Have you ever been refused a UK visa?

[Bones]

Hi all, I'm applying for HSMP and urgently need your help. The VAF1 has a question under section 4: Have you ever been refused a UK visa?

Once a long time ago a visa renewal / extension was refused, I appealed because the refusal grounds were baseless, won the case and the visa was successfully renewed / extended. Now referring back to that question on the VAF1 form, should I answer 'Yes' or 'No' to it?

Please advice.

[SYH]

See if the guidance indicates if there is time limit as to how far back you should go in reporting a rejection. Not sure either if this is asking your first application, not for renewals
Otherwise I would put it simply
Yes extension rejection in 19XX Year for XX type of visa, Appealed, and ultimately visa extension was extended

[purplepple]

Does a refusal of HSMP initial application fall under this as well? I remember somebody in this forum (I think it was Amanda) who said that if you submitted your passport, then it's a visa application (eg EC, FLR) but if you didn't (eg HSMP initial application), then it's not a visa application.

I'm planning to come over to the UK this month as a visitor but my HSMP initial application was refused by the HO. Should I say that I was refused of entry to the UK or not?

[VictoriaS]

You were not refused entry to the UK, no, you were refused an Immigration Employment Document which is totally different. However, you may or may not still want to disclose this. If you don't, and they have a record of it, they may accuse you of trying to hide it.

Victoria

[Bones]

Thanks SYH, how about saying no but still adding a cover letter explaining as you have below? Anything wrong with that?

See if the guidance indicates if there is time limit as to how far back you should go in reporting a rejection. Not sure either if this is asking your first application, not for renewals
Otherwise I would put it simply
Yes extension rejection in 19XX Year for XX type of visa, Appealed, and ultimately visa extension was extended

[SYH]

Thanks SYH, how about saying no but still adding a cover letter explaining as you have below? Anything wrong with that?

See if the guidance indicates if there is time limit as to how far back you should go in reporting a rejection. Not sure either if this is asking your first application, not for renewals
Otherwise I would put it simply
Yes extension rejection in 19XX Year for XX type of visa, Appealed, and ultimately visa extension was extended

Because it isn't a no. Go findthe guidance

[Bones]

I have searched high and low and not a single guidline for this.

Thanks SYH, how about saying no but still adding a cover letter explaining as you have below? Anything wrong with that?

See if the guidance indicates if there is time limit as to how far back you should go in reporting a rejection. Not sure either if this is asking your first application, not for renewals
Otherwise I would put it simply
Yes extension rejection in 19XX Year for XX type of visa, Appealed, and ultimately visa extension was extended

Because it isn't a no. Go findthe guidance

[SYH]

I have searched high and low and not a single guidline for this.

Thanks SYH, how about saying no but still adding a cover letter explaining as you have below? Anything wrong with that?

See if the guidance indicates if there is time limit as to how far back you should go in reporting a rejection. Not sure either if this is asking your first application, not for renewals
Otherwise I would put it simply
Yes extension rejection in 19XX Year for XX type of visa, Appealed, and ultimately visa extension was extended

Because it isn't a no. Go findthe guidance

then call the home office and ask them

[VictoriaS]

The Home Office won't know!

But the HSMP is NOT a visa. You did NOT make a visa application, therefore you were not refused a visa. So, tick no, but then tell them anyway. I definitely think that is the best thing to do.

Victoria

[Bones]

In my case my previous visa issue was not HSMP. It was an in country visa extension that was refused, went to appeal and granted. As far as I know, throughout this time (with successful eventual extension), the visa remained continuous and unbroken (unless I have read the law wrong). Thats why I don't know whether to say yes or no.

The Home Office won't know!

But the HSMP is NOT a visa. You did NOT make a visa application, therefore you were not refused a visa. So, tick no, but then tell them anyway. I definitely think that is the best thing to do.

Victoria

[goldfish]

Since you were given the visa after appeal, I think this "overrides" the initial refusal. I'd do what Victoria suggests, tick the No box but put in the covering letter that you once were granted a visa on appeal, after it was initially refused. (If you put it in this order, it sounds more positive! plus you won't be seen to be covering up if they do checks. A call to the helpline would also be a good idea to confirm this approach.

[VictoriaS]

That is different. If it was a visa refusal, which it would have been if student or FLR (IED) attached to a work permit, then you must tick 'yes'. But if you state that you then won on appeal, you should have no problems, as you will be considered as having been approved (as you ulimately were).


Victoria

[ski_hsmp_guy]

hi all,
I have one important question to get clarified regarding Entry Clearance application (HSMP-UK) in similar gounds:

Actually I applied for H1B (USA, temporary worker visa) in the year 2006 (Chennai consulate) and got 221g (document given by visa officer asking me to produce Income Tax returns & wage slips of currently working employees of my USA Employer). So after 7 months as I was not getting any response form my USA employer, I came to know that my USA employer is no longer exists. Hence I have canceled my H1-B
application as per process. ( I mailed to consulate to cancel my h1b petition) and they canceled it.

Now, While filling entry clearance VAF-1 (non-settlement)
form, under
"SECTION 4 - PREVIOUS APPLICATIONS AND TRAVEL"
we have a question
"4.7 Have you ever been refused a visa for another
country?"

So for this question(4.7) do I need to put as yes/no. Because in the letter sent by consulate staff to me (after I myself canceling H1B), with the following notes:

"BASED ON THE DOCUMENTS YOU HAVE SUBMITTED TO US AND
THE INFORMATION ELICITED IN YOUR INTERVIEW WITH AN
AMERICAN CONSULAR OFFICER WE ARE NOT ABLE TO ISSUE YOU
AN H1-B TEMPORARY WORK VISA BECAUSE,

YOU HAVE ELECTED TO WITHDRAW YOUR H1-B PETITION.

FOR YOUR INFORMATION, YOUR VISA WAS REFUSED TODAY
UNDER SECTION 221G) OF THE IMMIGRATION AND
NATIONALITY. ESSENTIALLY THIS SECTION STATES THAT A
VISA CANNOT BE ISSUED TO ANYONE WHOSE APPLICATION DOES
NOT APPEAR TO THE CONSULAR OFFICER TO MEET THE
REQUIREMENTS OF THE INA OR OF THE REGULATIONS
THEREUNDER"

Kindly let me know should I consider this case as "Visa refusal" (though I have canceled it). If I say "Yes" should i send cancellatino letter along with EC docs ? folks, its extremely urgent one. I am all set to send docs for EC and waiting for this..

thanks,
ski