Dear Sir,
my case is as follows.
I was first granted a uk student visa in the year 2006 (valid from 10/09/2006 to 31/01/2008) to study MA in international business from University of Northampton. However, I changed the University to West London college to study Masters in business administration.The U.K Border Agency was informed about this change of University.I was granted a student visa extension from 18/02/08 to 30/11/08 to pursue the course at west London college.I simultaneously joined Diploma in Information technology on 17th Sept 2007 at Cambridge college of learning.
On completion of the diploma on 23/05/08 I had applied for Tier 1 post study work category but U.K Border Agency refused my visa on grounds of false representation or the failure to disclose any material fact for the purpose of obtaining leave to remain with a right to appeal and returned my pp back on 30th jan 2009
Instead of appealing against this decision my lawyers suggested that I should apply for student visa extension as I was already in possession of the enrollment letter and attendance letter from West London college which i did on 10th feb 2009.
But after 9 months of visa application, i.e 11th Nov 2009 the U.K Border agency once again refused my visa extension application on same ground as before but this time with no option to appeal but to leave the country. I came back volantarily on 29th december 2009.IS151A was served to me in my passport at the airport.I was also give IS101,IS151A and IS151D inform of letters.my passport had also expired on 29th march 2009 which ukba allowed me to renew before travelling back to india on 11th december 2009.
I do not wish to waste 1 yr so I have applied for irish student visa on 21st june 2010 to study ABE advanced diploma in travel and tourism for 19th july 2010 intake.I wish to know if you can guide me in my case if i am able to apply for uk visa next year to Hammersmith and west london college for Mba in hospitality for 1st march 2010 intake and are there any chances of me getting a uk visa.
Regards
Asmita
This post was submitted by Asmita.
Hi Hitesh and everyone,
I am also victim of CCL and want to go back to london and my case is similar to hitesh where i had appealed and at last i withdrew and come back to india and stayed there for one and half year during appeal. so wat r chances of getting visa again after one year. I know one lawyer who is living in london and his father who lives in my city had given advert for (320) cases, so i went there and given him all the doc which he sent to his lawyer son in london. Now i m waiting for the reply as soon as i come to know what we can do i will post it here and if u guys come to know anything pls keep informing here. but i know one case where one girl was rejected for CCL and went on dependent visa back to London.
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hi
Jack the sparrow
do you know what type of dependent visa she got,is her husbent a work permit holder or a PR holder,i am also the same case from a different college,do you know which lawyer helped her applied for dependent visa,i am also in the same waiting to applay for dependent visa, my wifeis a work prmit holder, i came back 9 month before.so looking for the replay
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Hello Jack the sparrow
Just read your case , was wondering if u have heard from your lawyers . i have been a victim of CCL myself but i am now married and so have a new passport with new family name . i was wondering if i still wont be allowed to go travelling either ?
i hope u can help
Regards
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Hi, Jack and sparrow!
I am also the victim of CCL as like you and came back in Feb 2011 and got a ban of 1 year, and I also want to apply now for Master in Uk, Could you plz lemme knw will this past effect the future application? Wht happened to ur case have u granted visa or not. Plz a request to u reply me
Many Thanx
Kapil
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helloo
i m also suffering with the same case i got id card, prospectus and tv add for that but that stupid homeoffice is blind so nothing can be done because they dont want to listen
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Hello Syed, Salam
Can I have your email no please . My student visa was refused from CCL on the ground of false representation. I need some advice from you.
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hello ayed its harris.im also one of them who had suffer from this college.i’m in pakistan and trying to persue my appeal in uk.i was looking for some one like you who got college id card or some other stuff.can u plz help me out abt this matter to send me the scanned copy of college id card or any other thing which give me support in this matter.i’ll be thankful to u as u know its future problem.
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Hello,
I have been uk un had overstayed 3 days. i had 1 year ban and i applied for student visa after finishing of this ban. home office not giving any result even its been 5 months after i applied.
what it should be as per your opinion??
need help and guidance!!
-Ash
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Hi Hitesh
your chances of getting uk visa is very less because you over stayed in country for a long time … uff why u did that …. anyways the only good way is to make new apllication after 12 month of arrival date in india …. n in ur new application make sure you declare that you were in breach of condition of immigration rules …. n in additional information write all the facts which made you stayed there … soo long n proov them it was not your fault it was circumtrances thats the only reason you can get visa …b loyal n honest to UKBA .. else they will keep refusing n one day you will give up ……….
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Hi guys,
Need a quick advice, my Tier 1 general visa application has been refused reason deception under paragraph 322(2), 322(1a) and paragraph 245c(b) of the immigration Rules.
I have been given right to appeal, when I submitted my application I used my bachelors degree to claim points.
Earlier in August 2008 I was granted a PSW visa from CCOL, they say that Cambridge college of learning has never un a post graduate diploma in business management. a false representation has been made and false documents submitted in relation to your previous application, it is refused under paragraph 322(2) of the immigration rules.
guys need your advice, whether I should appeal or not, and if somebody knows more details about these sections, I would like to know when did section 322(2) came into effect.
Please urgent replies appreciated!!!!!
Thanks
Rishi
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Rishi,
If you have really studied in CCL, you have all the notes and reference material fight a case in UK with help of good lawyers.
If you have bought the documents as most students have (well all make mistakes in life ,u made a bad decision ,its ok..not the end of the world)it would be better for you to leave UK volantarily u will be served with IS151A which only records your status that you are leaving uk at your own expenses (keep that IS151A safe its your last hope to prove u came back volantarily)and get back to your home country and apply for a visa after 12 months have passed explain what happened and if you have overstayed the reason for ur overstay.its very simple
if u go on ur own now u have option to apply after 12 months.
and if UKBA physically deports you then u will have to wait for 10 years…
bad days dont last forever….all the best
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is falling star trying for ireland visa……..bad idea……if ukba has refused ur visa……there is 100 percent chance that ireland will refuse ur visa.no matter what type of visa it is….dont apply for irish visa at any cost and get another refusal stamp on ur pp…….try for some other country.
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apply for a new passport and try ireland visa
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hello,
Falling star…..
1) 320(7b)ii is for used Deception in an application for ENTRY CLEARANCE more than 10 years ago;
CCL cases are incountry application in other words LEAVE TO REMAIN where Deception was used.
2) If the ECO wishes to refuse anyone who is applying for EC from India who was a CCL refusal case can use the following wordings to refuse ONLY IF THE APPLICANT APPLIES DURING THE BAN PERIOD.
I AM ALSO FILLING THE BLANKS WITH DATES AND OTHER STUFF IN BOLD TO PROVE MY POINT
A)Use of deception in previous leave to enter or remain application
You were refused [leave to enter/LEAVE TO REMAIN] for using deception by [explain SAY ECO] on [insert date 30TH NOVEMBER 2008 ] (refusal notice attached). [I am therefore refusing you entry clearance under paragraph 320(7B) of the Immigration Rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the Immigration Rules until [depends on how applicant was removed LETS SAY THE APPLICANT LEFT VOLANTARILY SO TILL 30TH NOVEMBER 2009 FOR VOLANTARILY DEEPARTURE] after the previous refusal- i.e. the application in which deception was used].
B) Breach of UK immigration laws
You have [been in the UK illegally, breached your conditions of stay, OVERSTAYED /USED DECEPTION IN AN APPLICATION FOR LEAVE TO enter or REMAIN] and [LEFT VOLANATRILY AT OWN EXPENSE/public expense on LETS SAY 1ST JAN 2009][ was removed/deported from UK on......]. I am therefore refusing you entry clearance under paragraph 320(7B) of the Immigration Rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the Immigration Rules until [1, 5 or 10 years after the applicant left the UK]
320(7B) STATES THAT The applicant has previously breached UK immigration laws by:
- Overstaying
breaching a condition attached to their leave
being an illegal entrant
using deception in an application for a visa,leave to enter or leave to remain
unless the applicant:
• overstayed for 28 days or less and left the UK voluntarily, not at the expense of the Secretary of State (whether directly or indirectly)
• used deception in an application for entry clearance more than 10 years ago
• left the UK voluntarily, not at the expense of the Secretary of State (whether directly or indirectly) more than 12 months ago
• left the UK voluntarily at the expense of the Secretary of State (directly or indirectly), more than five years ago
• was removed from the UK more than 10 years ago
• was unaware that the documents submitted or representations made were false
• was previously issued a visa in the knowledge of the immigration breach
• was in the UK illegally on or after 17 March 2008 and left the UK before 1 October 2008
• was refused leave to remain as a student solely on the basis that they made an out of time application
• has been accepted by the UK Border Agency as a victim of trafficking
The above rules are mentioned in ECO rules book and there is no wordings i can see in the same rule book dated 4th august 2010 latestwhich says 10 YRS BAN FOR USING DECEPTION IN LEAVE TO REMAIN APPLICATION.
if you find the above statement let me know.as well.plz
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Hi Hitesh and Ishita,
It is really hard for me to get any good news for you I personally think that 320 7b(ii) will attract in our cases and it will be very easy for case worker to refuse any application thereof. and one more thing he can refused the application that we have frustrated the immigration law while applying leave to remain in UK.Hence, case worker have good reasons to refuse any new application keeping in view our immigration history.
many regards.
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hello ishita
if you are in india then plz contact me so we can talk abt this further .
regards
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hey guys
no i havnt found any lawyers yet ..as m not even looking for them at the moment .
I think m gona wait for one year and then i will apply for Hsmp as m workin in india now .
however i did spoke to some visa consultants and they told me that chances are very less for me to get the visa but i can try .
Fallin star i want to know abt your Ireland visa , what happend ..also can you msg me your mobile no ? if you are in india ,so we can look for a lawyer together in Mumbai cheers!
my indian no is 0091 9665001112
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hello,
Hitesh,have you found some good lawyer for ur case?
Falling star. did u get any luck finding any information?
Dancing star, ur case is very confusing u mean to say ur hsmp application was refused but u still managed to get student visa? if thats the case then u wont have issues in getting psw..the immigration rules say that if a visa was issued to u knowlingly that u had breached law then u will never get any uk visa refused…after the issue of any visa
kamz….if you have kept your letter from the college which states that ur given admission for the following course for certain duration and the letter shows ur student number…plus if if still have ur college id card….u can submit all the above and apply for visa…..all the above proof is enough to let the eco know u went to that college and they cannot refuse u a visa…if they call u for an interview u can take ur college notes and show them…..
any updates from any one’s side.please keep us updated
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Hey Hitesh and falling star. I got refused PSW from cambridge college and left the country with in 28 days. Its now been 1 year and 7 months that I am in Pakistan. I am also confused and don’t know what to do. Though I did study in cambridge college but probably no1 is going to believe me. I went to 1 top barrister in Pak and he said whatever visa you apply for england directly from pakistan you will get refused specialy student visa. Leme know Hitesh if you or any other get any positive response.
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this is not true, u will get ur visa only if u are producing genuine docs and no bans on u.
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hi,
I have been in touch with 3 lawyers here in india and first one said 10 yrs ban ,second one said 50-50 chances and third one who is not a immigration lawyer but a uk visa consultant said you can get visa because the above cases are all or some of them are overstayers and deception.According to me as per refusal wordings given in the latest updated rules as on 4th August 2010 the above cases come under breach of immigration law which still states 1 yr ban for volantary departure,5 yrs and 10 yrs.
there is still no mention of 10 yrs ban for using deception in uk.written anywhere.
I am postion the link below for all of you to see and let me know if i am correct.please see page 22 of 60
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/general-grounds-refusing/wording?view=Binary
I dont think case workers will refuse you a visa on silly reasons because they have to prove ur wrong and if they say ur documents are false (and you know they are correct documents) then get a certificate from the court or concerning authorities saying that all your documents are original and attach the same with the application in order to avoid delays or the case worker sending you a letter later saying that he wants you to prove that your documents are original)this will make your application strong.Plus is there any lawyer who is ready to draft a letter explaining your case let me know plz as well?. case worker cant refuse u saying you broke rules in uk so im refusing you.there is no rule as such made for refusal.
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hi
i have same issues. my agent kept false income statements for hsmp and got rejected under section 320 7b. as i have a student visa for 1 year from the date of refusal, i joined MA and finished the course in the UK. I has been 14 months since i was refused. what the chances of getting psw
pls suggest me
tx in advance
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If you dont have a ban on you, and if u get points for ur application , u can apply for psw.
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hi hitesh,
i think you are right they can refused on any stupid reasons, hope you will get your things right keep me updated.
i have searched allot and still confused if you got any positive reply from lawyers please do share them.
regards
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hi guys …
thanks ishita for ur reply ..
I guess your are right fallin star …we can apply after 12 months ..but do you think that the case worker is gona give you visa so easily? case worker thinks that we are possible immigrants and our applications can be refused on any stupid reasons isnit?
I am in touch with few lawyers in india and london ..lets see what they will advise me ..
will kepp you posted
regards
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hi this is ismail i have a same case here i got refusal for HSMP(207-2008) and then post study work from cambridge college (2009) . will i have a ban on my passport and i left the country voluntarly on last day of my visa expiry . and its been totally 14 months since i left the country , please assistance needed if can apply for student visa again in UK , if not how do i know whether i banned or not. thanking you and hoping hear from near and dear
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hi hitesh and falling star,
I advice you to see immigration lawyer if you plan to apply for uk visa again its better to consult a few layers and seek opnions.
I have been reading a few cases online.this is what i have understood from it
1) most uk visa extensionrefusals letters state that there is 1 yr ban if left voluntarily from uk.UKba has failed to notify people if they will face a 10 yr ban for using deception in leave to remain after they have served their ban of 1 yr and applied for entry clearnace.
2) but you must read the ukba home office site now.
there can be 10 yr ban on using deception in a previous application.how ever UKBA has failed to notify if the 10 year ban is for people who have used deception in leave to remain application in uk and went voluntarity.since 320(7b) 10 yrs ban is for deception in entry clearance and removed or deported.
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hi hitesh
we both are sailing on the same boat, rule of 320(7b) is very clear that (after refusal)if some one come back to his country voluntarily he can apply after passing of 12 months. But when you search on the internet, it would be troubbling to get cristal view about your fresh application it is quite complex.
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hi ther
my name is hitesh and my visa was refused in oct 2008 for submitting fake documents which wasnt my fault at all as my agent in london who put those documents of CCL with my original college docs LONDON School of Business and Fiance where i was pursuing my CIM marketing and told me that i will get PSW for two years .
On refusal i received a chance of appeal which i did through a solicitor and it took around 8 months for UKBA to let me know wats gona happen next so i waited for another 6 months .Alltogether i was in uk for almost 16 months without visa while my appeal was in process so i was legaly allowed to stay ther .
On my refusal i had the option to leave the country voluntary and have a year ban .
I was waiting for my appeal decision till may2010 but because of personal reasons i came back to my country .i never heard anything from immigration court till the date and i left the country .
I am sure that i will have a year ban for applying any visa to uk .
Are there any chances of me getting a 10 year ban ?
Are there any chances that i can apply for student visa again ?
thanks
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no, mostly you will not be granted a visa, by looking at your previous immigration status. But you may give a try, because previously there is no record about students about there immigration process with ukba like they are doing now.
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Sonia is anti non eu it seems.well there can be a geniun people who might have goofed up their chance of appeal.As it is ukba rejected all the appeals of all the students of CCL who applied for an appeal.I havent heard of any student who won the appeal.if there is any i would like to know the case.It was really misfortunate of those people who went to that college.But even a criminal should be allowed to change if he wasnt to lead a good life.
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As per Section 320 (7b) – you can’t reapply for 1 year from Date of Previous Rejection if you Left the Country in Permitted Time.
Subhash
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Hi,
Please help me. I applied for UK in December, 2009 but unfortunately my application has refused
Refusal under paragraph 320 (7B) of the Immigration Rules attracts an automatic refusal period of up to 10 years.
Kindly tell me, how could I go UK? At any visa
Thanks
M Ashraf
00923004041929
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hello bro me shakeel from U.K my visa is too refused same ur objection what u do and now a days where u r, kindly guide me what i have to do now after this objection and tell me what u do after it. thanks
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Better go for other country than uk.
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hi ashraf even facing the same problem now they issued a 10 year ban now for me could you pls tell me did find and alternate idea to apply for visa i tried to call u on this num but its didnt work pls let me know what u r doing now
thanks
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Sonia for Minister of Home Affairs!
Halleluja!
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Looking at your history.. really C’mon..do you want to come to UK for a study? your message clearly shows that you kept changing your college/university to obtain extension of your student visa, final straw was that you applied for PSW with a college,” Ask yourself a question did i really obtain this degree by doing hard work or was is just printed for me!!! “Cambridge college closed,it is notoriously a known college to print bogus degrees ….I cant see how you can obtain a visa again… your immigration history is not very good, You also fail to mention, why have you decide to study in Ireland? I think you will only be wasting your money etc etc , we have a CAS system in UK therefore should your visa get refused you might not get your fees back.
Hot debate. What do you think?
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