I need advice

[Shower20]

I applied for a tier 4 visa in September, 2014 but was refused on the ground that i provided an attestation of birth as evidence of relationship which is not an acceptable document to establish a relationship for the purpose of financial sponsorship under tier 4. The attestation claimed i was born into the family of mr -- (father) and mrs -- (mother) instead of step mother. They also noted on my previous application that i have declared my mother as mrs -- but on the application that was refused, i changed it to my step mother's name because i was presenting her bank statement as she was sponsoring my educational expenses. Right now, i wish to apply for a general visit visa but i am scared that i may be refused again or get banned. Please what should i do??

[Greenie]

Did they actually accuse you of deception in the Tier 4 refusal and refuse you under paragraph 320(7A)?

[Shower20]

Under maintenance i scored 0 out of 10 points and the ECO comment was as follows: As evidence of your funds you have provided evidence of financial sponsoring from Mrs --- who is stated as your mother. As stated in paragraph 13B(a) of Appendix C of the immigration rules. You have provided an attestation of birth as evidence of your relationship to this person which is not an acceptable document to establish a relationship for the purpose of financial sponsorship under Tier 4. I also note that on your previous applications you have declared your mother as Mrs --- therefore i am not satisfied you are related as claimed. I therefore refuse your application under paragraph 245ZV(c) of the immigration rules.

[Mauser1905]

previous applications

Had you submitted application after application? How many refusals earlier and reasons?

I suspect you may have red flagged your case very badly by this domino effect.

[Shower20]

I haven't submitted any application since that time. I want to submit another application to visit the uk for 2 weeks holiday. I have always travelled and i don't overstay. I have just been refused once and the reason was what i have stated above. I don't think i have been red flagged because on the refusal letter, they gave me an option for administrative review or to submit a fresh application.

[vinny]

Under maintenance i scored 0 out of 10 points and the ECO comment was as follows: As evidence of your funds you have provided evidence of financial sponsoring from Mrs --- who is stated as your mother. As stated in paragraph 13B(a) of Appendix C of the immigration rules. You have provided an attestation of birth as evidence of your relationship to this person which is not an acceptable document to establish a relationship for the purpose of financial sponsorship under Tier 4. I also note that on your previous applications you have declared your mother as Mrs --- therefore i am not satisfied you are related as claimed. I therefore refuse your application under paragraph 245ZV(c) of the immigration rules.

The two Mrs were different people. They were confused between your biological mother and your step mother.

[Shower20]

@ vinny Yes i guess they were confused.

[Greenie]

I am not clear did the attestation give your mother's name or your step mother's name as your mother?

Regardless of this, by falsely claiming on your application form that your step mother is your mother, you now risk an automatic refusal and 10 year ban under paragraph 320(7B), albeit they didn't refuse you this time under paragraph 320(7A). The difficulty you have how is that if you apply for another visa you will have to state your mother's name again, thus raising the issue of the discrepancy with your previous application and the fact that you tried to lie to get the visa. Unfortunately the fact that you have previously visited the uk does not carry as much weight now that you have provided false imformation (and possibly also false documentation if the attestation gave your step mother's name)

[Shower20]

@Greenie

Read carefully. 'The attestation stated that i was born into the family of Mr -- (father) and Mrs -- (mother)'. The attestation gave my step mother's name. She is my step mother but the attestation of birth didn't list her as such but said mother. The attestation of birth didn't list her as my biological mother or step mother. Please what do you think i should do???

[Mauser1905]

@Greenie

Read carefully. 'The attestation stated that i was born into the family of Mr -- (father) and Mrs -- (mother)'. The attestation gave my step mother's name. She is my step mother but the attestation of birth didn't list her as such but said mother. The attestation of birth didn't list her as my biological mother or step mother. Please what do you think i should do???

Your birth certificate should have biological parents, in your case.

If there is uk step parent adoption then new certificate should be issued with step mother and biological fathers names only.

In case your birth certificate attestation certifies that you step mother is biological mother, which is not the case as you say. So Attestation has been done incorrectly.

I see you will have to sort out the confusion by producing correct documents and a cover letter detailing whole issue to ECO.

[Greenie]

@Greenie

Read carefully. 'The attestation stated that i was born into the family of Mr -- (father) and Mrs -- (mother)'. The attestation gave my step mother's name. She is my step mother but the attestation of birth didn't list her as such but said mother. The attestation of birth didn't list her as my biological mother or step mother. Please what do you think i should do???

I read it very carefully, your original post was not clear. The attestation of birth claimed that you were born into the family of your step mother who was clearly false and therefore you have used deception by claiming in the application form that your step mother is your mother and by providing an attestation of birth which was presumably also fraudulent. A future application risks refusal under 320(7b) and you risk a ban of 10 years. The fact that the refusal said you could reapply doesn't mean anything, a person is not banned from applying but from being granted a visa if 320(7B) applies. I can't see how you can overcome this since a subsequent application requires you to state who your parents are who will raise the issue of the false statement/documentation from the refused application again. They will also question whether you are a genuine visitor since you have only recently applied for a student visa.

[Shower20]

@greenie

So what do you think i should do about this? I am still going to apply for student visa in september as i deferred the admission after the refusal last year. Please advice.

[Greenie]

Are you sure your tier 4 sponsor will give you another CAS? Have they seen the refusal letter?

[Mauser1905]

shower,

I have reread your posts again and I concur with Greenie's comments about falsification. In your post you clearly state that YOU changed the names and provided attestation. I am of the view that you are not upfront about all your case history here! Maybe I am wrong.

Does your stepmother share parental responsibility if you under 18? I guess you are above 16 as applying for Tier4. In hindsight if you used your fathers sponsorship in the UK it would have been straightforward.

Now after rejection you say you wish to apply for visitor visa. Something is not right here. For that also you will need sponsor and on FCO records you have caused suspicion.

Whether visitor visa or Student visa, unless you sort out sponsor and name issue, I don't see your application going anywhere, IMHO.

regards