UK Visa Refusal And Subsequent Reasons For The Same

[paulyturner]

This is the statement given by the UK Border agency for the grounds for refusa..help me please?

'When arrested you gave the authorities the false name of..........The post arrest interview provided you with the opportunity to declare your previous transgressions yet you chose to compound the situation by attempting to frustrate the immigration authority's investigation by giving a false identity. I am aware from our records that you have also used the alias of ********* in your dealings with the UK authorities. I note that you were offered the services of a solicitor at this time but you declined and opted to voluntarily depart the UK, which you did on the **/**/2008. In light of the foregoing I a msatisfied your conduct was that of someone contriving in a significant way to undermine the intentions of the immigration rules.

Furthermore, you have stated on your application form that your current passport is not your first. The only previous passports that you have admitted to owing are passport number *****, in the name of ***************, ******* in the name of ******** and your current one in the name of ******* turner. However further investigations by this embassy have revelaled that you have in fact held 8 previous passports, six of which you have not declared and one of which was in another name. It would therefore appear that you have made a fase representation when trying to obtain entry clearance to the UK. This further undermines the credibility of this application.

I am satisfied on the basis of the evidence before me, that you (and any dependents) will be accomadated satisfactorily in the home of your sponsors parents. However, while I am satisfied that your sponsor is employed as claimed, the bank statements you have provided show that he is significantyl overdrawn by approx £2000 each month, I am aware that he pays £500 per month to his first wife for child maintenance. I cannot see from the statements you have provided that your sponsor has been granted an overdraft facility by th ebank and as he is overdrawn by such a significant sum, I am not satisfied that you will be maintained without recourse or further recourse, to public funds.

In conclusion, I am satisfied that the requirements of paragraph 320 (!!) have been met, namely that an applicant should normally be refused for 'contriving in a significant way to undermine the intentions of the immigration rules' by overstaying the validity of your visa and breaching a condition attached to your leave. You further contrived to frustratethe immigration rules by giving UK authorities a false name at the time of your arrest. Paragraph 320 sub paragraph 7(A)

I am also satisfied that 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 applicants knowledge), or material facts have not been disclosed, in relation to the application. Paragraph 320, sub paragraph 7(A).

I am not satisfied that you will be able to maintain yourself and any dependents adequately whithout recourse to public funds, or will be adequately maintained by family or friends, Paragraph 281, sub paragraph (v).

I therefore refuse your visa.'

Now I do of course know the likely severity of the refusal, my wife, and she isn't as daft as this makes her look, she is a wonderful kind caring person, who has made mistakes when much younger, she thought that the pasports were only needed from the point of her leaving the UK, I didnt even know of any older ones, she never thought to tell me and she is distraught that it now looks like she misled the authorities. She is going to write her full story and explain all of her actions from her time in Singapore up until she left the UK, this of course will also have an official translation.

My Barrister (its amazing isnt it? i can afford a barrister yet they think i need to be on benefits??) reckons the case for the right to reside with family is still strong and so we should move on with the appeal. Any comments gleaned from those more experience in these matters would be welcome, am at my lowest ebb in a long time, but the only way is up from here.

thanks for the support.

Paul

[paully]

It looks like she's passed most of the support not on public funds requirements, except for this which could certainly be successfully and easily addressed on appeal:

"the bank statements you have provided show that he is significantyl overdrawn by approx £2000 each month, I am aware that he pays £500 per month to his first wife for child maintenance. I cannot see from the statements you have provided that your sponsor has been granted an overdraft facility by th ebank and as he is overdrawn by such a significant sum, I am not satisfied that you will be maintained without recourse or further recourse, to public funds."

If it was just a matter of the above, she would have every chance of a successful appeal. However, it doesn't stop there. This, to me, is the part of real concern:

"investigations by this embassy have revelaled that you have in fact held 8 previous passports, six of which you have not declared and one of which was in another name. It would therefore appear that you have made a false representation when trying to obtain entry clearance to the UK. This further undermines the credibility of this application."

This is a much more tricky point to explain away. How is she going to explain the number of undeclared previous passports, and one even being in another name?

Edited December 1, 2009 by paully

[paulyturner]

Your right Paully

She was a silly young girl in love at the time in Singapore and she overstayed a visa there, she foolishly decided to go back to Singapore to be with her boyfriend at the time, this is over maybe 7-8 years ago now and really stupidly went about it in the wrong way, she also didnt realise that these other passports needed to be declared and she assumed wrongly that this application only related to her time in the UK! I could throttle her for not telling me about this, but its too late now, it doesnt chnge the woman i love and will continue to support, I hate the fact she has given herself such a poor image and only hope that when she completes a sworn statement explaining her actions at the time this will help.

[mjperry]

As she was refused under paragraph 320(7A) did they gave her the form showing she is not entitled a full right of appeal (IS82A)? If they did give you this form you can only appeal under the Human Rights Act anyway and there is no way you can explain it away as she has made a proven false representation whether she knew it or not.

I do hope and think I am right in saying the usual punishment of ten year automatic refusals for proven false information/deception is not applicable for settlement visas, else they would of said that in the refusal, can anyone confirm that?

Martin

Edited December 1, 2009 by mjperry

[Eff1n2ret]

As she was refused under paragraph 320(7A) did they gave her the form showing she is not entitled a full right of appeal (IS82A)? If they did give you this form you can only appeal under the Human Rights Act anyway and there is no way you can explain it away as she has made a proven false representation whether she knew it or not.

I do hope and think I am right in saying the usual punishment of ten year automatic refusals for proven false information/deception is not applicable for settlement visas, else they would of said that in the refusal, can anyone confirm that?

Martin

She will have a full right of appeal against refusal of a settlement application. As she hasn't been refused under Para 320 7B, the question of a "10-year ban" doesn't arise, whether for a settlement application or not.

Given what looks like an appalling immigration history, it's difficult to see how they could have avoided refusing this one. A persuasive barrister and a compliant judge may be the only remedy. The real killer is her failure to fess up to her true i/d when she was nicked. Presumably she was also removed in the false i/d? That's what gives them the reason to say she "contrived in a significant way to frustrate the immigration rules".

[ThaiVisaExpress]

You need to employ a solicitor to help you with this case Davis Khan/Orchid of Siam have the necessary contacts and experience to help you.

[paulyturner]

Thank you forum, your comments have confirmed what I need to do. I have started the process already for the appeal and its going in on monday, I have a barrister in the UK lined up already and have been advised by her the statements I need from myself, Aom and my ex-wife confirming the relationship i have with my daughter.

I do wish she had given her true name when caught in the UK she did it to protect me, as she thought i'd get in trouble, yes she was

Ni-eve in the extreme and was essentially a very scared young woman, I also saw how appallingly she was treated in custody, tho this is immaterial i suppose.

At the end of the day its one of those instances where she's made big mistakes in the past, Hopefully they will give her the chance to simply settle down and have a quiet family life with the people she loves the most in the world, ie myself and our son. Its not too much to ask is it?

[theoldgit]

I trust your barrister is an expert on Immigration Law, I thought barristers needed to be instructed by a solicitor.

Where was your girlfriend in custody, in a Detention Centre in The UK?

[paully]

I trust your barrister is an expert on Immigration Law, I thought barristers needed to be instructed by a solicitor.

No, there's direct access to barristers now. But you're right, hope the barrister's an expert - this isn't a straightforward case.

[gregchambers]

If it does not work, would the OP still have the right to take his family to live in say Spain under EEC human rights rules or would her past immigration problems allow them to bar her as well?

[Guemlum]

I trust your barrister is an expert on Immigration Law, I thought barristers needed to be instructed by a solicitor.

Davies Khan is tried and tested by myself on a few occasion's. I thought there was no hope but he achieved positive results for me in a very professional, discreet and dignified manor. I do hope your barrister "IS AN EXPERT ON IMMIGRATION LAW"...if he's not then call Davies Khan. I hope you and your wife achieve the results you are looking for.

Guemlum

PS. You think your situation is dyer, then PM me and I'll give you a scenario I was in 12 months ago, and will tell you how Davies Khan shone through for me!!

[hhgz]

"she is a wonderful kind caring person, who has made mistakes when much younger..."

According to your posting, she was arrested in 2008, so she's not that much older now.

"I could throttle her for not telling me..."

Do you real consider physical assault the answer for her lying?

[Eff1n2ret]

If it does not work, would the OP still have the right to take his family to live in say Spain under EEC human rights rules or would her past immigration problems allow them to bar her as well?

If she was to apply to another European state as a Family Member, because her UK husband had taken up residence there, (and he would need to show that was the case) they might seek to infer from her record of transgressions in Singapore and the UK that this was a "marriage of convenience". But the onus would be on the refusing authority to prove that she really had got married only as a means of entering the country. It is indelicate to enquire here about the circumstances in which she came to the notice of the authorities in S'pore and UK, but if UKBA or any other country's immigration authorities have some evidence which they feel indicates negative intentions on the part of the applicant, they are bound to fight an appeal.

[Somrak]

Sorry for the husband.

But i think they will let his wife waite for any years and look later if she still likes to go to the UK.

[paulyturner]

Im using a company called Morgan Dias Immigration Consultants in Sheffield. The consultant there has referred the case to the barrister that they use and so I would expect them to be experts, your quite correct and I will check on this matter.

I'll also check Davies Khan to see what they say.

she was simply kept in a custody cell for 2 days before flying home, no she wasnt held in a detention centre, I beleive this was because she volunteered to depart rather than fight.

"she is a wonderful kind caring person, who has made mistakes when much younger..."

According to your posting, she was arrested in 2008, so she's not that much older now.

"I could throttle her for not telling me..."

Do you real consider physical assault the answer for her lying?

HHGZ thanks for this, I was referring of course to her days in singapore, similarly i don't know if your from the north of england, but where i come from its a figure of speech, needless to say i do not condone or advocate violence in any form.

[7by7]

My Barrister (its amazing isnt it? i can afford a barrister yet they think i need to be on benefits??)

To be fair, that's only because the evidence you supplied showed that you were broke. Had you got a letter from the bank to show that the overdraft was authorised and being serviced, then this would not have been a factor.

Her past immigration history is the real problem, and it is difficult to see how she is going to overcome this. She may have left the UK voluntarily, but only after being arrested and giving a false name.

Best of luck, I think that you are going to need it.

[crocodilexp]

Good luck with your application.

Your case makes for an interesting read, thank you for providing the details.

So she was arrested and deported ("voluntarily", obviously) a year ago, gave a false identity (lying to immigration officials), and is seeking re-entry to UK. Was the arrest for an overstay or another matter? Let's hope the next immigration official you deal with has a *very* soft heart or (more realistically) is a good friend of your lawyer.

If this were the USA she'd stand no chance.

[MAJIC]

Sorry to say Paul,but all UK Visa applications clearly stae that false entries may result in a Ten year ban on reapplying.

Good luck anyway.

Majic