Shall i wait for JR or make a fresh application

[binollie]

Hi

I have filed for my JR on 5th November 2013 not received any acknowledgment yet from them and after reading all on here i m not expecting it either .ECO refused my visitor visa under para 320(18B)and para 41 calling me a persistant offender .As they say i committed a crime on 19th december 2012 ,when i was not even in the united kingdom.My solicitor requested for SAR and it does come up under my name but with different date of birth and metropolitan police dint take that persons finger prints or photograph .So its just that persons name is same as mine.But when the crime happened i was in my home country im sure homeoffice can see that clearly as i was never issued visa after sept 2010 and i came bak to my home country before my visa expired.I requested for entry clearance to visit my boyfriend but he was not my sponsor my father was sponsoring me they still refused saying i do not satisfy them and i hv not submitted enough proof from my boyfriend but i did submitted his tenancy agreement and invitation letter.My solicitor says that i do fulfill para 41 .I dont know whether its worth waiting or just apply for fresh application i hv spend alredy more 3000£ and my barrister dont reply to my queries and niether my solicitor now i dont know what to do please advise.

[vinny]

A fresh six-months visitor application wouldn't cost much, so it may be worth trying. Explain all your circumstances in a covering letter, with proof that you were not in the UK at the time of their allegation.

[binollie]

Can i do that whilst my claim is been filed i dont want to take it back can i do both the things simultaneously?

[vinny]

I don't see why you cannot do both, as with appeals.

[binollie]

Thanks vinny i think i will make a fresh application then, what are my chances again you think for getting visa as i want to be sure and do not want refusal stamp on my passport again .

[vinny]

If you can prove that you were wrongly refused under 320(18B) and satisfy the requirements of 41, then you should stand a good chance.

[binollie]

Can my father be my sponsor and that way do i satisfy para 41?As they prev said that i dont satissy para 41 My boyfriend will accomodate me and i will attach tenancy agreement which i did previously bt ofcourse they ignored it to see .Im unemployed and dont have funds in my name but my father showed his fixed deposits for more then 32lakhs and cash of 5lakhs in bank is that not enough for visitor visa ?

I plan to apply visa on my own and not paying to solicitor can i do that when JR is going on as they are my representatives .

[vinny]

You may have a hard time showing your intention to depart the UK at the end of your visit (strong ties to home country).

[binollie]

my previous immigration history is clear on my passport that after being in the uk for 3yrs i did returned before my visa expired and i hv family in belgium too and i have always respect the immigration rules as i visit them annually .i hv always returned to my parents as they live here on there own and i will only leave them when i will be married is that not enough strong ties to your home country?

[vinny]

Unfortunately, they didn't seem to consider them as sufficient reasons before?

[binollie]

So why my solicitor keep saying i fulfill para 41 are they hiding any information from me?and even barrister said in his claim that refusing me under para41 is unlawfull.Do you think they will still refuse me under this para what shall i do now

[vinny]

Unfortunately, a refusal under 43 is based on the UKVI's interpretation of the balance of probabilities, that may be subjective. If your circumstances hasn't changed since their last refusal, then they would probably refuse on the same grounds. Therefore, you must refute all their refusal grounds to their satisfaction. I suspect that being unemployed and having a boyfriend in the UK may also be significant in their eyes. To tilt the balance in your favor, you should also show that your ties to your home country (or elsewhere) is significantly stronger than your ties to the UK.