re entry bans

xsean25 · Post by **xsean25** » Mon Mar 12, 2012 11:07 am

Hi my tier 4 visa was refused last year, i bought my own ticket and travelled voluntarily, after some research i found out that because i din leave within 28 days i incur 1 year automatic ban.
I want to apply again this year, classes start in August but the problem is im banned till 15th of july (travelled on 15th of july 2011), if i apply on the 16th i m not giving enought time to ukba to process my application, I would still risk it but according to uni rules i ve to ask for my deposit back 15days before the start of the course incase my visa is refused otherwise i wont get it back. What i want to know is if UKBA ll consider my application if i apply before 15 of july ?

Post by **Lucapooka** » Mon Mar 12, 2012 11:29 am

Are you saying that you left more than 28 days from the date you were notified about the refusal of your extension?

xsean25 · Post by **xsean25** » Mon Mar 12, 2012 11:36 am

yes, when i received their letter they said you have to leave within 28 days, i did not, later they sent me a letter saying im a person liable to be detained and asking me to come to their office in salford, i bought my ticket went to their office with it, they asked me to sign few forms stating that im leaving voluntarily blah blah and told me there is a one year ban

Post by **Lucapooka** » Mon Mar 12, 2012 11:38 am

They will not issue an entry clearance that is valid before that date. Obviously applying early and asking for a deferred issue date is to your benefit as they will take some time making checks to see if they can refuse you on general grounds (even when the ban is expired).

xsean25 · Post by **xsean25** » Mon Mar 12, 2012 11:45 am

ahaan.. right .. thsi is one thing i was unsure about .. i thought 1 year ban means i cannot make an application till its lifted, even though classes are starting in august (once the ban is lifted) i ll still be refused because i am making an application when iam banned

Post by **vinny** » Mon Mar 12, 2012 11:50 am

ECB9.5 What if applicant is not intending to travel straight away to the UK

xsean25 · Post by **xsean25** » Mon Mar 12, 2012 11:58 am

oh cool! i never thought online forums could be that helpful ..
just one last question .. does that mean i had the wrong understanding of this ban .. does it mean im banned from entering the uk for one year ? and not banned from making an application for that time ?

Post by **vinny** » Mon Mar 12, 2012 12:09 pm

Yes. Similar to the age requirement, I think that you may ask them to defer the effective date (within 3 months) to be after your ban period.

xsean25 · Post by **xsean25** » Mon Mar 12, 2012 1:05 pm

mayb i can mail them directly to confirm .. thanks for your help

Deviser · Post by **Deviser** » Mon Mar 12, 2012 3:30 pm

What was the reason of previous refusal?

I am 95% sure that UKBA will refuse your application under General Grounds with 320(11) with the reason of ‘Absconding’ as you did not left/respond them on time on previous refusal. I have seen many cases which are similar to your case (i.e. previous application refused + one year ban + 28 days stay etc.) and not even a single applicant managed to get entry clearance even after ban has been abolished. All applicants just end up losing their deposits and visa application fee.

I even know an applicant you communicate with British Embassy about his case, after one year and before visa application. He asked them either now he can make an application or not as ban has been abolished. Embassy replied him that he can apply for sure but when he made Tier 4 application with family members of four, ECO refused his application with General Grounds of Refusal under section 320(11) and decision also upheld in AR.

xsean25 · Post by **xsean25** » Mon Mar 12, 2012 4:16 pm

Deviser wrote:What was the reason of previous refusal?

I am 95% sure that UKBA will refuse your application under General Grounds with 320(11) with the reason of ‘Absconding’ as you did not left/respond them on time on previous refusal. I have seen many cases which are similar to your case (i.e. previous application refused + one year ban + 28 days stay etc.) and not even a single applicant managed to get entry clearance even after ban has been abolished. All applicants just end up losing their deposits and visa application fee.

I even know an applicant you communicate with British Embassy about his case, after one year and before visa application. He asked them either now he can make an application or not as ban has been abolished. Embassy replied him that he can apply for sure but when he made Tier 4 application with family members of four, ECO refused his application with General Grounds of Refusal under section 320(11) and decision also upheld in AR.

Yeah im sure its gonna be very hard to get a visa again but i guess it also depends on how strong your case it ..
my visa was refused because i gave them my brothers bank statement instead of my parents and i din provide them with the letter that he is my legal guardian .. i wasn't given the right to appeal because i didn't make my application before expiry .. i made the first one well in time but unfortunately my credit card expired so they couldn't take the payment ..
you think it ll be a problem if i apply in any schengen state ? i have not seen their application form but im sure there ll be a column asking if i ve overstayed in any other country

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re entry bans

re entry bans