Denied visitors visa

[destiny43]

Hi, without going into it too much, I would like to know if my previous outcome will jeopardise the current application.
I was turned down for a visitors visa last year 2015, because they had no record of me leaving the UK previously, as I had lived in the UK before on a student visa and returned to South Africa In 2005. This year 2016 I have been offered a job in the uk, and now need to apply for a tier 5 visa.
What are the chances of this visa being denied?

Regards
Denise

[noajthan]

Hi, without going into it too much, I would like to know if my previous outcome will jeopardise the current application.
I was turned down for a visitors visa last year 2015, because they had no record of me leaving the UK previously, as I had lived in the UK before on a student visa and returned to South Africa In 2005. This year 2016 I have been offered a job in the uk, and now need to apply for a tier 5 visa.
What are the chances of this visa being denied?

Regards
Denise

Pretty good, if it looks to the system that you never left UK ie overstayed.

[vinny]

I was surprised that the UK choose to stop embarkation controls.

Do you have an entry stamp in your passport from any other countries since your departure from the UK?

Did you keep any proof of travel?

[CR001]

Which sub-category of Tier 5 are you applying for??

Are you a South African citizen or do you hold another citizenship too?

[destiny43]

Thanks for your response.
I made the visitor visa application from SA in 2015. I returned from the uk in 2005. But they say, they have no record of me returning to SA, to my understanding that meant I was still in the UK.....how would I make an application in south africa if I have not left the uk?
They also said I had made an application to renew my student visa in 2012 at the home office in the uk, and this is untrue because I am back in SA since 2005, have never been back to the uk or any other country since my return from the uk and that is why I feel they could have interview me first before making that decision.

I am a South African citizen, and the category of tier 5 visa is the charity worker 1.
I have my offer of employment letter from the company in the uk, waiting on my police clearance report, medicals and Cos in order to apply for the visa.

We might have been stopped, but not stamped out, why else would Immigration not have records of me leaving the UK, as I mentioned before we left via Gatwick airport, or how else did I get back. I came through with a friend who is British and she also has no recollection of being stamped out at Gatwick, but we were definitely stamped In at border control SA airport, they could have checked there as well.
I just feel applications are not dealt with In a fair way, considering we spend hard earned money to pay for this and to be denied is definitely a hard blow, because the is no refunds etc if denied.

[Frontier Mole]

You will almost certainly be refused your Tier 5 CW visa.

If your visitor visa was refused on the basis of overstaying, disputed or not, your chance of a successful Visa application in any category other than a spouse visa are very slim.

I know you have set out your history here but unless you are able to prove your travel history and disprove the student application then you will not get anywhere with future travel to the UK

Tier 5 CW is also a well known abuse route for entry to the UK. It gets a high degree of scrutiny in any event. Put your history with the tier 5 visa and you will really struggle.

I wish you well

[destiny43]

Hi again everyone and many thanks for all your advice etc....appreciated.

So I've been refused a 2nd Tier 5 visa, and the reasons are as follows:

1. Because I did not submit evidence that I can do the job. Support work
(But neither did my friend whom I had applied with, and she was issued a visa)
I then submit my certificate (evidence) in an administrative review, to prove I did have the evidence, but they upheld their decision. My question is, what is the purpose of a review?

2. Apparently the certificate I submitted as evidence, has fake signatures on it. Please note this is absolutely untrue, as the certificate was issued to me after completion of a Disability course In the UK. Unfortunately the signatories have since retired. However, I did contact the company who issued my certificate and they suggested I scan a copy of the certificate to them to verify.
2 days later I call Mr S in the UK and he confirmed the authenticity of the certificate which I mentioned In the review and also furnish them with Mr S email address., assuming they will use it to corroborate my story. But they upheld the decision with no explanation as to why. How did they come to the decision that my certificate was fake?

3. Not currently actively doing support work in SA.
Neither was my friend whom I had applied with. However, I did mention that I voluntary care for a disabled lady In my community, cared for my niece who suffers with schizophrenia and a letter from her Dr was submitted to prove that.
But I have done support with in the past, hence the disability certificate.

So to my understanding, a different rule applies to every application. Because friend and I submitted the same stuff but she was issued and I was refused. I'm just confused.

I definitely feel I am being treated unfairly and some of these decisions to refuse are unreasonable and I say this because In a previous visitor visa refusal they mentioned that I had made an application in the UK in 2012, which is untrue as well
because I had submitted proof in the form of payslip and letter from current employer to prove that I was In SA at the time In question. My question is, where is their information sourced from.

[Frontier Mole]

Until you resolve your previous immigration history and prove that the information is false then you can expect continued refusals.
You seem to believe the it is UKVI that has to check the evidence you may wish to rely on. That is not the case, you have to detail and evidence anything you rely on. Simply presenting an email saying X will achieve nothing. You would need a legally binding or reliable document to confirm the certificate. So an affidavit or a notarised letter stating the certificate is authentic is a minimum requirement.

As for comparison to others, every case is different and what probably separates you from your friend is the difference in immigration history. Your history stays with you and will always be considered in any further applications. It is not ignored and has no cut off period when suddenly it is no longer considered.

From what you have stated you will have a near impossible chance of returning to the UK unless on a spouse visa.

[destiny43]

Thanks frontier Mole

So are you saying I could get a police affidavit stating the signatures on the certificate are authentic.

My last refusal was for these 2 reasons only.
1. Authenticity of signatures on certificate
2. Not currently actively doing support work

I still do wonder who checked the signatures for UKVI, because this certificate is definitely genuine.

I do understand that every case is dealt with differently, however, it does not stop me wondering why my friend was not asked for the above. This has nothing to do with my history in the UK. It's about what experience or evidence we had to prove we are able to do the job. She had none.....and I do have, that's the difference.

About the 2012 application i supposedly made in the UK , that was NEVER true..so I guess what UKVI say....goes. Because I did prove that I was in SA at the time. Again, where was that sourced from.

[Mamama]

Hi destiny i just want to ask you something ...what country are you from?

[CR001]

Hi destiny i just want to ask you something ...what country are you from?

In the first post the poster stated they are from South Africa

[Mamama]

Hi destiny i just want to ask did you get you case successful?did the eco grant you a tier5 visa? I am also waitimg for the result of my AR and i am praying that it will be successful.