Expert advice needed

[helpingperson]

Hi

My last student visa extension appeal is refused. I have made new Tier4 application now after that appeal refusal meeting all requirements.

My previous application was refused due to deception in PSW application.


My partner is on student visa, she has applied for Entrepreneur visa and waiting for decision. She is pregnant and baby is expected in next 10 days.

Due to deception my position is very weak. I want to make dependent as Tier1 Entrepreneur of my partner or discretionary leave application.

Can you please advise me what applications should I make? Which application has better chance of success?

Any ideas will be appreciated.

[helpingperson]

Any one please reply on below?

Hi

My last student visa extension appeal is refused. I have made new Tier4 application now after that appeal refusal meeting all requirements.

My previous application was refused due to deception in PSW application.


My partner is on student visa, she has applied for Entrepreneur visa and waiting for decision. She is pregnant and baby is expected in next 10 days.

Due to deception my position is very weak. I want to make dependent as Tier1 Entrepreneur of my partner or discretionary leave application.

Can you please advise me what applications should I make? Which application has better chance of success?

Any ideas will be appreciated.

[equitydealer]

Can you provide the exact reason given for refusal by the ECO

[Greenie]

You can't switch in country from tier 4 to tier 1 dependent. Discretionary leave will no longer be granted after 9 July. I don't see how you would qualify for leave on the basis of your private or family life in this scenario.

[helpingperson]

You can't switch in country from tier 4 to tier 1 dependent. Discretionary leave will no longer be granted after 9 July. I don't see how you would qualify for leave on the basis of your private or family life in this scenario.

Thank you Greenie and others for your reply.

Reason of deception is fake diploma in PSW application. It is long story but in short courts have decided that there was deception and diploma was fake.

I know I cant switch in country from Tier4 to Tier1 Dependent. But under human rights, home office may use discretion and allow me to make in country application as long as meet other points. My baby is days old and my wife will be involved in setting up business, they need me with them. If i leave UK, I will have 1 to 10 year ban due to deception. Under article 8 they must consider my family rights.
Even if I leave country now, and apply Tier1 dependent from back home, if Home Office does not put a ban on my application still just for processing an application, it can take months, for all that period who is going to look after my wife and my baby.


Your any helpful and positive thoughts will be remembered and appreciated.

[Greenie]

Ukba are not going to grant you leave as a dependent on discretionary grounds when you have been refused leave on grounds of deception. As i understand from your previous posts your wife does not even have leave under tier 1 entrepreneur yet. Why would she set up a business and apply for leave under tier 1 in the full knowledge that you currently have no leave to remain and have been refused due to deception, other than because you are trying to find any way possible to remain here? Why can't you and your wife set up a business and enjoy your family life in your home country?

[helpingperson]

Ukba are not going to grant you leave as a dependent on discretionary grounds when you have been refused leave on grounds of deception. As i understand from your previous posts your wife does not even have leave under tier 1 entrepreneur yet. Why would she set up a business and apply for leave under tier 1 in the full knowledge that you currently have no leave to remain and have been refused due to deception, other than because you are trying to find any way possible to remain here? Why can't you and your wife set up a business and enjoy your family life in your home country?

Thanks Greenie.

My partner meets all requirements of Tier1 Entrepreneur visa and we strongly believe she will get visa. She will set up business after she gets visa. I will also apply dependent once she has got the approval.

Secondly about setting business in home country, situation is very bad back home and also my most of the family actually whole family apart from 2 family members is living in UK. I dont want to leave my family and relative and start living back home.

I am trying and I have every right to try for better future.


I will again request to everyone that be a helpful and understanding person as you can be in bad situation any time so no need to be pessimistic or harsh.

[Greenie]

I am not being pessimistic or harsh, i am being realistic. You don't qualify for leave as a dependent in country as you are well aware. In order to be granted leave on family life grounds you would have to show that your family life would be interfered with and any interference is disproportionate. Your wife is not settled in the UK, she is here as a temporary migrant currently. If she now chooses to apply for leave under tier 1 she does so in the full knowledge that your situation in the UK is precarious and that you don't qualify for leave as her dependent under the rules. Given these circumstances the ukba will not use discretion to grant you leave as her dependent and an immigration judge is unlikely to find in your favour because there is nothing stopping you both from returning to your home country and using your £200k to support yourself there.

[helpingperson]

I am not being pessimistic or harsh, i am being realistic. You don't qualify for leave as a dependent in country as you are well aware. In order to be granted leave on family life grounds you would have to show that your family life would be interfered with and any interference is disproportionate. Your wife is not settled in the UK, she is here as a temporary migrant currently. If she now chooses to apply for leave under tier 1 she does so in the full knowledge that your situation in the UK is precarious and that you don't qualify for leave as her dependent under the rules. Given these circumstances the ukba will not use discretion to grant you leave as her dependent and an immigration judge is unlikely to find in your favour because there is nothing stopping you both from returning to your home country and using your £200k to support yourself there.

I thank you for your response.
You are being realistic in fact extra realistic. You are looking at one side of picture. Human rights and discretion are for some reason. I will give it a shot, it is worth a try. There are many people in this country who have got visas for reasons no one would believe.

I already know my case and reality. I want someone to just help me give it a try, I will do what I can. Rest I will leave with my Almighty God. If it does not happen for me, then I have no regrets.