tier 1 refused (deception)

ali000 · Post by **ali000** » Wed Mar 18, 2009 10:56 pm

HI EVERY ONE,

I am on igs visa here. I applied for tier 1 general before 3 months.unfortunately home office refused me on 10 march because they cant verify my past earnings from my home country.on the refusal letter the visa officer is saying : you have submitted false papers of past earning with your application so your application is refused under paragraph 320.and visa officer is also saying on the refusal letter that you have used deception in the application so your future applications will be refused under paragraph 321.
I just want to ask is there is any chance for me to extend my igs visa which is due to extend in june and i have to apply for post study visa for 1 year..what will be the affect of this refusal on my this igs visa.

I will be very thankful.

T_mahmood · Post by **T_mahmood** » Thu Mar 19, 2009 7:56 am

I would suggest you to consult a professional lawyer to look into your case. I wounder why if you have used false paper, they why you yoused it and you should have known the consequences of it.

ssuresh83 · Post by **ssuresh83** » Thu Mar 19, 2009 9:31 am

did u forge any documents for prev earnings?

confusedhsmp · Post by **confusedhsmp** » Thu Mar 19, 2009 9:40 am

its a shame that you chose to use fake documents for your earnings.

But you should be able to extend you leave from within UK. Any applications made from outside UK like entry clearance will be refused. Unless you want to appeal the same and contest the HO accusation (if you are innocent)

drjabberwocky23 · Post by **drjabberwocky23** » Thu Mar 19, 2009 12:04 pm

Did you try to decive them, or was it just that the caseworker was unable to verify your earnings?

nksg · Post by **nksg** » Thu Mar 19, 2009 12:46 pm

You need to take this very seriously .. hire a solicitor asap (if your documents are really geniuane). My understanding on "refused under paragraph 321" states that your future application (any) will be refused automatically.... for next 10 years.. as you have tried to decieve the system by providing false information. This applies to your igs extn too...

ukk · Post by **ukk** » Thu Mar 19, 2009 2:24 pm

hi

sorry to here that but would you mind to tell in details what exactly happened .

which category did you apply from home country

employed or self employed and what supportive documents did you submit .

my one of friend has a same problem but he got through .

reply soon ,so we can work faster

regards

TireOne · Post by **TireOne** » Thu Mar 19, 2009 4:22 pm

Please check this out on Immigration Law. this information might helpful for you to make a decision to make any further applications for extension to stay (Leave to remain) under paragraph no: 321 , 322

"Grounds on which leave to remain in the United Kingdom is to be refused

(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.
(1A) 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/

maheshnair · Post by **maheshnair** » Thu Mar 19, 2009 5:10 pm

Friend ali000 ,

If your was genuine then you can fight the case . There are many lawyers . But if it was fake no options buddy . Pack up .

If it was fake , I dont understand how first of all you had the idea of doing this . That too in UK .

I would have done in somalia

ali000 · Post by **ali000** » Thu Mar 19, 2009 10:30 pm

I did not use deception.my papers and earning was real.i am going to fight with it.on the same time my igs is going to expire so i have to apply for extension.I dont know what wil the result.1 more thing,on the refusal letter home office is saying that your future entry clearence&leave to entre will be refused for one year but there is no mention of leave to remain.what does it mean.and i am applying leave to remai(post study).is there is any chance?kind regards to every 1

TireOne · Post by **TireOne** » Fri Mar 20, 2009 12:38 am

As you mentioned above that you received a refusal under the paragraph 320, 321. of an immigration rule. So please my friend you should have to read the exact immigration rule...and also read out the paragraph no 322 as well... where it is clearly mentioned that if you got refusal under set of parts 2-8 (which are in paragraph 320) .. ...Please read part 7A...finally according to my knowledge about immigration rules in paragraph no 322 it is very clear that if you will be refused under paragraph 320 (2-8 ) parts .....322 will automatically implement on the applicant......

so please watch out these instruction before making any decision;

@@@

Refusal of variation of leave to enter or remain or curtailment of leave
322.

In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules,

the following provisions apply in relation to the refusal of an application for variation of leave to enter or remain or, where appropriate, the curtailment of leave:

Grounds on which leave to remain in the United Kingdom is to be refused

(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.
(1A) 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.

@@@[/quote]

levix5 · Post by **levix5** » Fri Mar 20, 2009 8:25 am

This is my understanding of issues relating to deception on leave to remain applications (applications made within the UK).

An application can be refused on the grounds of previous deception (on a previous leave to remain or leave to enter application) only when making a leave to enter application (application made from outside the UK). A leave to remain application (made within the UK) will be refused on the grounds of deception pertaining to that particular application.

I have no legal training, so i may be wrong, but if you read the immigration rules it says nothing about refusing future leave to remain applications based on previous deception. I believe this only pertains to leave to enter applications. You need to get a good lawyer to argue the case.

but if you have used fake documents boy..you're done!

ukk · Post by **ukk** » Fri Mar 20, 2009 9:12 am

ali000

I am still waiting for your reply

please provide details what category did u apply and what were the documents .

my friend has the same problem and she won in tribunal .she had a documents from home country

waiting for your reply

drjabberwocky23 · Post by **drjabberwocky23** » Fri Mar 20, 2009 10:23 am

I think the best option is to seek formal legal advice.

confusedhsmp · Post by **confusedhsmp** » Fri Mar 20, 2009 10:36 am

I know it should say leave to enter only.

THe reason being you used deception in the papers that did not orignate in UK. So your Leave to enter application will be affected. You can still apply for leave to remain.

If you havnt got Right of Appeal then dont worry. Write a long letter to HO Case Worker with Bigh Heading as RECONSIDERATION/ADMIN REVIEW with your points of dispute. keep a copy of this letter.

If any of your future applications are refused you can use this letter to prove your innoscence (if you are)

hoopsy · Post by **hoopsy** » Fri Jun 19, 2009 12:12 pm

Ps what process did your friend follow in tribunal?

manishmittal · Post by **manishmittal** » Fri Jun 19, 2009 7:50 pm

Here is what 322(2) says:

Grounds on which leave to remain in the United Kingdom should normally be refused
(2) the making of false representations or the failure to disclose any material fact for the purpose of obtaining leave to enter or a previous variation of leave;

That means, if you had applied earlier and used deception, your present application may be refused.

Consult with good immigration consult like worpermit.com people, they can help you.

Immigrationboards.com: Immigration, work visa and work permit discussion board

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