need help please!

[evabeva]

Hello

I need some opinions from you. I applied for a student visa under tier 4 PBS on Monday 14.09.2009 and was told to pick up my documents the next day. I went the next day, but they called me to cancel and said they needed further verification of my documents, so they would let me know. So I waited for 2 days and didnt hear anything form them. So I called the embassy and a girl replied, she said they didnt deal with applications on phone. So I emailed them, saying that I needed to know what's happening with my visa as on 21st of this month, which is this Monday coming , my master course starts. They answered me back by email saying that my documents were pending for checks and they will call me when they reach a decision. I didnt hear from them today at all, and on Monday 21st my course starts. I am a bit worried as I have to be at school on Monday and I am still in my country waiting for the visa which could be refused by the look of it.

I have been in UK as a student before. I graduated from a university there. After I graduated I looked up for jobs, didn't get any as it was hard to get a sponsor , so I contacted a legal service recommended by my friend. The legal service told me the only way I could extend my course was to apply for a master , so she applied on my behalf for the course. Later, I received a letter from home office saying that they received false documents regarding the master course and they told I had the right to appeal. I decided not to appeal the decision, as I didnt know this "legal services" submitted false information. And then later they said you have the right to state any reasons that you think you have the right to stay in uk. So I wrote a letter to home office to ask them if I could stay on permanent basis in the UK. Then the last letter I received from them saying my visa as a student did expire (at that time) and I should leave the country. So I did leave the UK within 2 weeks as I had to arrange the ticket and came to my country. After one year I deiced to apply for a Master in UK but this time from my country.

So my question is , do you think my application is delaying because they are checking what I have been doing in the UK, one year before?

And will they probably reject my visa because I have applied for a master in the UK a year ago but this legal services submitted false documents on my behalf ?

The thing is that I did not received any letter from home office saying that I was banned to come to UK, but just a letter to leave the country voluntary which I did.

Please any valuable answers I would greatly appreciate.

[PaperPusher]

Which university did you graduate from?

[immigrationuk2009]

Hello

I need some opinions from you.

I applied for a student visa under tier 4 PBS on Monday 14.09.2009 and was told to pick up my documents the next day.

I went the next day, but they called me to cancel and said they needed further verification of my documents, so they would let me know.

So I waited for 2 days and didnt hear anything form them. So I called the embassy and a girl replied, she said they didnt deal with applications on phone.

So I emailed them, saying that I needed to know what's happening with my visa as on 21st of this month, which is this Monday coming , my master course starts. They answered me back by email saying that my documents were pending for checks and they will call me when they reach a decision.

I didnt hear from them today at all, and on Monday 21st my course starts.

I am a bit worried as I have to be at school on Monday and I am still in my country waiting for the visa which could be refused by the look of it.

I have been in UK as a student before. I graduated from a university there. After I graduated I looked up for jobs, didn't get any as it was hard to get a sponsor , so I contacted a legal service recommended by my friend.

The legal service told me the only way I could extend my course was to apply for a master , so she applied on my behalf for the course.

Later, I received a letter from home office saying that they received false documents regarding the master course and they told I had the right to appeal.

I decided not to appeal the decision, as I didnt know this "legal services" submitted false information. And then later they said you have the right to state any reasons that you think you have the right to stay in uk. So I wrote a letter to home office to ask them if I could stay on permanent basis in the UK. Then the last letter I received from them saying my visa as a student did expire (at that time) and I should leave the country. So I did leave the UK within 2 weeks as I had to arrange the ticket and came to my country. After one year I deiced to apply for a Master in UK but this time from my country.

So my question is , do you think my application is delaying because they are checking what I have been doing in the UK, one year before?

And will they probably reject my visa because I have applied for a master in the UK a year ago but this legal services submitted false documents on my behalf ?

The thing is that I did not received any letter from home office saying that I was banned to come to UK, but just a letter to leave the country voluntary which I did.

Please any valuable answers I would greatly appreciate.

Hi

There is visa delay or may be they needed further check before decision.

Point is you were accused of deception.

Would you please write exact refusal reason with immigration rule no. like 320(11) ect.

Would knowing refusal reasons this would be really difficult to answer.

If you have a immigration history then of course this would affect their decision.

Have you mention your refusal in Tier4 application form?

UK_Banned_Member

[evabeva]

Hi

There is visa delay or may be they needed further check before decision.

Point is you were accused of deception.

Would you please write exact refusal reason with immigration rule no. like 320(11) ect.

Would knowing refusal reasons this would be really difficult to answer.

If you have a immigration history then of course this would affect their decision.

Have you mention your refusal in Tier4 application form?

UK_Banned_Member[/quote]

Hello thanks for your help

yeah was under paragraph 322 (1A) of HC 395 (as amended)

Decision was: This "legal service" (I am not mentioning their name) applied on your behalf for leave to remain in the UK as a student, but your application has been refused

The Secretary of State is satisfied false representation have been made or false documents have been submitted in support of your application


So basically this was what I received from them and in the letter they also stated that I had the right to appeal. I decided not to, as I didn't know they submitted false documents.
So I wrote a letter to home office saying that i did not wish to appeal , which they replied me back saying that I had to leave the country as my visa expired, which I did. They didn't say in any way that I was banned in future to come to the UK.

On the tier 4 , the one provided by the embassy here in my country, as far as I remember I was asked if I was banned to go to Uk or if I received a deportation order letter and I said no, the only reaon being that actually the last letter I received from home office was only a simple letter asking me to leave, nothing like deportation under any UK legislation rule or any ban to come to the UK .

So by following my history in the UK , I would say that I have the right to do my master course there, home office did not tell me not to apply as a student again or would you think that on their system they banned me, without letting me know which would be wrong of them

Thanks
hope I clarified it to you.

[immigrationuk2009]

yeah was under paragraph 322 (1A) of HC 395 (as amended)

Decision was: This "legal service" (I am not mentioning their name) applied on your behalf for leave to remain in the UK as a student, but your application has been refused

The Secretary of State is satisfied false representation have been made or false documents have been submitted in support of your application


So basically this was what I received from them and in the letter they also stated that I had the right to appeal. I decided not to, as I didn't know they submitted false documents.

So you were refused leave to remain on false presentaion.I ma qutoing from here this rule

Refusal of variation of leave to enter or remain or curtailment of leave

322. In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules, the following provisions apply in relation to the refusal of an application for variation of leave to enter or remain or, where appropriate, the curtailment of leave:
Grounds on which leave to remain in the United Kingdom is to be refused

(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.




So important question is weather you are banned for 10 years or not.

So this rules applies on you.

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

So I wrote a letter to home office saying that i did not wish to appeal , which they replied me back saying that I had to leave the country as my visa expired, which I did. They didn't say in any way that I was banned in future to come to the UK.

Home office dont bother about letters.They have accused you of deception with clear rule 322(A).

On the tier 4 , the one provided by the embassy here in my country, as far as I remember I was asked if I was banned to go to Uk or if I received a deportation order letter and I said no, the only reaon being that actually the last letter I received from home office was only a simple letter asking me to leave, nothing like deportation under any UK legislation rule or any ban to come to the UK .

You have taken a huge risk by lying and I am concerned if home office come to know that you were refused under 322(A) and you are hiding you would be ban for 10 years.This comes under deception.

So by following my history in the UK , I would say that I have the right to do my master course there, home office did not tell me not to apply as a student again or would you think that on their system they banned me, without letting me know which would be wrong of them

They normally gives refusal letters with clear reasons for refusal they dont tell everybody whether to apply or not in future.

Let assume even you get your student visa you have problems for entry in UK at airport as they have every detail in their system and by just entering your name and date of birth they would know everything.

So you case is very difficult unless you finished you entry ban.

I am afraid I have to advise according to facts.


UK_Banned_Member




hope I clarified it to you.[/quote]

[evabeva]

So you were refused leave to remain on false presentaion.I ma qutoing from here this rule

Refusal of variation of leave to enter or remain or curtailment of leave

322. In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules, the following provisions apply in relation to the refusal of an application for variation of leave to enter or remain or, where appropriate, the curtailment of leave:
Grounds on which leave to remain in the United Kingdom is to be refused

(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.



Yeah at that time, a year ago I was refused under this rule but involved by a third party, which I didn't know they would submit.

So important question is weather you are banned for 10 years or not.

So this rules applies on you.

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.


Look they did not tell me I was banned for future application. As I was there as a student , I was not an illegal immigrant, don't you think I had the right to know ?!

So I wrote a letter to home office saying that i did not wish to appeal , which they replied me back saying that I had to leave the country as my visa expired, which I did. They didn't say in any way that I was banned in future to come to the UK.

Home office dont bother about letters.They have accused you of deception with clear rule 322(A).

I know they don't bother. I did never stay there as an illegal and I just want to finish off my master in there. To be honest home office has a crap system and you know why: because home office provides council houses to most foreign families who claim benefits and on the other hand these families work at the same time. And to students that study hard and pay their fees, home office are horrible to them. Is paradoxical, isn't it? lol

On the tier 4 , the one provided by the embassy here in my country, as far as I remember I was asked if I was banned to go to Uk or if I received a deportation order letter and I said no, the only reaon being that actually the last letter I received from home office was only a simple letter asking me to leave, nothing like deportation under any UK legislation rule or any ban to come to the UK .

You have taken a huge risk by lying and I am concerned if home office come to know that you were refused under 322(A) and you are hiding you would be ban for 10 years.This comes under deception.


On the application the only reason I did not mention it, was because on the form did not mention refusal under rule 322 (IA). The only thing mentoned was deportation or a ban under a UK rule
(which I do not remember the rule ), and this kind of rule for ban or deportation home office did not give me a year ago.

So by following my history in the UK , I would say that I have the right to do my master course there, home office did not tell me not to apply as a student again or would you think that on their system they banned me, without letting me know which would be wrong of them

They normally gives refusal letters with clear reasons for refusal they dont tell everybody whether to apply or not in future.

Let assume even you get your student visa you have problems for entry in UK at airport as they have every detail in their system and by just entering your name and date of birth they would know everything.

So you case is very difficult unless you finished you entry ban.

Ok , I know what you mean but the application is assessed by British representatives. The thing is, if I have a ban for 10 years they wouldn't issue me a visa. It make sense that my application would be refused straight away not be hold for a week now. At the end of the day, I need to know as I have to let the university know too.
If they told me before I left the country a year ago, that I was banned for 10 years do you think I am that mental or desperate to apply for a master in there?! lool

I am afraid I have to advise according to facts.


UK_Banned_Member

No worries, I appreciate for taking your time to help me with your info.
kind regards


hope I clarified it to you.

[/quote]

[evabeva]

UK_Banned_Member
I have noticed that you always discourage people posting here, giving always negative answers
I would like to know are you an official lawyer?

I was reading about my case and it's not true that I get a ban of 10 years , because first all all I was not aware that false documentation was submitted on my behalf and secondly I left the UK voluntary within 28 days of receiving the letter.
In my case I get a ban only 1 year, which has gone

Here is the link , read the rule under paragaph 322 (1A)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary



Next time please , don't discourage people with your strict negative answers although you do take time to answer to them.

[Wanderer]

UK_Banned_Member
I have noticed that you always discourage people posting here, giving always negative answers
I would like to know are you an official lawyer?

I was reading about my case and it's not true that I get a ban of 10 years , because first all all I was not aware that false documentation was submitted on my behalf and secondly I left the UK voluntary within 28 days of receiving the letter.
In my case I get a ban only 1 year, which has gone

Here is the link , read the rule under paragaph 322 (1A)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary



Next time please , don't discourage people with your strict negative answers although you do take time to answer to them.

I think you are responsible for your own app. as you sign it, you must check it, thereby you are responsible for it irrespective of agent, lawyer or solicitor.

[evabeva]

I think you are responsible for your own app. as you sign it, you must check it, thereby you are responsible for it irrespective of agent, lawyer or solicitor.

Yeah Ok thanks

Will have to wait and see. Whatever the answer is, yes or not. I would like to know.

One thing I do not seem to get, the UK embassy here in my country, since they are dealing with my application, for sure they check my previous record there in UK with Home Office so If I was banned back there in UK, why are they delaying my application ? It would be a straight answer wouldn't it? I already told them my course starts this Monday.

[immigrationuk2009]

Hi

I have noticed that you always discourage people posting here, giving always negative answers

How the hell you get this stupid idea.I am the only person who always respond to questions quickly.Look at my post.(':x')

I would like to know are you an official lawyer?

Not really

I was reading about my case and it's not true that I get a ban of 10 years , because first all all I was not aware that false documentation was submitted on my behalf and secondly I left the UK voluntary within 28 days of receiving the letter.
In my case I get a ban only 1 year, which has gone

Here is the link , read the rule under paragaph 322 (1A)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Yes indeed you are right here.I posted home office links so may be I missed one point as on deception as there is 10 years ban as well on deception.Anyway I accept my mistake here.

Next time please , don't discourage people with your strict negative answers although you do take time to answer to them.

Next time dont speak nonsense please.

If you dont like my advise fine.It is upto to you I tried to honestly give my views.I can not speak sugar coated words to make you happy.

Please always give honest and fact based comment not just like ignorant views.

Even barristers and solicitors do mistakes so what the point.

You case is not yet decided and I am sure this would be difficult to get granted.Wait and see


UK_Banned_Member

[evabeva]

Hi

How the hell you get this stupid idea.I am the only person who always respond to questions quickly.Look at my post.(':x')


hahah ok ok got it lol

I would like to know are you an official lawyer?

Not really

yeah I know it but I was just being a bit ironic



Yes indeed you are right here.I posted home office links so may be I missed one point as on deception as there is 10 years ban as well on deception.Anyway I accept my mistake here.

you see you can get it wrong too , the thing is 10 years is a bit too much , damn I wasn't a criminal lool



Next time dont speak nonsense please.

If you dont like my advise fine.It is upto to you I tried to honestly give my views.I can not speak sugar coated words to make you happy.

Ok dont get mad lol, anyway I always said thanks to you after you gave advice.

Please always give honest and fact based comment not just like ignorant views.


Didn't get this part!

Even barristers and solicitors do mistakes so what the point.

yep they do

You case is not yet decided and I am sure this would be difficult to get granted.Wait and see

Yeah has been one week and my induction week has already commenced , if I don't get an answer by this Thursday I am going to ask them to give my passport back. It just really nerve wrecking waiting for a yes or a no answer.
Why do they need more than one week to give me a 'no' answer?!

Again , thank you for answering (see I am polite )

[immigrationuk2009]

Hi

Best Luck for your application.

UK_Banned_Member