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Unique Immigration Case, A challenge for Experts.

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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nigahban
Newly Registered
Posts: 17
Joined: Tue Sep 13, 2011 1:09 am
Location: Manchester

Unique Immigration Case, A challenge for Experts.

Post by nigahban » Mon Oct 14, 2013 11:38 pm

Hi All,

Get yourself ready for a long story. So there we go

I am a Pakistani national

Jan 2006 gave interview at British High Commission, Islamabad, Pakistan for student visa.

Entry Clearance Officer asked me 20 questions in total off those 1 is most important related to by current immigration status exact question and answer are below.

Q: What are you currently doing in Pakistan.
Answer: I am doing a job as lecturer.

He never asked me do i have any other job.

I still hold a copy of that interview.

Student visa granted arrived in UK Feb 2006. leave valid until 31 May 2007.

Leave to remain as student applied and granted until March 2008.
Leave to remain as student applied and granted again until June 2009.

while i was on student visa i Applied for HSMP in May 2008 in that application to get the employment points i used my genuine work experience from Pakistan as an IT Manager.

My HSMP application refused. reason i did not mention my IT Manager job in my very first interview to Entry Clearance Officer and case worker believed that i used deception and provided false documents with my application paragraph 320(7B) applied on me. No right of appeal give and no administrative review allowed as i was still holding valid leave when refusal arrived. No Action Taken.

Applied leave to remain as a Student for M.Phil course on a university admission letter. Leave granted until December 2011. No Issue raised about the so called deception in previous application HSMP 2009.

Completed my M.Phil Degree and applied got PSW granted until November 2013. In person application was made no issue raised for so called deception in HSMP case 2009.

On 05 April 2013 applied for my Entrepreneur visa application refused due to bank statement and no advertising material provided. Not for the deception used in HSMP 2009. No right of appeal and AR given as i was still holding my PSW visa.

On 07 June 2013 applied again for my Entrepreneur visa with fresh documents. Today my application is refused on the basis that i had used so called deception in my previous HSMP application is 2009 paragraph 322(1A) applied this time this is only reason of refusal i am given full( 75 + 10 + 10) points for all my attributes.

Questions:

1: What do i need to do?? No right of appeal and AR as still got valid leave until November 2013.

2: Should i apply again? What are my chances?

3: Why the case worker(s) did not refused my previous 3 applications(2 successful 1 failed) on the basis of deception in HSMP 2009? They pointed on my most recent application again 4th since i been refused HSMP 2009.

4: What are my chances of getting a positive decision if i go for Judicial Review? How much is the approx cost?

5: Would i be allowed to run business/work while Judicial Review is pending? I am on PSW right now.

6: Please reply if someone is in same boat as me and have positive decisions. I am sure here may be people on the form so please reply.

7: My eldest child is born in UK and 5 year old never been out of the UK. I been in UK for 7 years 9 months. My Mrs is in UK for 6+ year she also got her 3 brother , 3 sister, Uncle and Ants with families all British Nationals. Shell i made a Human Rights application on the above basis and plus i completed M.Phil Degree and Running a Successful business too.

Please note i always ticked NO on all the application forms in section D of immigration history D11 Has the applicant ever used deception when seeking leave to enter or remain.


Hope you all understand my scenario and interesting story. I Would be very very grateful for any help.

Thanks to all in advance and wish me luck. :) :) :)

Once Again Many Many Thanks In Advance.

smartmind101
Junior Member
Posts: 67
Joined: Sun Jun 02, 2013 1:36 pm

Logic

Post by smartmind101 » Mon Oct 14, 2013 11:51 pm

My friend, I have full sympathy with you, but If you understand Tier 1 Ent Visa deeply, you should have understood by now that Home Office is not giving this visa to people who are about to complete their 10 yrs legal residency in this country.

My advice - Don't waste your time and money in Ent Visa Route. Check out 10 yrs legal stay route or Right to family life route. Thanks !!

vinny
Moderator
Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 15, 2013 12:35 am

Please continue in previous thread.
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