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Urgent Need help on Tier2 Dependant visa rejection

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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jesusvineed
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Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Sun Jun 19, 2016 7:34 pm

Hi, I am Mr Vxxxxxx. My spouse visa has been rejected on the ground that I have overstated and imposed 320(11). I understand that there is only 1 year ban for overstayers and furthermore overstating should not be made applicable for a spouse visa. Besides I got a letter from first tier tribunal which allowed me an appeal right. However I withdrew the apppeal and left UK within 28 of my appeal withdrawal. If I reapply, will my application be successful?
Thank you very much,
Last edited by noajthan on Mon Jun 20, 2016 5:25 pm, edited 1 time in total.
Reason: Removed personal info

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by CR001 » Sun Jun 19, 2016 7:41 pm

I have moved your post to its own thread as you posted in a Topic that is almost 2 years old.

What visa exactly did you apply for as you have posted in the Tier 2 sub forum.
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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Mon Jun 20, 2016 4:54 pm

Hi,
Thank you very much for your reply and thank you for moving my query to the right position. I tried to put my doubt properly, but failed to do so as I am not quite familiar with the tools on this website.
I had actually applied for a Tier 2 General Dependant Visa.
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by CR001 » Mon Jun 20, 2016 5:21 pm

furthermore overstating should not be made applicable for a spouse visa
This is only applicable to the spouse settlement visa, ie. a spouse of British citizen or person with ILR, not for PBS Dependents as far as I am aware.
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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Tue Jun 21, 2016 7:28 am

CR001 wrote:
furthermore overstating should not be made applicable for a spouse visa
This is only applicable to the spouse settlement visa, ie. a spouse of British citizen or person with ILR, not for PBS Dependents as far as I am aware.

Thank you very much once again for your reply. Now against the rule that overstaying should not be made applicable for a spouse visa under PBS dependants, still my tier 2 general spouse visa has been rejected. My doubt is "if I reapply, will the outcome be positive".
I mean can I get an entry permit to UK with a fresh Tier 2 Dependant Visa application.
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by CR001 » Tue Jun 21, 2016 8:42 am

jesusvineed wrote:
CR001 wrote:
furthermore overstating should not be made applicable for a spouse visa
This is only applicable to the spouse settlement visa, ie. a spouse of British citizen or person with ILR, not for PBS Dependents as far as I am aware.

Thank you very much once again for your reply. Now against the rule that overstaying should not be made applicable for a spouse visa under PBS dependants, still my tier 2 general spouse visa has been rejected. My doubt is "if I reapply, will the outcome be positive".
I mean can I get an entry permit to UK with a fresh Tier 2 Dependant Visa application.
Thank you very much,
You have misunderstood my post. Overlooking overstay is only done for a spouse settlement visa. YOU are not applying for a spouse settlement visa but a PBS Dependent visa. The rule to 'ignore/overlook' your period of 'frustrating the immigration rules' does not apply to you in the category of visa you are applying for.

If you apply again, before the 1 year ban (if that is what you have) you will likely face a refusal again.
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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Tue Jun 21, 2016 12:57 pm

Thank you very much for your reply.
I am afraid to say that I had returned from UK in November 2014, and I submitted the application for Tier 2 General Dependant Visa on 18 March 2016. Yet my visa has been refused referring to my over stay in UK. Before I returned from UK I had made several attempts to legalise my stay in UK through various applications by paying appropriate fees; however 6 of my applications were returned to me as invalid on several grounds, and that was the reason which forced me to keep putting fresh applications. All those applications to HOme Office were my genuine attempts to legalise my stay in UK.
Now ECO has allegedly claimed that I have contrived in a significant way to frustrate the intentions of the rule by making numerous vexatious applications.
I shall copy the words of ECO here " I note that all above applications were submitted whilst you had no valid leave to remain in the UK. I also note that you departed the UK on 24/11/14, a date in excess of 3 years after your leave expired. During this time you made a total of seven visa applications which were not successful. You therefore were not only in breach of the Immigration Rules, but you also made numerous vexatious and frivolous applications in an attempt to prolong your stay in the UK. I have taken into account all of the circumstances of your application but I am not satisfied that these alone outweigh my other concerns as previously indicated. I am satisfied that you have previously contrived in a significant way to frustrate the intentions of these Rules (Paragraph 320(11) of the Immigration Rules)".
So please let me whether submitting a fresh Tier 2General Dependant Visa application is going to be a wise idea after considering my present immigration scenario.
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by CR001 » Tue Jun 21, 2016 1:20 pm

What is your full UK immigration history?

When did you FIRST arrive in the UK?

What visa were you on that expired?

What are the 7 different applications that you submitted to legalise your stay in the UK?

No will be able to offer any valuable advice if you do not give the full and accurate facts.
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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Tue Jun 21, 2016 2:46 pm

Thank you very much for your swift response.
I first arrived in UK in February 6, 2009 on a student visa to pursue MBA at Holborn College in London. Initially I was granted a visa for 18 months from January 24 th. Latter on August 2010 I happened to extend my student visa under the sponsorship of Holborn College for another 10 months. However there were certain troubles at college, and therefore I couldn't finish my MBA programme before the expiry of my visa on May 31, 2010. Hence I souught the favour of the College Authority to issue me a CAS letter to extent my leave to remain in UK. I believed I stood eligible to be sponsored by the College as I was actively doing the third semester which was the research thesis. However the College refused to issue me a new CAS letter at the last moment, and therefore I had to submit a Tier 4 Student application without a CAS letter.
Subsequently the application was returned to me saying that it was an invalid application for the failure to pay the fees. Nevertheless, I had enclosed a cheque along with the application but it was their fault that they failed to appropriate fees through the cheque which I paid them. Later on I Submitted another application with proper fees, but without a CAS letter instead I put a letter from my then local MP who endorsed my application because he was informed about the issues at the College. In the invalid letter, the home office wrote to me that they would return the fees I paid them with that application, but they did not return the fees. Later I submitted another applicant with a CAS letter, but I only paid the remaining balance from the earlier fees I paid to the home office. Though they acknowledged my application after two weeks, after 3 long months they returned my application as invalid. Subsequently I resubmitted the same application on the claim that it was not an invalid application. Even that application was returned invalid.
Therefore I made another application outside immigration laws which was FLR(O). During my stay in UK I was involved with many Christian organizations and Churches. I was also working with lot of autistic kids and people with special needs. In the FLR(O) application I mentioned about my Church activities and social works and gave evidence of the same. That application was rejected, and asked me to return to India and file for a tier 2 minister of religion visa. Subsequently with the help of a solicitor I sought an appeal from the first tier tribunal, and the court granted me an appeal on the ground that my first application was submitted to the home office at the time when I had valid leave to remain in UK. I withdrew the appeal and left UK within 28 days of my appeal withdrawal. I have now tried to give you a brief description of my UK immigration history.
Please comment. Any pieces of advice would be highly appreciated.
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by Wanderer » Tue Jun 21, 2016 5:39 pm

I'd say wait out the ban but even after that you'll probably struggle.

Your immigration history doesn't make good reading....
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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Tue Jun 21, 2016 6:16 pm

Thank you very for your reply.
I did not understand the meaning of your comment. Do you mean to say that I would be having a life long struggle to get an entry permit to UK again? Is there no solution to this immigration debacle? I am really frustrated about the response of the ECO at the Chennai British High Commission.
My wife has struggled for almost two years to get an employment with NHS UK, and now my restriction to accompany her is making her efforts completely meaningless and fruitless.
Please provide me with some solution.
Thank you very much

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Wed Jun 22, 2016 5:17 pm

Hi,
Is there anybody to help me with my query in the last post?
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by Frontier Mole » Wed Jun 29, 2016 8:31 am

Given your immigration history and putting it bluntly it is as bad as it gets without an enforced removal, you have little or no hope of coming to the UK.

Your stated circumstances in the run up to your departure from the UK fully meet the ECO's statement. Applying for Tier 4 without a CAS, failure to pay visa fees, non completion of education courses, an attempt at T2 MOR. These are the very indicators that all point to one thing.... Attempts to frustrate the immigration system and remaining in the UK by any means.

I suggest you look to another country for your future plans as I really don't think you will ever gain entry to the UK under anything other than a Spouse visa.

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Wed Jun 29, 2016 9:22 pm

Hi, thank you very much for your valuable suggestions.
Can you please clarify to me about the success of a spouse visa to UK on the account that I maintain a very bad immigration history with UKBA.
Will I be qualified to get a Tier 2 General Spouse visa to UK irrespective of my adverse immigration history? Please reply.
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by CR001 » Wed Jun 29, 2016 11:35 pm

Unlikely if you apply before the ban is finished. You have already been refused because of your immigration history.
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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by jesusvineed » Thu Jun 30, 2016 12:10 am

Hi, thank you once again for your quick reply.
However I had applied for a spouse visa in the month of April, 2016 after 1 year and 6 months from the date of my return from UK; ie, I departed from UK on19th October, 2014, and applied for a spouse visa on 18th April 2016.
Please give me your valuable advice on this matter.
Thank you very much,

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Re: Urgent Need help on Tier2 Dependant visa rejection

Post by Frontier Mole » Thu Jun 30, 2016 9:37 am

Tier 2 Dependent visa is not a Spouse visa. A spouse visa is only applicable to individuals settled in the UK allowing them to bring in their wife/ husband.

Tier 2 Dependent visa - you are very unlikely to get into the UK with your immigration history at any point in the future. You are not banned for a period of time. You are just classed as unsuitable to grant a visa to and that will not change.

The refusal essentially states that you will never receive a visa for any other reason than one that would breach your human rights. Hence the only one you would get is a full on spouse visa to a settled person in the UK. Your wife would only qualify as settled if she was here for 5 years under tier 2.

Hence my suggestion that you look to another country or she comes here and you wait for five years.

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