Advice required on wording and immigration history

[ms1993]

Hello everyone
We are almost ready to submit the application and require some guidance on the following:

1) Husband’s student extension due to expire April 2014, SAR request shows a date of new application raised a day before expiry (exact date unknown from personal knowledge)
Husband left for R of Ireland in March 2015
Refusal recurved April 2015
Was he able to remain for that one year pending decision for new Tier 4?

2) when husband left for Ireland March 2015, sar shows authorities were looking for him as visa expired. They couldn’t find him to serve notice I’m assuming. He had entered Ireland via port hence no record. Solicitor says this looks prejudicial. Any thoughts?

2) For visit to other countries exc UK, we’ve included R of Ireland. Reason for entry (unsure what to say??)
Solicitor says to join brother which is incorrect as husband entered with one UK national by port and then brother joined after (brother uk national) I’m not sure what wording to use? He went there to settle as a permitted family member of EEA national. Brother wanted to exercise treaty rights to allow this.

Please advise

[seagul]

Was he able to remain for that one year pending decision for new Tier 4?

Yes only if the new valid application was submitted before the expiry. Ideally If he had left the UK then he should have informed to HO and had withdrawn his application.

[ms1993]

Many thanks for your always helpful advice Seagul

[ms1993]

Hello everyone

We made a SAR request to ascertain previous travel history as we hadn’t kept a record. The SAR request lists date of application, outcome date and start date.

For purposes of visa issue date within the form - do we use the date of application or start date?

Very confused about this - any advice is appreciated

[seagul]

For purposes of visa issue date within the form - do we use the date of application or start date?

It can be visa start date which can be found on BRP/approval letter.

[ms1993]

For purposes of visa issue date within the form - do we use the date of application or start date?

It can be visa start date which can be found on BRP/approval letter.

Thank you Seagul. I never knew about BRP until now and it was clearly marked in the SAR so that solves that issue.

Second issue and last - within the SAR - there’s a refusal related to another country however my spouse is adamant that this application was never made at all. It only came to light because of the SAR request so we’ve had to declare this within the form. Is it worth explaining within cover letter that we were not aware of this refusal (include sar pge) and advise that we have declared this as this is the information ukba seem to hold but would like to make aware that the reason for refusal is unknown... Because we don’t know

Is that wise?

[seagul]

For purposes of visa issue date within the form - do we use the date of application or start date?

It can be visa start date which can be found on BRP/approval letter.

Thank you Seagul. I never knew about BRP until now and it was clearly marked in the SAR so that solves that issue.

Second issue and last - within the SAR - there’s a refusal related to another country however my spouse is adamant that this application was never made at all. It only came to light because of the SAR request so we’ve had to declare this within the form. Is it worth explaining within cover letter that we were not aware of this refusal (include sar pge) and advise that we have declared this as this is the information ukba seem to hold but would like to make aware that the reason for refusal is unknown... Because we don’t know

Is that wise?

Good to hear that your first issue solved. For second issue yes you can as its good idea.

[ms1993]

For purposes of visa issue date within the form - do we use the date of application or start date?

It can be visa start date which can be found on BRP/approval letter.

Thank you Seagul. I never knew about BRP until now and it was clearly marked in the SAR so that solves that issue.

Second issue and last - within the SAR - there’s a refusal related to another country however my spouse is adamant that this application was never made at all. It only came to light because of the SAR request so we’ve had to declare this within the form. Is it worth explaining within cover letter that we were not aware of this refusal (include sar pge) and advise that we have declared this as this is the information ukba seem to hold but would like to make aware that the reason for refusal is unknown... Because we don’t know

Is that wise?

Good to hear that your first issue solved. For second issue yes you can as its good idea.

Thanks Seagul - I think the wording we will use is

In relation to refusal on X date, we would like to notify the case worker that we were not aware of this refusal until we had received the SAR request. We have declared this within the application as it appears to be the information you hold and would like to advise that this remains the reason why the refusal reason is listed as unknown.

* we will only insert the page which highlights this refusal rather than the whole SAR request so hopefully this will suffice and I suppose the rest remains with the HO and their better judgement...

[ms1993]

Advice needed on last issue that has arisen


1) Passport 1 used by my spouse to enter the UK on a Tier 4 Student. Also used to make a fresh new application for tier 4 whilst in country - currently retained by UKBA as never requested back - second Tier 4 subsequently refused after husband had left the UK
2) Passport 2 requested whilst Passport 1 was with UKBA for consideration. Passport 1 was reported as stolen to request Passport 2. Passport 2 now expired and in our possession
3) Passport 3 in date and in use

for purposes of online application - Passport 1 is described as lost however technically it wasn’t lost but only reported lost in order to obtain passport 2

what do we say for the online application? Do we choose ‘lost’ as it was originally reported and provide explanation within cover letter that my spouse didn’t know he could have requested it back - which is in fact what happened?

Thete is an option which says ‘other’ but I’m not sure if that’s the right option to use as it was never lost in the first place and I’m worried this may count against us - will it??

[ms1993]

Any advice then?

[seagul]

Advice needed on last issue that has arisen


1) Passport 1 used by my spouse to enter the UK on a Tier 4 Student. Also used to make a fresh new application for tier 4 whilst in country - currently retained by UKBA as never requested back - second Tier 4 subsequently refused after husband had left the UK
2) Passport 2 requested whilst Passport 1 was with UKBA for consideration. Passport 1 was reported as stolen to request Passport 2. Passport 2 now expired and in our possession
3) Passport 3 in date and in use

for purposes of online application - Passport 1 is described as lost however technically it wasn’t lost but only reported lost in order to obtain passport 2

what do we say for the online application? Do we choose ‘lost’ as it was originally reported and provide explanation within cover letter that my spouse didn’t know he could have requested it back - which is in fact what happened?

Thete is an option which says ‘other’ but I’m not sure if that’s the right option to use as it was never lost in the first place and I’m worried this may count against us - will it??

UKVI strictly dislike lying and exercise no discretion over it. A passport with HO can never be reported as lost/stolen. It can be an issue whenever get known to them.

[ms1993]

Advice needed on last issue that has arisen


1) Passport 1 used by my spouse to enter the UK on a Tier 4 Student. Also used to make a fresh new application for tier 4 whilst in country - currently retained by UKBA as never requested back - second Tier 4 subsequently refused after husband had left the UK
2) Passport 2 requested whilst Passport 1 was with UKBA for consideration. Passport 1 was reported as stolen to request Passport 2. Passport 2 now expired and in our possession
3) Passport 3 in date and in use

for purposes of online application - Passport 1 is described as lost however technically it wasn’t lost but only reported lost in order to obtain passport 2

what do we say for the online application? Do we choose ‘lost’ as it was originally reported and provide explanation within cover letter that my spouse didn’t know he could have requested it back - which is in fact what happened?

Thete is an option which says ‘other’ but I’m not sure if that’s the right option to use as it was never lost in the first place and I’m worried this may count against us - will it??

UKVI strictly dislike lying and exercise no discretion over it. A passport with HO can never be reported as lost/stolen. It can be an issue whenever get known to them.

Thanks seagul - please can you tell me if it is gov.uk to be used or Visa4UK for applications?

[seagul]

Better to visit gov.uk website where you select your country of application & biometrics which will then direct you to application page.

https://visas-immigration.service.gov.u ... -selection

[ms1993]

Better to visit gov.uk website where you select your country of application & biometrics which will then direct you to application page.

https://visas-immigration.service.gov.u ... -selection

Thanks seagul. Is there any detriment to using the visa4uk? I ask as our solicitor has completed the form via visa4uk but I was recently made aware of the .gov site too and wondered if there’s a major issue in continuing use of visa4uk?

[seagul]

Better to visit gov.uk website where you select your country of application & biometrics which will then direct you to application page.

https://visas-immigration.service.gov.u ... -selection

Thanks seagul. Is there any detriment to using the visa4uk? I ask as our solicitor has completed the form via visa4uk but I was recently made aware of the .gov site too and wondered if there’s a major issue in continuing use of visa4uk?

I don't think there will be any issue if application has been made through visa4uk because in near past it was the only site to apply. Since you have already so better to wait n see.

[ms1993]

Better to visit gov.uk website where you select your country of application & biometrics which will then direct you to application page.

https://visas-immigration.service.gov.u ... -selection

Thanks seagul. Is there any detriment to using the visa4uk? I ask as our solicitor has completed the form via visa4uk but I was recently made aware of the .gov site too and wondered if there’s a major issue in continuing use of visa4uk?

I don't think there will be any issue if application has been made through visa4uk because in near past it was the only site to apply. Since you have already so better to wait n see.

Seagul, please can I confirm if the following is sufficient?

1) Employers letter dated in July
2) Housing inspection reported dated July
3) July bank statement
4) July paper statement
5) Communication / evidence of up until August

Ideal date to submit by is 22 August as my pay date was 26 July

Am I on the right lines?

[seagul]

Better to visit gov.uk website where you select your country of application & biometrics which will then direct you to application page.

https://visas-immigration.service.gov.u ... -selection

Thanks seagul. Is there any detriment to using the visa4uk? I ask as our solicitor has completed the form via visa4uk but I was recently made aware of the .gov site too and wondered if there’s a major issue in continuing use of visa4uk?

I don't think there will be any issue if application has been made through visa4uk because in near past it was the only site to apply. Since you have already so better to wait n see.

Seagul, please can I confirm if the following is sufficient?

1) Employers letter dated in July
2) Housing inspection reported dated July
3) July bank statement
4) July paper statement
5) Communication / evidence of up until August

Ideal date to submit by is 22 August as my pay date was 26 July

Am I on the right lines?

If you are planning to apply by 22nd August then your documents can be dated until 25th July to meet the 28 days requirement. communication evidence can be even until biometrics.

[ms1993]

Thanks seagul. Is there any detriment to using the visa4uk? I ask as our solicitor has completed the form via visa4uk but I was recently made aware of the .gov site too and wondered if there’s a major issue in continuing use of visa4uk?

I don't think there will be any issue if application has been made through visa4uk because in near past it was the only site to apply. Since you have already so better to wait n see.

Seagul, please can I confirm if the following is sufficient?

1) Employers letter dated in July
2) Housing inspection reported dated July
3) July bank statement
4) July paper statement
5) Communication / evidence of up until August

Ideal date to submit by is 22 August as my pay date was 26 July

Am I on the right lines?

If you are planning to apply by 22nd August then your documents can be dated until 25th July to meet the 28 days requirement. communication evidence can be even until biometrics.

Thank you Seagul
Payslip date of 26th July for June is ok?

[seagul]

I don't think there will be any issue if application has been made through visa4uk because in near past it was the only site to apply. Since you have already so better to wait n see.

Seagul, please can I confirm if the following is sufficient?

1) Employers letter dated in July
2) Housing inspection reported dated July
3) July bank statement
4) July paper statement
5) Communication / evidence of up until August

Ideal date to submit by is 22 August as my pay date was 26 July

Am I on the right lines?

If you are planning to apply by 22nd August then your documents can be dated until 25th July to meet the 28 days requirement. communication evidence can be even until biometrics.

Thank you Seagul
Payslip date of 26th July for June is ok?

Should be alright because its very usual that employees/workers get paid next week/month of their previous week/month's work.

[ms1993]

Seagul, please can I confirm if the following is sufficient?

1) Employers letter dated in July
2) Housing inspection reported dated July
3) July bank statement
4) July paper statement
5) Communication / evidence of up until August

Ideal date to submit by is 22 August as my pay date was 26 July

Am I on the right lines?

If you are planning to apply by 22nd August then your documents can be dated until 25th July to meet the 28 days requirement. communication evidence can be even until biometrics.

Thank you Seagul
Payslip date of 26th July for June is ok?

Should be alright because its very usual that employees/workers get paid next week/month of their previous week/month's work.

Correct thank you Seagul.

Always knowledgeable. Lastly, is the process:

1 Online application
2 Biometrics
3 Submission of evidence

- Is it useful to provide a utility/council bill in addition to housing inspection report?
- On the application form, a question asked is will your sponsor be travelling with you? Does this only apply if I’m in Pakistan and return with him?


Thinking long term - will the process be repeated again in 33 months - same level of evidence etc etc? May as well prepare myself mentally now!

[seagul]

1 Online application
2 Biometrics
3 Submission of evidence

yes. Maybe point 2 & 3 together depending on vfs centre.

- Is it useful to provide a utility/council bill in addition to housing inspection report?

Yes if you can as they further strengthened the accomodation evidence although optional.

- On the application form, a question asked is will your sponsor be travelling with you? Does this only apply if I’m in Pakistan and return with him?

Yes from outside UK

Thinking long term - will the process be repeated again in 33 months - same level of evidence etc etc? May as well prepare myself mentally now!

More Evidences will be needed especially due to 2 yearly cohabitation evidences. Rest will remain almost same except A2 ielts will needed instead A1

[ms1993]

1 Online application
2 Biometrics
3 Submission of evidence

yes. Maybe point 2 & 3 together depending on vfs centre.

- Is it useful to provide a utility/council bill in addition to housing inspection report?

Yes if you can as they further strengthened the accomodation evidence although optional.

- On the application form, a question asked is will your sponsor be travelling with you? Does this only apply if I’m in Pakistan and return with him?

Yes from outside UK

Thinking long term - will the process be repeated again in 33 months - same level of evidence etc etc? May as well prepare myself mentally now!

More Evidences will be needed especially due to 2 yearly cohabitation evidences. Rest will remain almost same except A2 ielts will needed instead A1

I’ll worry about the extension once we get passed this first hurdle.

I’m sure I’ll have more questions as I get closer to submission but I really can’t thank you enough and very much appreciate your advice.

[ms1993]

Hi seagul

So I’ve finally confirmed the online application with the solicitor and I wanted to ask a question. My solicitor has set my expectations that due to the immigration history and the fact that my spouse left the UK for Ireland mid way a Tier 4 application, (without informing the UKBA) it may look slightly negatively. And of course the passport issue may also impact the decision too. We have evidence and have seen via the sar that all applications were in date; he was not an overstayer nor did he receive a notice to leave the country. (They were looking for him to serve but he’d left by then).

He’s had one refusal for the Tier 4, a family visit for Dubai refused (which we’ve clarified previously with you) and a current ongoing appeal in ROI which I’ve previously listed in previous posts. He’s currently in Pakistan where were making the spouse visa

How badly do you think this may impact the application? We meet all other requirements but I know it’s subjective

I also know you’re not in a positive to offer legal advice but I just wanted your thoughts?

Thanks

[seagul]

Advice needed on last issue that has arisen


1) Passport 1 used by my spouse to enter the UK on a Tier 4 Student. Also used to make a fresh new application for tier 4 whilst in country - currently retained by UKBA as never requested back - second Tier 4 subsequently refused after husband had left the UK
2) Passport 2 requested whilst Passport 1 was with UKBA for consideration. Passport 1 was reported as stolen to request Passport 2. Passport 2 now expired and in our possession
3) Passport 3 in date and in use

for purposes of online application - Passport 1 is described as lost however technically it wasn’t lost but only reported lost in order to obtain passport 2

what do we say for the online application? Do we choose ‘lost’ as it was originally reported and provide explanation within cover letter that my spouse didn’t know he could have requested it back - which is in fact what happened?

Thete is an option which says ‘other’ but I’m not sure if that’s the right option to use as it was never lost in the first place and I’m worried this may count against us - will it??

UKVI strictly dislike lying and exercise no discretion over it. A passport with HO can never be reported as lost/stolen. It can be an issue whenever get known to them.

Above one will definitely cause issue and delays.

[ms1993]

Advice needed on last issue that has arisen


1) Passport 1 used by my spouse to enter the UK on a Tier 4 Student. Also used to make a fresh new application for tier 4 whilst in country - currently retained by UKBA as never requested back - second Tier 4 subsequently refused after husband had left the UK
2) Passport 2 requested whilst Passport 1 was with UKBA for consideration. Passport 1 was reported as stolen to request Passport 2. Passport 2 now expired and in our possession
3) Passport 3 in date and in use

for purposes of online application - Passport 1 is described as lost however technically it wasn’t lost but only reported lost in order to obtain passport 2

what do we say for the online application? Do we choose ‘lost’ as it was originally reported and provide explanation within cover letter that my spouse didn’t know he could have requested it back - which is in fact what happened?

Thete is an option which says ‘other’ but I’m not sure if that’s the right option to use as it was never lost in the first place and I’m worried this may count against us - will it??

UKVI strictly dislike lying and exercise no discretion over it. A passport with HO can never be reported as lost/stolen. It can be an issue whenever get known to them.

Above one will definitely cause issue and delays.

I suspect so too although I want to be completely honest therefore I will be including a paragraph in the circumstances explaining that my husband didn’t know he could request the passport back - which he actually didn’t. And then hope for the best!

So we will have to see how this one fairs out. There was another user within the forum pinayintheuk I believe but I can’t see any further updates from this user? Very similar situation