Declaring overturned visa refusal in new applications

[daross]

My partner (not married) is switching from a Tier 4 doctorate extension scheme visa to a Tier 2 (employer sponsored) visa.

When she applied for her Tier 4 extension visa, almost 1 year ago, it was initially refused. We appealed this and the decision was overturned, as the refusal was due to an error on the part of the home office.

My question is: Do we declare this on her new Tier 2 application under "Problems with immigration to the UK" for "refused a visa for the UK", or does this no longer count as a refusal and as such does not require declaring? Should it be put in the application anyway for good measure, or would it just cause unnecessary confusion / delays?

Many thanks,

Daniel

[Echoes]

I'm not sure if you must but I think you should.

One of my wife's previous visa application was refused due to insufficient documentation. We reapplied and included further documentation to address ECO's concerns and a visa was granted. We've declared that in all subsequent applications without detriment.

[vinny]

Agree.

[DBarr]

Hello Daniel,

How did your application go? Did you declare the overturned decision as 'Yes' for previous refusals?

I am in exactly the same situation; several years ago my wife's dependant visa was refused but the decision was eventually overturned (during pre-action protocol) as it was made in error. My wife was subsequently issued with a visa under the original application (we did not have to reapply). Now when extending her visa, do I have to declare the previous one as 'refused' or could I simply say that it was never refused? The net result was indeed 'no' refusal.

Any help would be much appreciated.

Regards,
DBarr

[vinny]

Think of it this way. There's no harm in declaring it. However, if she doesn't declare it, then they may accuse her of deception. Which is the better option?

[DBarr]

Good point Vinny...we're going to declare it with details about the decision being overturned in the description.
Thanks,
DBarr