Bad history of application

[landrover8032]

Finally after many times applying, I got a 6-months job offer (applying outside the UK, research assistant, £30k annual salary). However, my visa application history is not that good. I unintentionally overstayed 2 months in 2014, which results in a year banning for visa applying (ended Feb 2015). I used to come back to the UK without knowing that my visa was curtailed, which led to a deportation (Aug 2014). My case detail can be found more here http://www.immigrationboards.com/uk-tie ... 71021.html.

I'm wondering about the chance to get the visa given the situation. Please advice any risks or anything I should do to improve the chance. My motivation to come back to the UK is to develop my career, my research area is not popular in my country, but very hot in the UK.

Thank you very much in advance.

[geriatrix]

I used to come back to the UK without knowing that my visa was curtailed, which led to a deportation (Aug 2014).

I think 320(7B) applies because of 320(7B)(vi).

[landrover8032]

Thanks for the answer. I have read 320(7B) and see my case fall into (7B)(i). I overstayed for about 2 months and left because of family issue. I also don't think I had an illegal entrant because when I came there, my biocard was still "valid" (I wasnt aware of the curtailment). My enter was refused so I didn't really enter. I have paid all the tickets on my own. Everything was unintentional.

By the way, do you mean because of deportation I should wait 10 years before reapply?

[landrover8032]

I have my result today. It is a refusal and the reason is that I did not submit my TB test when I intended to stay in the UK for more than 6 months (my start date and end date show exactly 6 months). However, I lived in the UK from 2007 to 2014, I have left the UK since Feb 2014, I am only away for 1 year and 7 months, and according to point 2 of their guidance (https://www.gov.uk/tb-test-visa/overview), I think I do not need to be tested:

Who doesn’t need to be tested
You won’t need a TB test if any of the following apply:

you’re a diplomat accredited to the UK
you’re a returning UK resident and haven’t been away for more than 2 years
you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

Can you please advise whether I should do an administration review or make a new application? Thank you very much in advance.

[physicskate]

Who doesn’t need to be tested
You won’t need a TB test if any of the following apply:

you’re a diplomat accredited to the UK
you’re a returning UK resident and haven’t been away for more than 2 years
you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

Can you please advise whether I should do an administration review or make a new application? Thank you very much in advance.

Do any of these apply to you? Are you a diplomat? Did you have ILR and weren't away for more than 2 years? Do you live where TB testing is not required (and haven't been away from it for more than 6 months)?

[landrover8032]

I think I'm a returning UK resident because I lived in the UK 6 years (student visa), and I have not been away for more than 2 years. I do not have ILR, if I have, probably I do not need to apply a visa hence do not need to consider TB test anyway.

I understand "returning UK resident" as someone who lived before in the UK with resident permit, then left and now return, rather than someone who is already a permanent resident (if so why do you need to apply a visa out of the country?). I do not know if this can convince the ECO but I am sure that this was not trivia for him to realize I lived in the UK before and have not been away for more than 2 years so maybe he missed that. Anyway it should have been much easier if I had obtained a TB test ...

[ff88]

As far as I know resident in tb test means someone who has ILR. No matter how many years you have spent, resident and 2 year rule is for people having ILR.

so u shud have submitted your tb test. I dont think you have bright chances of successful admin review. You should consider reapplying with tb test

[landrover8032]

Thank you very much fahadfaiz.

[vijayj]

As far as I know resident in tb test means someone who has ILR. No matter how many years you have spent, resident and 2 year rule is for people having ILR.

so u shud have submitted your tb test. I dont think you have bright chances of successful admin review. You should consider reapplying with tb test

If some one has ILR then there is no point to apply for VISA.
SO it does not make sense.
I am also confuse with return residence term in TB test. I am interested in this topic because i am going to switch my visa in India and currently in UK with valid BRP till 2017.

[vinny]

A returning resident is a specific immigration category, under 18-20.

[vijayj]

Thanks Vinny,

It seems we need to take TB test if we do not have ILR.
No matter if we come back from UK after spending several years.

18. A person seeking leave to enter the United Kingdom as a returning resident may be
admitted for settlement provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United
Kingdom; and
5
(iv)now seeks admission for the purpose of settlement

[thisismoyo]

I have my result today. It is a refusal and the reason is that I did not submit my TB test when I intended to stay in the UK for more than 6 months (my start date and end date show exactly 6 months). However, I lived in the UK from 2007 to 2014, I have left the UK since Feb 2014, I am only away for 1 year and 7 months, and according to point 2 of their guidance (https://www.gov.uk/tb-test-visa/<span id="IL_AD7" class="IL_AD">overview</span>), I think I do not need to be tested:

Who doesn’t need to be tested
You won’t need a TB test if any of the following apply:

you’re a diplomat accredited to the UK
you’re a returning UK resident and haven’t been away for more than 2 years
you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

Can you please advise whether I should do an administration review or make a new application? Thank you very much in advance.

Do NOT reapply with the used RCOS.. Get your employer to assign a new cos to you.

[landrover8032]

Thanks thisismoyo. This is a painful experience, we already missed the September rCoS application deadline.