Entry Clearance Refused on HSMP -6month overstay in UK

[rsaini11]

Hi All

Recently I have been refused entry clearance on HSMP under concealment of information. There is a history to whole episode and I would like you all to suggest best course of action now!!

History

Previous UK immigration history:
I went to UK as student in January 2002, completed my masters and applied for PhD. Later, I sent my passport for visa renewal in 2004, my visa came renewed until February 2005 but I mistook it as February 2006.
In July 2005 I planned to visit India via Norway (after visiting my friend in Bergen), the minute I checked my passport I was horrified to notice that I have over stayed being student. I just panicked and called up lawyers and friends for their advice. After being advised by a lawyer I contacted home office for an appointment. On my interview date I was advised that it’s too late to apply in person. I have to send it by post to Sheffield.

I did the same and sent it to Sheffield; months went past but no reply. I again contacted home office in October to check upon status. In January 2006 Home office advised me to be patient, as it will take longer.
I thought I would be convicted for over stay. So I rushed to home office to discuss my case. An immigration lady advised me to buy a ticket upfront and return to India as soon as possible to avoid any strict action. I bought the ticket on the same day and returned to India (22nd January 2006). I was served form numbers IS96 (self check in) and IS151D (removal directions to air craft)

My In laws have established family business of trading FMCG goods so I thought of trading and exploring opportunity in UK so I applied for entry in February 2006, which was refused. As I stupidly concealed above history of overstay. At that point I understood I should have provided correct information.

Later I started my career in India as Retail consultant and worked at senior positions.In feb 2007 I thought of doing SAP certification looking at the global demand and then only, Idea of going back to UK on HSMP came to my mind.

In May 2007 I applied for visitor to UK to visit my friends and revive contacts, at this point I explained everything to Immigration officer each and every single detail. but again it was refused as ECO had a reason as to what I did when I overstayed. He had a valid point, I realised my mistake that I should have provided letter from my college.

In July 2007 I started my HSMP process through a law firm, I told them my complete history of refusals and everything. They were quite sure that previous visitor refusals have nothing to do with entry clearance on HSMP as it is completely different category. I was happy.

I secured my HSMP in sep 2007 and started preparing entry clearance thru the same law firm. Now plight of my case is this time my legal consultant bungled up whole case by ticking option 4.6 in VAF1 form which asks whether you have been removed from UK previously. My legal consultant ticked NO instead of YES!! though I provided ref numbers of last refusals in the section 4.8-4.12.

So this time ECO has again booked me under concealment and which is right! I should have said YES and given explanation. Irony to my case is I blindly signed the form without going through it.

ECO must be confused with this behavior why I am doing this, because in May 2007 I am confessing everything and again in Nov 2007 I am concealing.

I have been given right to appeal. Luckily I photocopied all my docket before submitting. when I saw photocopy of page 4 of VAF form day before yesterday I went completely mad on my law firm. Asking them why they have done this when everything was made handy to them. they are just mum at the moment and telling me that we are working out strategy!

I dont trust them anymore! please guide me how do I go about this!!

Kind Regards,
Rakesh

[VictoriaS]

Your lawyers have screwed up, this is not your fault.

Advise them that you wish to appeal the decision.

Victoria

[rsaini11]

Your lawyers have screwed up, this is not your fault.

Advise them that you wish to appeal the decision.

Victoria

But they are saying they dont have any grounds for appeal. So now what to do.
Thank you for your quick reply.
Please try and guide further.

[VictoriaS]

You have a right of appeal, but your solicitors are saying that they have no grounds???? This is because they don't want to admit responsibility for anything!

Get a new lawyer for the appeal.

Victoria

[SYH]

Your lawyers have screwed up, this is not your fault.

Advise them that you wish to appeal the decision.

Victoria

But they are saying they dont have any grounds for appeal. So now what to do.
Thank you for your quick reply.
Please try and guide further.

In fact there was no concealment since you reference it in the application, that is clearly a mis tick but in any case, certainly the solicitors should hold their hand up and put in the appeal on your behalf that they made the mistake but there was no concealment since the information was provided in the application. This is pretty straightforward as the basis for appeal so I can't understand the solicitors trying to be funny and saying there is no basis. You can always appeal whether there is a basis or not so what are they trying to pull. You tell them to appeal, do it right, they do it for free, or you will surely sue them for malpractice.

[rsaini11]

NO MESSAGE

[rsaini11]

Further in connection with my last question I would like to ask even if prima facie they agree that they will take it up as their fault can I have ther words cause I will have no proof of the tribunal procedings.
But a new laywer could be more reliable as he has nothing to lose.

[Docterror]

Your lawyers have screwed up, this is not your fault.

Advise them that you wish to appeal the decision.

Victoria

I am sorry , but I do not agree entirely with you there. When you sign the form declaring that everyting that you have put down is the truth and then turns out to be a lie, I do not see how it is only the solicitors fault, while in reality it might be.

The form should have been checked and the mistake spotted before signing by the person signing it. If concealment is a real reason for refusal, then I suspect an appeal may not be too helpful.

[VictoriaS]

That is a possibilitiy, but I think that a good lawyer could make a good case.

Having said that, there is still a chance of refusal because of the initial overstay. And now that it seems the OP worked full time while on a student visa...well, it just gets harder and harder.

The initial lawyers should have adddressed the overstay, there is no doubt about that. But I am not sure that, having done so, you wouldn't have still been refused.

Victoria

[rsaini11]

Thanks Docterror!

I just signed it in good faith! I know its my fault to sign it blindly but at that time I had severe conjunctivitis. And I also its no excuse but they really screwed it as last refusals and complete history was in front of them.

And in May 2007 only I gave full story to ECO, why would I conceal something which has been revealed in the past??

Exact from ECO

" you have tried to hide your immigration history by failing to declare in section 4.6 of your visa application form that you were served with form IS151A and removed from the UK, having overstayed by a period of more than 6 months. you have made no attempt to explain as why you did this.I am not satisfied that you have observed the time limit attached to previous grant of leave to enter or remain in UK and I am not prepared to exercise discretion in your favour.because you have tried to hide immigration history,I am not satisfied that rest of your application is accurate and I am not satisfied that you will observe any conditions imposed on you with this application.

If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons of refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at ISSUE without the necessity for an appeal hearing.
"

Could you all please guide me on two things from above verdict!

1) He is saying it could be resolved at issue without appeal hearing, is he trying to say if I put in evidence how my lawyer has bungled it up. ECO will consider at the visa post and may issue visa?

2) ECO is saying I am not satisfied that rest of application is accurate?? what does he mean by that? shall I submit all the papers while filing appeal?

Thank you all for this guidance and help

Kind Regards,
Rakesh

[SYH]

1) He is saying it could be resolved at issue without appeal hearing, is he trying to say if I put in evidence how my lawyer has bungled it up. ECO will consider at the visa post and may issue visa?
Depending on your reason, if you said, sorry the solicitor didn't do his job but I admitted the overstay in the rest of the application and it was ticked wrong in the previous questions but mentionned in the later question because i was not trying to conceal anything. If the solicitors had done their job, then it would have been addressed more thoroughly and I'd like to address it now. submit xyz, submit lawyers statement of error if they give it to you.2)2) ECO is saying I am not satisfied that rest of application is accurate?? what does he mean by that? shall I submit all the papers while filing appeal?
ECO is saying I am not satisfied that rest of application is accurate?? what does he mean by that? shall I submit all the papers while filing appeal?
He says if you lied in one part of the application, then the whole application is suspect, if you can convince him where they found the "concealment" was a genuine mistake, then he might believe the rest is truthful. submitting more evidence on the rest of the application isn't going to help, your credibility simply has been shot
Going back to victoria's point your issues of overworking as a student just makes the thing get messier and messier. If they investigate you, and find more dirt, you can forget it.
Thank you all for this guidance and help

Kind Regards,
Rakesh

[VictoriaS]

For what it is worth, I agree 100 per cent with that assessment.

Victoria