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Student to Tier 2 (x2) to Tier 1 but concerns about 320(7C)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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pleasantvalleygal
Newly Registered
Posts: 1
Joined: Sun Apr 18, 2010 7:10 pm

Student to Tier 2 (x2) to Tier 1 but concerns about 320(7C)

Post by pleasantvalleygal » Sun Apr 18, 2010 7:24 pm

Here is my story. I came to the UK as a short-term student in 2003 when you could come for a single semester without a full student visa. During my time there I met and started dating a UK citizen. I visited him in the UK for a week or two at a time once or twice a year. In 2005 I came back to the UK as a graduate student (3 year visa). At the end of my time, I got a job in the UK and received a one year Tier 2 visa (Jan 2009). During my stay on the Tier 2 Visa, my then boyfriend propose and we eloped in Gibraltor. I had no intention (still have no intention) of applying for a spousal visa and got married solely because I wanted to be married to him. My job contract was extended and my visa was granted a 1 year extension (Aug 2010). Now that I have a years worth of pay slips I as hoping to apply for a Tier 1 visa. I have over 85 of the required 75 points.

HOWEVER, coming home from a conference in Belgium last night (and super tired because of the Ash cloud difficulties) I really annoyed the Immigration officer. Because of the number of visas I had in my passport, and the fact that I acknowledged that I married a British Citizen in Gibraltor while on my work Visa (he was standing next to me and I wasn't going to lie!) she got very suspicious. She wanted to see my ticket back to the states for August which I didn't have because I was going to wait and see if my Tier 1 application was accepted before purchasing it. She then asked if I was going to switch to a spousal visa in the UK and I said no (truth) and that I would go back to the states before applying for a spousal entry. She eventually let me in but was adament that I arrange travel plans for August and not overstay my visa.

I am really nervous about my tier 1 application now though because she was writing down everything I said and I am concerned that if I apply for an extention IN COUNTRY it will look like I was lying about leaving the country before applying for residency.

I know I can't claim emotional distress for lack of clarity ini my responses. Is this likely to a) be in my record b) held against me.

If so, how can I mitigate this?

Many thanks. CC

beecharmer1800bc
Member
Posts: 148
Joined: Sat Mar 27, 2010 10:43 am

Re: Student to Tier 2 (x2) to Tier 1 but concerns about 320(

Post by beecharmer1800bc » Mon Apr 19, 2010 4:15 pm

pleasantvalleygal wrote:Here is my story. I came to the UK as a short-term student in 2003 when you could come for a single semester without a full student visa. During my time there I met and started dating a UK citizen. I visited him in the UK for a week or two at a time once or twice a year. In 2005 I came back to the UK as a graduate student (3 year visa). At the end of my time, I got a job in the UK and received a one year Tier 2 visa (Jan 2009). During my stay on the Tier 2 Visa, my then boyfriend propose and we eloped in Gibraltor. I had no intention (still have no intention) of applying for a spousal visa and got married solely because I wanted to be married to him. My job contract was extended and my visa was granted a 1 year extension (Aug 2010). Now that I have a years worth of pay slips I as hoping to apply for a Tier 1 visa. I have over 85 of the required 75 points.

HOWEVER, coming home from a conference in Belgium last night (and super tired because of the Ash cloud difficulties) I really annoyed the Immigration officer. Because of the number of visas I had in my passport, and the fact that I acknowledged that I married a British Citizen in Gibraltor while on my work Visa (he was standing next to me and I wasn't going to lie!) she got very suspicious. She wanted to see my ticket back to the states for August which I didn't have because I was going to wait and see if my Tier 1 application was accepted before purchasing it. She then asked if I was going to switch to a spousal visa in the UK and I said no (truth) and that I would go back to the states before applying for a spousal entry. She eventually let me in but was adament that I arrange travel plans for August and not overstay my visa.

I am really nervous about my tier 1 application now though because she was writing down everything I said and I am concerned that if I apply for an extention IN COUNTRY it will look like I was lying about leaving the country before applying for residency.

I know I can't claim emotional distress for lack of clarity ini my responses. Is this likely to a) be in my record b) held against me.

If so, how can I mitigate this?

Many thanks. CC
Long story but a good read none the less.
I honestly don't think you have anything to worry about other than making sure that you have all the documents required when applying for your tier 1 visa.
That you have decided to apply IN COUNTRY can just be a change in your circumstances and more over, the law permits you to apply in-country.
So go for it and all the best.
Don't waste your time working hard-work smart

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