Overstaying

[alexsh1]

This is a question for a friend of mine.

His Tier 4 visa expiry was on 31/10/10 and he took another course and had to extend the visa. Due to not collecting all documents to score on the funding section, he overstayed and applied
a Tier-4 renewal on 19/11/10. This application has been refused on 05/01/11 based on .... Then on 22/01/11 he left the UK and returned to his home country. As the course was running, he made a fresh application, which was refused based on 320(7B) for overstaying with 1 year ban to enter the UK.

Question: Together with a Tier 4 Entry extension refusal letter dated 05/01/01, another letter was enclosed stating that the applicant has to contact the UKBA (local) not later than 26/01/11 in order to collect the passport. In the last Entry Clearance refusal made from the home country, UKBA says "You did not leave the UK on 22/01/11"...Why? The applicant left the country on 22/01/11 - there is a ticket confirmation!
There are a number of other mistakes - like UKBA stated that the Tier 4 was refused on 05/01/10 and not 05/01/11!!!

Does UKBA add
up all overstaying days (19/11 - 31/10 + 22/01 - 05/01)?

Your help is appreciated as the application for the administrative review is now prepared.

[Greenie]

your friend overstayed from 1st November 2010 to when he left the country on 22nd January 2011.

The fact that he made an application on 19th November 2010 doesn't mean that he stopped overstaying at that point as the application was made out of time.

Therefore the decision to refuse entry clearance and impose a one year ban under 320 (7B) is correct.

Why was the original application refused on 5th Jan?

[kkj]

@Greenie

My friend applied for Tier 4 extension on time in Mar-2009 but application returned by UKBA with the reason of 'invalid photographs' and been told to re-apply quickly as visa expired. She re-applied within 10 days but its an out of time application by principal.

UKBA keept application for 6 months then refused with 322(1A) false document with one-year ban (3207B) if leave volunterily without any right of apeal. She made a quick contact with UKBA and follow all instructions and proceedure as told by UKBA and left with 25 days of decision in Dec-2009.

Now if she applied again for Tier 4 after one-year UKBA cannot refused application with 320(7B) as ban is abolished but they will must try 320(11).

Is there anything you see in above circumstances which help them to impose 320(11)?? Please help!

[arsenal49]

what is 320(11)

[Shenel]

what is 320(11)

a friend of mine who overstayed 3 months, got 6 mnths tourist visa last week after one year ban...they didnt refused his app under 320-11.....

[kkj]

I think 320(11) does not relates to visit visas. Its relates to PBS migration system. Somebody will confirm it????????

And only 'overstaying' as a single reason cannot fullfil the requirment of 320(11) by principal.

[Greenie]

I think 320(11) does not relates to visit visas. Its relates to PBS migration system. Somebody will confirm it????????

And only 'overstaying' as a single reason cannot fullfil the requirment of 320(11) by principal.

320(11) applies to all categories of applications and says that:

where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

[Greenie]

@Greenie

My friend applied for Tier 4 extension on time in Mar-2009 but application returned by UKBA with the reason of 'invalid photographs' and been told to re-apply quickly as visa expired. She re-applied within 10 days but its an out of time application by principal.

UKBA keept application for 6 months then refused with 322(1A) false document with one-year ban (3207B) if leave volunterily without any right of apeal. She made a quick contact with UKBA and follow all instructions and proceedure as told by UKBA and left with 25 days of decision in Dec-2009.

Now if she applied again for Tier 4 after one-year UKBA cannot refused application with 320(7B) as ban is abolished but they will must try 320(11).

Is there anything you see in above circumstances which help them to impose 320(11)?? Please help!

Please read the guidance on 320(11), which give examples of when 320(11) will be applied.

Chapter 2 is the most relevent

http://www.ukba.homeoffice.gov.uk/sitec ... -refusing/

It doesn't sound like there were aggravating circumstances from what you have said but without knowing the full facts of the case and the nature of the false document it is difficult to advise.

[vinny]

See also 320(11) or 320(7B) ??

[kkj]

Thank you very much for your reply Greenie and Vinny. Let me tell you the situation step by step:

==============================================
She applied for LTR on old rules in Mar'09. The visa expiry date was 31st Mar'09. Application returned by UKBA in Apr'09 with the reason of invalid photographs.

That time Tier 4 was become enforce and she has been told by UKBA to re-apply under new Tier 4 rules within 15 days.

She was applied extension for ACCA course. The college she was applied from was on new Tier 4 sponsor list but she needs new CAS documents as per new rules. When she went to college, they ask to submit 8000 pounds for new documents and she dont have that much money in hand.

She went to another college which is known by some relatives as she had a very short time to re-apply.

New college guys said the ACCA course are on their list but at the moment they do not offer any ACCA course and the batch will start in Sep'09. She can take admission in any other course and pay the deposit fee and when the ACCA course will start they will transfer her in that course with all fee she paid and remaining balance will be payable in installements. She agreed as there was no time and choice.

Only one BCS computer diploma course was suitable that time with one month gap issue. She got enrolled and paid to get CAS for visa extension. She start attending classes and even get registered as student member of BCS and paid subscription/charges.

Everything was fine. She re-applied for LTR on Tier 4 in April'09. UKBA send her acknowledgement and after some time she got biomatric letter in Jun'09 and appointment in July'09 which she go through smoothly. But she did not receive any ID card or her passport back.

In Jul'09 college sent her a notice to pay remaining fee of BCS diploma course. She went to admin and told them she will pay in Sep'09 when ACCA course starts as decided and agreed before. Everything was fine.

In Sep'09 college did not start any ACCA course and told her she has to pay the full fee for BCS/DIT course as college is not starting any ACCA course. She refuse to pay as she was keenly programmed herself for ACCA. She stop attending that diploma course and start looking for another college for ACCA but in a meanwhile she received her documents back on 1st Oct'09 with refusal 322(1a) false CAS documents with one-year ban if leave volunterily. She called to college but they refuse to recoganize her and been told this is your punishment.

She tried to tell the situation to UKBA 5-6 time in a week but whenever she phoned them she got rude response and been told she could describe this in appeal but there is no appeal rights given cause of out of time application and she can only appeal from home country once she left UK. UKBA guys were only insisting to leave UK volunterily asap and threating deportation and punishment.

She feel so stressed and helpless. She decided to leave within time and as per UKBA reporting proceedure, she made appointments and follow whatever UKBA staff told her.

She left UK within 22 days from decision receiving date.
==============================================

These are full facts and true circumstances of the case. Now whats your opinion? Is there anything you see in above circumstances which help them to impose 320(11)?

[alexsh1]

your friend overstayed from 1st November 2010 to when he left the country on 22nd January 2011.

The fact that he made an application on 19th November 2010 doesn't mean that he stopped overstaying at that point as the application was made out of time.

Therefore the decision to refuse entry clearance and impose a one year ban under 320 (7B) is correct.

Why was the original application refused on 5th Jan?

Thanks for your quick reply and apologies for my belated reaction.
Are you sure about if the application is accepted for the review than it doesn't mean the overstaying is stopped??? This was my understanding. The application 5th Jan was refused due to the fact that there was a shortfall once on the bank account below the allowed minimum. In this case the salary confirmation of parents and a relation to the parents were enclosed, but was not accepted. I have asked him for the exact wording on the refusal letter. He did not have a chance to appeal in the UK as the application was late (19th Nov and visa expired 31 Oct). Is it possible to appeal against the 5th Jan decision in the home country now please?

[geriatrix]

Are you sure about if the application is accepted for the review than it doesn't mean the overstaying is stopped???

No.

Out of time applications are not covered by section 3C protection.


regards

[alexsh1]

Are you sure about if the application is accepted for the review than it doesn't mean the overstaying is stopped???

No.

Out of time applications are not covered by section 3C protection.
regards

Thanks for your reply! Very useful answer.

This is the University advisor who advised him to overstay to get Visa.

There is a letter from the University confirming that the applicant did not have a CAS number until mid Nov 2010...But I guess all these reasons do not count, right?