, grandparent or other dependent relative under paragraph 317;
a person exercising rights of access to a child under paragraph 246; or
a spouse; civil partner" unmarried or same-gender partner of a refugee or person with
Humanitarian 'Protection under paragraphs 352A, 352AA, 352FA or.352FD;
I or
where you were under the age of 18 at the time of your most recent breach of the UK's
immigration laws.
If you choose not to pursue an appeal, or your appeal is unsuccessful, you should leave the UK at
your own expense as soon as possible. If we have to remove you, any applications for entry
clearance or leave to enter that you make will be refused under the Immigration Rules for at least
ten years subject to the exceptions listed above.
Non-Points Scoring Reasons for Refusal
Insert any non-points scoring refusal reasons (such as no switching) here (if applicable)

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I left this country myself sep/2009 during the Tier 1 (post study Work) 22/Aug/2010 Expired and I made new fresh application from india to UK 2010/Dec .I got Tier 1 General Visa but the extension of tier 1(General) I got refused my application 2013/Jan.   Any chance If I appeal against this decision to success

Pretty much zero chance. See this case:

http://www.bailii.org/uk/cases/UKUT/IAC ... adesh.html

[kumar242]

You don't understand what I am trying to say

under paragraph 320(7B) of the Immigration Rules I have survived myself out of this country more than one year and I made tier 1 general application it was suceeded.
But Extension was refused

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[Highly_Skilled]

You don't understand what I am trying to say

under paragraph 320(7B) of the Immigration Rules I have survived myself out of this country more than one year and I made tier 1 general application it was suceeded.
But Extension was refused

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Paragraph 320(7b) does not give you an automatic right to leave to remain in the UK. Paragraph 320 is referring specifically to applications for Entry Clearance. Which you were granted.

As such, your leave to remain application was correctly refused. As will any future application for leave to remain.

[Dasavathar]

I wounder how you fulfilled the criteria for Tier 1 General initial application?