URGENT......Tier 1 DEPDNT rejected under section 320(7A)

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 12:50 pm

Will anyone please help me on how to resolve this. My case is below
I am Tier 1 (General) applicant in U.K. Recently I have applied for Tier 1 dependent visa for my wife and daughter at chennai VFS. However, the visa was rejected under section 320(7A). The reason is we didn't include the details one of of previous visa application to Germany. The thing is my comapny applied for Germany workpermit for me and workpermit dependent visa for my wife and daughter. However, before a decision was taken out Germany embassy, my employer withdrew the application. So my visa is neighter approved or refused. This is the reason I have not mentioned this in VAF10 form. There is no corresponding question in VAF10 which asks all applied applications. They only ask for if visa is rejected only...

I have been given a right to appeal. How can I prove BHC that visa is not rejected and the application is withdrawn before any decision has been made.

Please, please help me in this.

Thanks

tier1from_uk · Post by **tier1from_uk** » Wed Feb 11, 2009 1:17 pm

hi,

whenever a visa gets refused, they put a refusal stamp on the passport...... u can send the copies of all pages of ur passport while making an appeal. but this could take time........ u can make a fresh application.

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 1:22 pm

On my passport, I don't find any refusal stamp. I have found this stamp
"Visa applied for on dd/mm/yyy CG Germany, Chennai D". That's it and nothing more than this. Is it same as refusal..

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 1:25 pm

And one more thing, When I applied as a Tier 1 main applicant, it didn't pose any problem for me. But when applied for my dependent, this was the rejection I got.

Can I show them that Main application visa wa successfull so they can't deny dependents visa for the same reason...

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 1:49 pm

Hello,
Please reply to this post. I am desparate for your advice. What does this section 320(7a) mean.. Can I make a fresh application without going for Administrative Review.

I beg your help on this.

thanks

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 2:18 pm

Hello,
Can someone please help me on the course of action to be taken.

plz plz help.

Kaff · Post by **Kaff** » Wed Feb 11, 2009 2:32 pm

Don't beg and panic just request for input and wait for the responses from seniors.
Here is my response, if you didn't have any rejection reason which is strange, then you can apeal that no reason was provided and as a proof passport copies were provided where no visa rejection is found.
This might take logner.

On the other hand apply as Fresh application and provide all supporting documents and covering letter clarify decision/no decision about german visa.

Rest wait for the response from seniors and be patience.

gotcha · Post by **gotcha** » Wed Feb 11, 2009 2:32 pm

ganeshptrk wrote:Hello,
What does this section 320(7a) mean.

According to UKBA site ,

where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Can I make a fresh application without going for Administrative Review.

I beg your help on this.

thanks

It must be mentioned on refusal letter, if you are entitled to any appeal.

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 2:35 pm

My wife was given a chance for Administrative Appeal. Can I simply attach a covering letter stating that the application was not refused by German consulate, but it was withdrawn before any decision has been made. Is this covering letter enough, or do I have to get a letter from German consulate.

Also, another pointed to be noted here is, when I applied as main applicant, my tier 1 visa was approved without any problem. Can I make this point in covering letter.

thanks

gotcha · Post by **gotcha** » Wed Feb 11, 2009 2:40 pm

ganeshptrk wrote:My wife was given a chance for Administrative Appeal. Can I simply attach a covering letter stating that the application was not refused by German consulate, but it was withdrawn before any decision has been made. Is this covering letter enough, or do I have to get a letter from German consulate.

Also, another pointed to be noted here is, when I applied as main applicant, my tier 1 visa was approved without any problem. Can I make this point in covering letter.

thanks

If admin review is free, why not give a go. Explaining them neatly reason/if possible evidences about what you are saying.

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 2:40 pm

Hi,
I didn't have any rejection reason, because the application was simply withdrawn before any decision.

I think I cannot make a fresh application. becuase the reject letter says any future applications will be automatically rejected for next 10 years. However I have a right to appeal.

Kaff wrote:Don't beg and panic just request for input and wait for the responses from seniors.
Here is my response, if you didn't have any rejection reason which is strange, then you can apeal that no reason was provided and as a proof passport copies were provided where no visa rejection is found.
This might take logner.

On the other hand apply as Fresh application and provide all supporting documents and covering letter clarify decision/no decision about german visa.

Rest wait for the response from seniors and be patience.

Kaff · Post by **Kaff** » Wed Feb 11, 2009 2:41 pm

Yes, you can make both points in covering letter, I don't know if you are able to supply additional evidence for your admin review.

Pierrot95 · Post by **Pierrot95** » Wed Feb 11, 2009 5:00 pm

ganeshptrk wrote:On my passport, I don't find any refusal stamp. I have found this stamp
"Visa applied for on dd/mm/yyy CG Germany, Chennai D". That's it and nothing more than this. Is it same as refusal..

AFAIK, when you apply for a visa, the embassy put that stamp on your passport before considering your application. If your visa is later approved, the visa is stamped over it. So when your passport is returned to you without the visa, that stamp is generally seen as a refusal.
I suggest you go back to the German embassy to ask for a stamp or that page stating "No prejudice to you" or something like that, or get a letter from them saying that your application was withdrawn.
Maybe you can just explain this in your appeal.

-------

ganeshptrk · Post by **ganeshptrk** » Wed Feb 11, 2009 6:50 pm

Hi Pierrot95
Thanks for your comments. The only hope I have is to get a letter or something like that from German Embassy to state that it is not for a visa refusal.

But can you clarify me, how come I got Tier 1 visa for myself. When I applied as main applicant someting in Aug 2008 under the same conditions, my visa was approved. Is it something like the ECO didn't bother to look into this. Or he observed this, thought it was ok and issued the visa. Actually, on the page in passport where the remarks from German Embassy are printed, the U.K embassy also put a remark just on top it with visa ref number and date. I think the visa officer actually observed the German Embassy comments but thought it was ok.

nksg · Post by **nksg** » Wed Feb 11, 2009 7:22 pm

Hi ganeshptrk,

I think you need to be extra careful as Section 320(7 A) means 10 year ban on Visa.. Its better if you seek professional advice for your family. Dont take it lightly. To what i have read BIA has started following this act after 11th November 2008. You got away with your tier 1 as you must have applied before this date. I would say if you try to fight case on basis of your EC, there is a high chance of same result on yr visa too and your visa will get cancelled (i am not trying to scare you) but this is a real serious issue. Dont fight your case just on the fact that you got away with it.. and also.. i am surprised how come you did not see "Application Recieved stamp" from german HC. It means your application was recieved by the councelate and for such stamp means not approved, not necessarily rejection.

I am not sure on the application but when i filed my initial application some years back i do remember answering question "Have you applied for any other country visa in last 3 years?" along with other questions...

better seak professional advice..

ganeshptrk · Post by **ganeshptrk** » Thu Feb 12, 2009 8:11 am

Hi all,
Thanks for all those who replied. I just wanted to give you an update from myside on how I will going on appeal. Please give your suggestions.

Firstly, I just give about what the problem is. Sometime in Sep,2007 my employer in India applied for German work permit. I submitted all documented along with my wife and child passports. However, the project got cancelled, so I withdraw the application. The passports and documented returned to me with a note "Visa applied on dd/mm/yyyy German Consular Chennai D".

I applied for Tier 1 (General) in June 2008. As the above was not a rejection and I had no other visa rejection, I answered "NO" to the question "Has your visa has ever been refused by anyother country including UK". And I got my Tier 1 visa stamped

Now when I applied for Tier 1 dependent for my wife and child, this time also I answered "NO" to the question above. However, this time the dependent was rejected saying that a false declaration was made as they observed the stamp on my dependents passport. They have taken it as a refusal message and not a application withdrawl.

I spoken to visa section of German Consulate, chennai. I have all of our passport numbers to know if the stamp on the passport is actually indicates a refusal of application withdrawl. They checked their systems and confirmed that it IS ONLY AN APPLICATION WITHDRAWL AND NOT A REFUSAL.

As applications withdrawn before a decision has been taken are NOT SAME AS VISA REFUSALS, I can appeal stating that no false information was provided.

So far so lucky, but German Consulate said they cannot give any letter stating this is the withdrawl of the application and not a refusal. It is not their policy to provide a documentation on personal basis. They said if U.K embassy wants any information, they can check with German embassy and it is what all embassies practice.

Now can I go ahead with appeal with clearly stating that this is not a refusal, but merely application withdrawl and also confirmed by German Consulate. If British High Commission wants an assurance to support my statement, they can always contact Germany embassy as they have all passport numbers.

Please tell me if this reasoning is enough to win the appeal.

Sorry for my long mail, thanks for reading.

thanks
Ganesh

nksg · Post by **nksg** » Thu Feb 12, 2009 12:14 pm

Hi Ganesh,

Looks like you are on the right path. I checked the latest form myself and was not see any question as i initially mentioned.. (My mistake).

I would say you have a point here as your german visa was not rejected, hence there is no question of putting on the form. If German HC is not willing to give you any letter , i think you should speak to your employer, if they can conform this..

Make sure you prepare your case properly.. try to find some information on german website on what "application recieved" means.. since form does not ask to mention about "visa applied", you are right by answering NO.

I would only say just dont mention your case in this.. as you got away with it because you applied before nov 2008. I will try to find the link and post it later..

Other members comments/feedback welcome..

hsmp28122006 · Post by **hsmp28122006** » Thu Feb 12, 2009 12:21 pm

nksg wrote:Hi Ganesh,

Looks like you are on the right path. I checked the latest form myself and was not see any question as i initially mentioned.. (My mistake).

I would say you have a point here as your german visa was not rejected, hence there is no question of putting on the form. If German HC is not willing to give you any letter , i think you should speak to your employer, if they can conform this..

Make sure you prepare your case properly.. try to find some information on german website on what "application recieved" means.. since form does not ask to mention about "visa applied", you are right by answering NO.

I would only say just dont mention your case in this.. as you got away with it because you applied before nov 2008. I will try to find the link and post it later..

Other members comments/feedback welcome..

I agree with whatever nksg said.

tvn_ramesh · Post by **tvn_ramesh** » Thu Feb 12, 2009 12:29 pm

Agree with NKSG..

If German HC is not willing to give you any letter , i think you should speak to your employer, if they can conform this..

Even if the German HC do not give you a letter you got the clear information from them that it is case of withdrawal n not rejection.. so use this verbal confirmation (as a confidence) and write a cover letter about your discussion with G HC.. and also put in the letter the contact details of the G HC incase they want to confirm from German HC.. which is equavalent to letter from GHC..

Again a letter from your employer is very GOOD supporting Evidence which is very much required.. Go get a letter explaining your situation, Employer confirming histroy of things happened is more stronger than you telling the story..

Good luck mate, you really require this.. hope you will unite with your family soon in UK...

ganeshptrk · Post by **ganeshptrk** » Thu Feb 12, 2009 5:49 pm

Hi all,
Thanks for your suggesstions. These have filled confidence in me. I have been given AIT-2 form for appeal. It this same as Administrative Review..?

How many days will it take for BHC to reach the decision on appeal.

Thanks

tech · Post by **tech** » Sun Feb 15, 2009 9:33 am

Make sure you quote time and date, possibly full name of german consular office who verbally confimred this and write a letter with full contact details to verify this information. Provide specific information and get a employer letter confirming the application was withdrawn so all you can back up everything you say on the covering letter.

ganeshptrk · Post by **ganeshptrk** » Tue Mar 03, 2009 11:38 am

Hi All,
I want to share the good news that I have. My dependents got their Tier 1 visas stamped on Feb 24. I managed to get a letter from German Consulate saying that the application was only a withdrawl and not a refusal. I resubmitted the application with this letter. Without going to appeal, they considered this evidence and issued visa in just 2 days. They are now in U.K with me.

thanks

gotcha · Post by **gotcha** » Tue Mar 03, 2009 11:41 am

ganeshptrk wrote:Hi All,
I want to share the good news that I have. My dependents got their Tier 1 visas stamped on Feb 24. I managed to get a letter from German Consulate saying that the application was only a withdrawl and not a refusal. I resubmitted the application with this letter. Without going to appeal, they considered this evidence and issued visa in just 2 days. They are now in U.K with me.

thanks

Congrats ! Must be very stressfull for you.

nksg · Post by **nksg** » Tue Mar 03, 2009 11:57 am

congratulations...

.. Now just retain this letter for the extn purpose.. you never know what can create troubles..

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URGENT......Tier 1 DEPDNT rejected under section 320(7A)

URGENT......Tier 1 DEPDNT rejected under section 320(7A)