ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

PSW rejection and Appling for Dependent Visa..Plz Help!!

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

PSW rejection and Appling for Dependent Visa..Plz Help!!

Post by punjabi83 » Wed Dec 23, 2009 7:38 pm

Dear Friends,
I was in UK for 3 years and I applied for my psw in Feb2009, I got rejection in august 2009. HO gave me the reason that the documents I provided for my visa were fake and declare it a case of deception. My entry clearance is banned under paragraph 320(7B) for a year. I did appeal against it but after a month I quit it from my end and left the country in September.

My Fiancée got psw from uk now. We are planning to get marry as she is coming back to home. As per the refusal letter I had, I'm banned for one year but as per paragraph 281 and 295A, my entry will not be refused under 320(7B). This is clearly mention in the refusal letter. What you think, shall I get spouse/dependent visa easily if I will apply from my home country??
Last edited by punjabi83 on Thu Dec 31, 2009 1:15 am, edited 2 times in total.

meats
BANNED
Posts: 1102
Joined: Sat May 23, 2009 8:59 am

Re: PSW rejection and Appling for Spouse Visa..Plz Help!!

Post by meats » Wed Dec 23, 2009 8:43 pm

punjabi83 wrote:Dear Friends,
I was in UK for 3 years and I applied for my psw in Feb2009, I got rejection in august 2009. HO gave me the reason that the documents I provided for my visa were fake and declare it a case of deception. My entry clearance is banned under paragraph 320(7B) for a year. I did appeal against it but after a month I quit it from my end and left the country in September.

My Fiancée got psw from uk now. We are planning to get marry as she is coming back to home. As per the refusal letter I had, I'm banned for one year but as per paragraph 281 and 295A, my entry will not be refused under 320(7B). This is clearly mention in the refusal letter. What you think, shall I get spouse visa easily if I will apply from my home country??
You won't get it easily no, i believe that the ban will stay in place if deception was used previously.

rajamahmood85
Member
Posts: 157
Joined: Mon Dec 14, 2009 9:27 pm

Re: PSW rejection and Appling for Spouse Visa..Plz Help!!

Post by rajamahmood85 » Wed Dec 23, 2009 9:36 pm

Dont worry Punjabi. U are banned under 320 for 1 year as u left voluntarily but even under this article u r allowed to make spousal visa.
As per ur situation U will be granted PSW dependant visa without any doubt.
Mr. Meats is having very Negative,pessimistic, and destructive behaviour.
I have already advised him to see any doctor.He is useless and timewaster. He has always no idea what he is talking about. His information is baseless.
Even as per paragraph 281 and 295A, U will be granted a UK dependant visa whenever u make any spousal application.
Best of Luck

bym007
Member
Posts: 109
Joined: Tue Sep 01, 2009 10:38 am
Location: London

Re: PSW rejection and Appling for Spouse Visa..Plz Help!!

Post by bym007 » Thu Dec 24, 2009 2:34 am

rajamahmood85 wrote:Dont worry Punjabi. U are banned under 320 for 1 year as u left voluntarily but even under this article u r allowed to make spousal visa.
As per ur situation U will be granted PSW dependant visa without any doubt.
Mr. Meats is having very Negative,pessimistic, and destructive behaviour.
I have already advised him to see any doctor.He is useless and timewaster. He has always no idea what he is talking about. His information is baseless.
Even as per paragraph 281 and 295A, U will be granted a UK dependant visa whenever u make any spousal application.
Best of Luck
Without getting any personal, I do believe that a case of deception will always extra attention to it in future.

Your application will probably be checked for "fake" and "original" documents a number of times and probably every document cross checked. They will probably find any reason to reject your application.

However, if everything is "original" you will most probably get the visa after a long delay (because of cross checking everything).

vinny
Moderator
Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Re: PSW rejection and Appling for Spouse Visa..Plz Help!!

Post by vinny » Thu Dec 24, 2009 3:12 am

punjabi83 wrote:Dear Friends,
I was in UK for 3 years and I applied for my psw in Feb2009, I got rejection in august 2009. HO gave me the reason that the documents I provided for my visa were fake and declare it a case of deception. My entry clearance is banned under paragraph 320(7B) for a year. I did appeal against it but after a month I quit it from my end and left the country in September.

My Fiancée got psw from uk now. We are planning to get marry as she is coming back to home. As per the refusal letter I had, I'm banned for one year but as per paragraph 281 and 295A, my entry will not be refused under 320(7B). This is clearly mention in the refusal letter. What you think, shall I get spouse visa easily if I will apply from my home country??
Unfortunately, 281 and 295A are not applicable to spouses of PSW holders (319C). Ban will be applicable, unless you can successfully refute the deception allegation, i.e. show that the earlier documents were not faked, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: PSW rejection and Appling for Spouse Visa..Plz Help!!

Post by Wanderer » Thu Dec 24, 2009 10:05 am

rajamahmood85 wrote:Dont worry Punjabi. U are banned under 320 for 1 year as u left voluntarily but even under this article u r allowed to make spousal visa.
As per ur situation U will be granted PSW dependant visa without any doubt.
Mr. Meats is having very Negative,pessimistic, and destructive behaviour.
I have already advised him to see any doctor.He is useless and timewaster. He has always no idea what he is talking about. His information is baseless.
Even as per paragraph 281 and 295A, U will be granted a UK dependant visa whenever u make any spousal application.
Best of Luck
OP will have to make a PSW dependent visa app not a Spousal one and therefore still subject to a ban.
An chéad stad eile Stáisiún Uí Chonghaile....

meats
BANNED
Posts: 1102
Joined: Sat May 23, 2009 8:59 am

Re: PSW rejection and Appling for Spouse Visa..Plz Help!!

Post by meats » Thu Dec 24, 2009 5:00 pm

rajamahmood85 wrote: As per ur situation U will be granted PSW dependant visa without any doubt.
Mr. Meats is having very Negative,pessimistic, and destructive behaviour.
I have already advised him to see any doctor.He is useless and timewaster. He has always no idea what he is talking about. His information is baseless.
Looks like you're wrong yet again rajamahmood and my advice was correct about the ban staying in place.

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Fri Dec 25, 2009 1:58 am

Dear vinny and Wanderer, I had left UK in September then how could I prove my documents were not fake. My college couldn't get tier-4 status, because of this management decided to shut the college and I have no back up from my college.
As I left UK voluntary and on my own expenses, I'm banned for one year under paragraph 320(7B) because this is clearly mentioned in refusal letter.
But this is also mention that 320(7B) will not be implement if you will apply for visa under spouse/dependent/same sex partner/fiancée/relative visit/ or you are visiting as parent or grand parents of some one in uk.
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

My case was rejected under 322(1A) so HO banned me under 320(7B)
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
pls click on above link and go to 4.15

Wanderer, please check your answer again...sorry i didn't get it!!
you can apply for spouse visa if you are married with some one. Your children need dependent visa not your partner. Secondly read my answer carefully and this is not a story written by me but this what HO ppl has mentioned in rejection letter.

This is a request to everyone on the forum that please read others problem carefully and if you have a right idea (Positive/negitive) then please reply. Don't misguides or dishearten people with your own thinking and useless imagination. All feed backs are welcome.
thanks
Last edited by punjabi83 on Fri Dec 25, 2009 2:34 am, edited 2 times in total.

vinny
Moderator
Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Dec 25, 2009 2:07 am

Unfortunately, exemptions under 320(7C) are not normally applicable to applications under Paragraph 319A to 319K and Appendix E.

However, there may be hope:
RFL5.4 When does rule 320 (7B) not apply? Rule 320 (7C) wrote:In addition you must not refuse an applicant under 320(7B) if:

* false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;
Last edited by vinny on Fri Dec 25, 2009 2:21 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Fri Dec 25, 2009 2:20 am

Dera Vinny
I had copy paste it from ukba website please read it carefully and then let me know...

(7C) Paragraph 320(7B) shall not apply in the following circumstances:
(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,
(ii) a fiancé(e) or proposed civil partner under paragraph 290,
(iii) a parent, grandparent or other dependent relative under paragraph 317,
(iv) a person exercising rights of access to a child under paragraph 246, or
(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or
(b) where the individual was under the age of 18 at the time of his most recent breach of the UK's immigration laws.

click on the link and help yourself
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

vinny
Moderator
Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Dec 25, 2009 2:26 am

Can you see Paragraph 319A to 319K referred to in 320(7C)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Fri Dec 25, 2009 2:27 am

vinny pls click on this link

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

i think it will give you more satisfaction
My case was rejected under 322(1A) so HO banned me under 320(7B)
pls click on above link and go to 4.15

then let me know

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Fri Dec 25, 2009 2:35 am

Dear vinny,meats and Wanderer, I had left UK in September then how could I prove my documents were not fake. My college couldn't get tier-4 status, because of this management decided to shut the college and I have no back up from my college.
As I left UK voluntary and on my own expenses, I'm banned for one year under paragraph 320(7B) because this is clearly mentioned in refusal letter.
But this is also mention that 320(7B) will not be implement if you will apply for visa under spouse/dependent/same gender partner/fiancée/relative visit/ or you are visiting as parent or grand parents of some one in uk.


My case was rejected under 322(1A) so HO banned me under 320(7B)
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
pls click on above link and go to 4.15

Wanderer, please check your answer again...sorry i didn't get it!!
you can apply for spouse visa if you are married with some one. Your children need dependent visa not your partner. Secondly read my answer carefully and this is not a story written by me but this what HO ppl has mentioned in rejection letter.

This is a request to everyone on the forum that please read others problem carefully and if you have a right idea (Positive/negitive) then please reply. Don't misguides or dishearten people with your own thinking and useless imagination. All feed backs are welcome.
thanks

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Dec 25, 2009 9:40 am

punjabi83 wrote:Wanderer, please check your answer again...sorry i didn't get it!!
you can apply for spouse visa if you are married with some one. Your children need dependent visa not your partner. Secondly read my answer carefully and this is not a story written by me but this what HO ppl has mentioned in rejection letter.
U can only apply for a spouse visa if your partner holds ILR or is a British Citizen.

Ur fiancee is not one of those therefore the appropriate visa is PSW dependent. As such the ban waiver provision does not apply to u as u are not applying as a spouse.
An chéad stad eile Stáisiún Uí Chonghaile....

zyab
Newly Registered
Posts: 15
Joined: Fri Dec 25, 2009 10:58 pm

ccl psw coversion to hsmp.

Post by zyab » Sat Dec 26, 2009 12:53 am

hi all,
i am currently on psw visa issued on pgd from ccl. my current leave is valid till oct 2010. during psw visa i have done mba fom university of east london. and i have enough earnings to fulfill the requirements 4 hsmp.
this is a brief background, now what are my chances if i apply 4 hsmp keeping ccl in mind.
all the suggestions n cooperation would be whole hrtdly appreciated.
many thanks.[/img]

ajmal
Member
Posts: 135
Joined: Tue Sep 29, 2009 11:40 pm

Re: ccl psw coversion to hsmp.

Post by ajmal » Sat Dec 26, 2009 1:07 am

zyab wrote:hi all,
i am currently on psw visa issued on pgd from ccl. my current leave is valid till oct 2010. during psw visa i have done mba fom university of east london. and i have enough earnings to fulfill the requirements 4 hsmp.
this is a brief background, now what are my chances if i apply 4 hsmp keeping ccl in mind.
all the suggestions n cooperation would be whole hrtdly appreciated.
many thanks.[/img]



As soon as you submit your passport for hsmp or any other category the home office will first cancel your PSW and then Hold your passport until you decided to leave the country

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Sat Dec 26, 2009 1:15 am

dear zyab and ajmal....
please make a new message or categoury for your visa enquiry. This is my
enquiry and try to goto hsmp threads or make a new personal message. thanks

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Sat Dec 26, 2009 1:17 am

Dear Wanderer,
Thanks for your reply, so you means if would apply for psw dependent visa then there are more chances than psw spouse visa?

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Sat Dec 26, 2009 9:36 pm

any comment please....!!!!

vinny
Moderator
Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Dec 26, 2009 11:40 pm

As stated earlier, if you can satisfactory address the deception allegation, then you may have a chance. Else, you should wait until the ban period is completed.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Dec 27, 2009 7:42 am

punjabi83 wrote:Dear Wanderer,
Thanks for your reply, so you means if would apply for psw dependent visa then there are more chances than psw spouse visa?
Less chance. Also there is no PSW Spouse visa, only option is PSW dependant.
An chéad stad eile Stáisiún Uí Chonghaile....

vicky1234
Newly Registered
Posts: 25
Joined: Tue Aug 04, 2009 11:45 am

Post by vicky1234 » Mon Dec 28, 2009 12:40 pm

dear punjabi, you can apply as a psw dependent as per the law, I have been through you thread completely and this is clearly mentioned on ukba website that if you are providing fake documnet to HO for your visa then your visa will be refused under section 322(1a) AND your entry clearance will be refuse under para 320(7b) for one year.
But 320(7b) will not be implement on you if you apply from your home country as a dependent or a list of category.

Best of luck and ignore nasty people, who will try to demotivate you by their own immigration rules and You can find some of them easily on these thread.
You have everything on ukba website and your case is strong. HO will not refuse your visa coz that would be against their own law.

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Tue Dec 29, 2009 3:11 am

thanks vicky

you seems like a intelligent person who been through all the threads.
I know number of people on the sites are for entertainment and business.
I would suggest you to go for your appeal for psw by yourself rather than hire a solicitor. Because there is nothing they can do for you.
I am planing to collect my document and will file for the dependent visa soon.

If any genuine guy has some important information for me then please share your experience and guide me to lead for a successful application.

Thanks a lot in advance

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Wed Dec 30, 2009 3:38 pm

please let me know the supporting documents for psw dependent visa...
my fiancée is not working at all in UK but she has maintained her bank account from home country. Pls tell me how much money is require (in pounds) to get a dependent visa...

cheers..

punjabi83
Newly Registered
Posts: 16
Joined: Wed Dec 23, 2009 7:21 pm

Post by punjabi83 » Thu Dec 31, 2009 1:03 am

anyone please....!!

tuhadda_fuffar....please let me know as am gonna apply for visa from India, I can see from your post that you are helpful 2 others n have good knowledge of psw dependent visa.. I had sent you my e-mail in private msg, pls check it n reply me... help me veere

Locked