URGENT: Tier-1 dependent visa refused and appeal process

[akris]

Hi,

I have applied for Tier-1 HSMP dependent visa along with my child to join my husband in UK. It is refused based on 320(7A) grounds - failure to disclose material facts.

Basically, I applied for a Visa to US in Jan 2007, but it was refused, but no stamp was given in the passport or no accompanying documents of why it was refused. When now applying for UK visa, there was a Q6.3: Have you ever refused a visa earlier to any country ...".. My husband and I had questions and doubts about this, because whether this related to the stamp on the passport. So, we put a NO.

And now it was rejected under 302(7A). I want to know what is the future action or step I should take ? I have couple of questions: Is it not mandatory that there should be a refusal stamp in the passport when visa is refused and/or some documentation to that effect should be posted ? Can this provide a suitable ground for contention or appeal ?

Now, it seems like there is 10 year ban written in the refusal document, and my husband and I are thinking of appeal. It is very disheartening. Do you have any experience with such cases or can you help me how we should go about this ?

Thanks so much for looking !
akris

[Hope2007]

I am sorry to hear that.
what does your husband do in the uk?
what all your had submitted for visa?

How long is his current visa valid for ?

[akris]

Hi Hope,

thanks so much for the quick reply !

He is a medical professional working as a doctor there. We submitted all the necessary documents and the ECO expressed satisfaction that all our documents are satisfactory, except for this.

My husband has valid visa to stay there for couple of years I think and then to be extended. I will find out.

Thanks,
akris

[Hope2007]

something similar

http://www.immigrationboards.com/viewto ... 26e4049771

did you declare in the application "Yes" where it would say "was your visa refused to other country"?

what did you answer?

[akris]

we put a "No" that question..
I saw that post which is similar to our case, but in that case, the visa processing did not reach a conclusion or so.

but there is no refusal stamp or documentation in my passport ? I should have crosschecked when filling the application form.

[akris]

Can anyone please help with this ??

[push]

we put a "No" that question..
I saw that post which is similar to our case, but in that case, the visa processing did not reach a conclusion or so.

but there is no refusal stamp or documentation in my passport ? I should have crosschecked when filling the application form.

Its immaterial whether your passport carries a rejection stamp etc. On the face of it the fact is you misrepresented (whether or not material to the application, and whether or not to the applicant's knowledge) your case. I guess you will need to seek professional advice here.

[destiniation_london]

we put a "No" that question..
I saw that post which is similar to our case, but in that case, the visa processing did not reach a conclusion or so.

but there is no refusal stamp or documentation in my passport ? I should have crosschecked when filling the application form.

I'm sorry to hear about your case, but I don't think they stamp any kind of rejection on passport. It just gets added in their database against your case history.

I, guess, best bet for you would be to consult any immigration lawyer.

[akris]

Hi,

Thanks for your responses.

Do any of you know if there are any such cases, and if so, what is the best form of appeal, humanitarian grounds and human rights act. My husband, myself and my child were all living separately and this was the time we planned to reunite.

so, if any advice/suggestions you have about possible good immigration lawyers in UK whom my husband can contact in this regard, and the form of appeals, what to write, what supporting documentation to provide, that will be very helpful.

it is a very painful process.

thanks.

[Hope2007]

hi dont be in pain...its not end of the world...
having said that it may be difficult for both of you as you are 2 different countries....

i am sure, you husband has internet connection in the uk and he can use google web site to search for a lawyer ..

or try this
http://www.gumtree.com/london/visa-services_133_1.htm

[ganeshptrk]

Hi Akris,
I had a similar problem in the past. My wife's dependent visa was rejected under the same section. I took a profesional advice from an attorney. If you are from Chennai, I can give you their details if you are interested.

cheers

[barbar]

You knew you had previously applied for a visa and it was refused. So the answer you gave in your application form was not true and that's attempted deception. It would be hard to argue that your previous immigration history was not relevant to your application.

And as far as human rights I think that whilst your right to family life is of course recognised, you cannot necessarily choose where to live it. Presumably there is no reason why your husband can't return to live with you in your home country - I think that's how the UKBA and the law looks at it.

[ving]

Akris,
Sorry to hear the case.
If other country visa was rejected then the answer should have been "Yes" in the application; You could mention the rejection reason in the space provided after the question.
A stamp will be given in the passport irrespective of the approval or rejection of visa.
If you observe now in ur passport, a Uk stamp should be ther in ur passport, but is it showing(in text) rejected?... no ..right.?
So, stamp may not indicate a approval or rejection of visa. But a stamp will be there which means application is made for EC for that country.
The same way, when you applied for US visa a stamp should have been there, but you are saying no stamp is there, surprised and confusing.
Seniors any comments.?

UKBA intrested in knowing your past immigration history, does not necessarly mean it would reject UK visa if other country visa was rejected.
i heard there are people who got 6 or 7 visa rejections for other countries and successfully got UK visa after providing all rejection resons and being genuine.

In eyes of ECO, your application is trying to hide material facts by not disclosing your US visa refusal, so the rejection happend.

You stated your US visa was rejected and no letter sent, but as far as my understanding goes any country visa rejection should send you a rejection letter may/ may not provide a rejection reason in it. And i believe you are very much sure that your visa was rejected rather withdrawn/cancelled before decision was taken.
If you want to know why the US visa rejection was happend you can request for rejection letter, i believe US consulate should provide you that.
You can try in getting this letter if you feel it would help in your AR.

You can give a try in admin review, contact a good lawyer, here you can provide additional documents as rejeciton falls in 320(7a), try to get very supporting documents with the strong base of facts.

Try to update your status here, i see there are very good exp people over here, who could help you in every step.

Give your best, rest leav it to god.

[mulderpf]

Ving, you don't necessarily get a rejection stamp in your passport when applying for a visa. Many countries only put a visa / stamp in your passport if you are successful. Case in point is Canada, they process your entire application (it used to take years) and only if you were successful, do they call for your passport and do they put a stamp in it. The US is the same.