Tier 1 dependent refusal

[arsenal49]

Hi Arsenal49. I have a question and can you please send the answer to my email address: xxx

I entered UK as a student in Sep 2005. I could not finish the course and worked a overtime as my mom was diagnosed with cancer and i had to support the family. My extension for visa was refused on may 2008 amd i voluntarily left UK on june 5 2008.

now i am married and my wife is in uk in a psw visa valid till october 2010. i applied for the psw dependant visa and my visa was refused citing paragrpagh 320 and 32011.

the case officer has also mentioned that i have not submitted any proof of communication between and my wife. I am now planning to reapply because i have the mails and messenger chats plus the photographs pof us together in UK and in India.

Will it be possible that i get the visa again if i provide them the details of my mothers cancer treatment and insist that my intentions were to complete the course but couldnt as i had to support the family.

i finished my first semester in the uni and i have the transcript for it as well. further i also completed a pg diploma and have the certificate and the transcripts.

please let me know soon

thanks

anonymous

[arsenal49]

Ok the paragraph the caseworker is citing relates to you not complying with laws during your previous stay(student). And that is the fact that you can not argue about as you DID work over time (whatever the reason).

The only way you can argue your case is that extra works you did was not "significant" AND refute the other reason mentioned e.g proof of your marriage etc.

This is how you should go about with your appeal.

Say, that the work you did was insignificant in bigger picture. You are allowed to work 20 hrs during term time and unlimited hours during vacation. Do a calculation; Tell them How much you actually earned during your stay AND how much was earned illegally e.g. working more than 20 hours. Subtract two amounts and argue that this is insignificant amount given your circumstances. Add info about your mothers illness, doctors diagnosis, whtever it takes, so that caseworker feels for you and your SPECIAL case. Attach a heart-felt letter from your dad, or whatever, which would further add weight to your defence.

Then mention that you completed your studies anyway so your intentions were pure and you were victim of your special circumstances.

This should give you a good chance of being able to allow to go to UK.

I dont want to give you false hopes as i am also an outsider and dont know exactly how this appeal will be received by the Home Office. But, the paragraph under which you are refused, has some room for you to argue case and its anybody's guess if it will be sucessfull or not.

I wish you all the best.

PS. i have created anonymous post on your behalf incase you wanna contribute/ask anything else. There alre loads of helpful people in here and i have no as such expertise as compared to them. This will give your appeal better chance.

Kind regards,


PARAGRAPH 320(11) - FAILURE TO OBSERVE TIME LIMIT OR CONDITIONS ATTACHED TO PREVIOUS STAY
Whether or not a passenger satisfies the formal requirements of another paragraph of the Rules, under Paragraph 320(11) his previous immigration history may be taken into account. Refusal under this paragraph is appropriate where a person has shown by his previous conduct that he has contrived in a significant way to frustrate the purpose of the Rules. It is not intended that this paragraph should be used in a punitive manner, and the immigration officer should not seek to rely on, for example, a minor period of overstaying as a sole ground for refusal.

[Biggy01]

There are so many rules under Paragraph 320 and the case worker might not be refering to the issue of working hours in this case. it might be any other reason under that paragraph.
Alot (80%) of international students work more than 20 hrs and still got thier Visa extended!

[arsenal49]

There are so many rules under Paragraph 320 and the case worker might not be refering to the issue of working hours in this case. it might be any other reason under that paragraph.
Alot (80%) of international students work more than 20 hrs and still got thier Visa extended!

He clearly said "... i applied for the psw dependant visa and my visa was refused citing paragrpagh 320 and 32011".

And, caseworker needs to PROVE under which particular para he is refusing the application. and it happens to be 320(11)...

regards

[Biggy01]

How did the case worker got to know that he worked more than 20 rhs and does he also know that he droped out of uni? Please clearify.

[Biggy01]

because there is know way the case worker will know if he had work more than 20 hrs without him saying it! and most of the times the case worker uses informations given to him against applicants, therefore the best way to deal with a case worker is to give short and accurate ans than given deatails.

[arsenal49]

because there is know way the case worker will know if he had work more than 20 hrs without him saying it! and most of the times the case worker uses informations given to him against applicants, therefore the best way to deal with a case worker is to give short and accurate ans than given deatails.

Ummm national insurance number!!! They can pull all the records directly from there . Obviously they knew about him working over time and thats why his extension was refused in the first place.

If you are allowed to work only 20 hours and you happen to have earned 12k in an year... that must mean he was doing more than 20 hours a week. The caseworkers need to corroborate what is said in the application and there are other sources available at his disposal. He uses these sources to back up the claims made by an applicant on his application form.

It would be foolish to assume they dont know anything except what someone says in his/her application.

regards

[Biggy01]

Well, I agree with you but a case worker don't go into the affair of knowing how much you earn or no of hrs you do every week provided you give him what you need. remember UKBA and HM revenue and customs are two diff entity and formal request have to be sent to HM for job verifications! If all applicants N.I are to be checked then it will take the whole yr for applications to be returned back to individuals.
They might choose to do ramdom checks once a while and he might be a victim.

concerning the issue of working for 20 rhs and earn 12k a yr? I think this is possible and i'm a living witnes! Where i work to date pays £15 per hr on weekends and I work 10rhs on sat and 10 hrs on sun. which = £270 (after tax). £270 mult by 4 = £1080 and £1080 mult by 12 =£12,960 (provided we have just 4 weeks in a month)