Nbogu: @justwise, last time I mentioned that my tier 4 visa was refused under paragraph 320 (7a) because I did not mention that I was pregnant on the application form when making the application

I requested for administrative review saying that It was not asked if I was pregnant on the application form so, I did not see any reason why I should be answering questions I was not asked and that if pregnancy is a material fact to tier 4, provision should have been made for pregnancy situations on the application form.

The review result came back and this is what the reviewer said:


ECM Comment:
I have reviewed the points raised in your Administrative Review request and am
willing to accept that you may not have known that you were pregnant at the start of
the application process at the beginning of the year. However you would have known
by the time you came to apply for your visa and I consider the fact that you are
pregnant to be material to your application.

The declaration you signed in section 8 of your application form requires you to
inform us of any material changes or new information relevant to your application and
although there may not be a specific question on the VAF relating to pregnancy I do
consider that you deliberately withheld this information.

In view of this I am maintaining your refusal under paragraph 320(7a) of the
Immigration Rules.

Not satisfied the that the applicant is a genuine student
ECO Comment:
The length of your course is a year during which time you intend to have a baby. It
is not clear whether the University are aware of this or what arrangements you have
made to enable you to complete your course. As a result I am not satisfied that you
are a genuine student and refuse your application under paragraph 245 ZV (k).

Please let me know what u understand about this review outcome. Does it mean that I am refused under both paragraph 320 (7a) and 245 zv (k) or that the refusal is now under paragraph 245 ZV (k) only. the reason I am asking is because I am planning to apply for a work permit but I am afraid what the outcome will be because of past refusals.

Your advice counts as usual.

Thanks

Nbogu: I was refused under paragraph 320 (7a) in my first application. I was given limited right of appeal but a full right to request for administrative review. I did apply for the review which resulted in the following comment:

ECM Comment:
I have reviewed the points raised in your Administrative Review request and am
willing to accept that you may not have known that you were pregnant at the start of
the application process at the beginning of the year. However you would have known
by the time you came to apply for your visa and I consider the fact that you are
pregnant to be material to your application.

The declaration you signed in section 8 of your application form requires you to
inform us of any material changes or new information relevant to your application and
although there may not be a specific question on the VAF relating to pregnancy I do
consider that you deliberately withheld this information.

In view of this I am maintaining your refusal under paragraph 320(7a) of the
Immigration Rules.

Not satisfied the that the applicant is a genuine student
ECO Comment:
The length of your course is a year during which time you intend to have a baby. It
is not clear whether the University are aware of this or what arrangements you have
made to enable you to complete your course. As a result I am not satisfied that you
are a genuine student and refuse your application under paragraph 245 ZV (k)

Nbogu: Does this mean a future application will attract 10 years ban? Can't I still explain in my future application that I did not intentionally conceal my pregnancy?

An opportunity for work permit just came my way, although I am still waiting for the employer to provide me with certificate of sponsorship with which I will make the application.

But this past refusal issue is hunting me. Is there nothing I can do to defend my self in my next application for a work permit?

Please help me!!!

Niyex1: Sup Justwise, I need you to answer this question for me. A friend was refused a UK visa about 5months ago, however in the refusal notice, the ECO made some mistakes in his letter.. To cut the long story short, he got a lawyer who filed for administrative review and about 3 months later he was called by the embassy to bring in all his documents he initially submitted as at the time of the application and also a valid statement of account. He submitted these documents and his passport was returned to him and he was given a reference number to always call to check if an ECO has made a secision on his application. He did this about 2weeks ago and he got a call yesterday to now bring in his passport to the embassy. He told me this and he asked that does this mean his administrative review has been sucessful and visa will be granted?

bubblygirl78: Hi. I'm new to this blog but I meed to find out some answers
Got married in june. Submitted for settlement visa In oct. My husband lives in uk. I live in naija.
I was refused just thursday and I'm so sad. But then I saw this blog and thot some light cld be shed for me
I was refused on various grds:
Evidence of communication. Dey said dey saw all our pics taken both in lag and london and our wedding etc but tht when I was reapplying for visa in 2010 tht I didn't stipulate that my bf lives in d uk. Tht I stayed in a hotel. Then they mentioned no phone calls or email. Altho I mentioned we comm by blackberry.
Second ground was tht I didn't put in my degree. Altho I put in my statement of result cos my degree got missing.
Another grd dey mentioned and I'm most concerned abt is tht my husband's company hasn't been paying tax or sth. Just some plenty story abt HRMC or sth. I don't really get it tho. Tht they chkd in 1 database and d company is dormant. :s
Then another one again. Tht cos my husband stays in a 2 bed wt his bro. Altho this was my frd's exact circumstance when she applied.
So now we wanna file an appeal. I'm really clueless abt these things. Cos I've been travelling for yrs and yrs and never faced a refusal
Yeah, I stopped work in april wt a view to relocating. Yeah! Sucks.
What are my chances. And whts d worse case scenario? Cos right now ve started job hunting in naija.
Mw, they made a mistake as per the house number. Dey wrote 38 instead of 58. Darned Don.

bubblygirl78: Hi. I'm new to this blog but I meed to find out some answers
Got married in june. Submitted for settlement visa In oct. My husband lives in uk. I live in naija.
I was refused just thursday and I'm so sad. But then I saw this blog and thot some light cld be shed for me
I was refused on various grds:
Evidence of communication. Dey said dey saw all our pics taken both in lag and london and our wedding etc but tht when I was reapplying for visa in 2010 tht I didn't stipulate that my bf lives in d uk. Tht I stayed in a hotel. Then they mentioned no phone calls or email. Altho I mentioned we comm by blackberry.
Second ground was tht I didn't put in my degree. Altho I put in my statement of result cos my degree got missing.
Another grd dey mentioned and I'm most concerned abt is tht my husband's company hasn't been paying tax or sth. Just some plenty story abt HRMC or sth. I don't really get it tho. Tht they chkd in 1 database and d company is dormant. :s
Then another one again. Tht cos my husband stays in a 2 bed wt his bro. Altho this was my frd's exact circumstance when she applied.
So now we wanna file an appeal. I'm really clueless abt these things. Cos I've been travelling for yrs and yrs and never faced a refusal
Yeah, I stopped work in april wt a view to relocating. Yeah! Sucks.
What are my chances. And whts d worse case scenario? Cos right now ve started job hunting in naija.
Mw, they made a mistake as per the house number. Dey wrote 38 instead of 58. Darned Don.

dotcom_na_me_na_me: Justwise, if someone apply for a Tourist Visa and refused but said his right of appeal is limited.
Can the person write a letter to the embassy for administrative review?
Is there any payment for administrative review?
I don't understand the different between this administrative review and appeal anymore.
Sometiems i heard you have to pay for appeal now, is it the same with administrative review too?

Thanks

Omo_Tier1:
Hello,
Since you have put in your appeal, I think PATIENCE is the watch word. Ordinarily, your case is a straight forward one and I am sure you will win it unless the judge is overly bias and that would not be your own story!

The truth be said, appeals NO LONGER have a fixed duration for determination unlike what it used to be in the past. There is so many backlogs of cases in the whole appeals system and more and more cases are taking longer to determine by the Upper Tribunal.

I would like to also encourage you make sure your financial statements are healthy as the BHC can make a big U-Turn and ask you to come back with your bank statements.

Goodluck!

Nbogu: @justwise, last time I mentioned that my tier 4 visa was refused under paragraph 320 (7a) because I did not mention that I was pregnant on the application form when making the application

I requested for administrative review saying that It was not asked if I was pregnant on the application form so, I did not see any reason why I should be answering questions I was not asked and that if pregnancy is a material fact to tier 4, provision should have been made for pregnancy situations on the application form.

The review result came back and this is what the reviewer said:


ECM Comment:
I have reviewed the points raised in your Administrative Review request and am
willing to accept that you may not have known that you were pregnant at the start of
the application process at the beginning of the year. However you would have known
by the time you came to apply for your visa and I consider the fact that you are
pregnant to be material to your application.

The declaration you signed in section 8 of your application form requires you to
inform us of any material changes or new information relevant to your application and
although there may not be a specific question on the VAF relating to pregnancy I do
consider that you deliberately withheld this information.

In view of this I am maintaining your refusal under paragraph 320(7a) of the
Immigration Rules.

Not satisfied the that the applicant is a genuine student
ECO Comment:
The length of your course is a year during which time you intend to have a baby. It
is not clear whether the University are aware of this or what arrangements you have
made to enable you to complete your course. As a result I am not satisfied that you
are a genuine student and refuse your application under paragraph 245 ZV (k).

Please let me know what u understand about this review outcome. Does it mean that I am refused under both paragraph 320 (7a) and 245 zv (k) or that the refusal is now under paragraph 245 ZV (k) only. the reason I am asking is because I am planning to apply for a work permit but I am afraid what the outcome will be because of past refusals.

Your advice counts as usual.

Thanks

junnymercy: Hi, pls i need advice on this

My cousin is 25 yrs old, and she applied for a tourist visa to visit the UK for a week.
Her application was refused recently and given limited right of appeal.
Here is the decision:

[b]You have applied for an entry clearance to visit the United Kingdom for one week.
I have considered your application under paragraph 41 of the United Kingdom Immigration Rules.
In order to be able to make a decision on whether or not to grant you entry clearance in this category I have taken into account your stated circumstances in Nigeria, the reason for your visit and your proposed travel arrangements. You have declared that you are a student of ………………. And supported by family member and that you have no family commitments or children to support.
I note that you have submitted no evidence of personal assets or savings. You also state that you propose to travel alone as a tourist and have no friends or family in the UK.
Given the statements you have made and the documentary evidence you have presented to support your application I am not satisfied that your circumstances in Nigeria, coupled with your reason for wishing to travel to the UK, are such that you have shown your intentions are as stated or that you intend to leave the UK at the end of your proposed visit. I am therefore not satisfied that your application meets the requirements of the paragraph 41 (i) and (ii) of the Immigration Rules.
Your right of appeal is limited to the grounds referred to in section blab la bla.[/b]

But, she told me that she submitted her personal savings account along with her sponsor’s account and sponsorship letter for the one week including evidence of income from his sponsor. Her sponsor provided his personal account with proof of income, his company tax and company cert. She also submitted letter from her school and ID.card and evidence that she has a daughter and she live with her daughter and her partner. She has not married though.
But I’m surprised with the decision because, the decision indirectly as if one must have a relative in the UK before she can be issued a visa? Must she have a property before she can be issued a visa? However, her sponsor also provided his landed property but the landed property was returned at the VFS office that they don’t need sponsor property. What do you think?
They did not even complain about school, hotel accommodation, air fare, and BTA because she provided documentary evidence of these and confirmed. But the visa officer only complain and refused her application base on assets.
My question is: Must she have a property in Nigeria? Is it a must for her to have property as a student before she can be issued a tourist visa?
Must she have a relative in the UK before she can be issued a visa as a tourist to visit the UK for a week?
And why the visa officer cleverly avoided or telling lies that she did not have family whereas the officer knew that she has a daughter and partner living together?
Your advice is needed here. Do you think she should go for administrative review and attach same set of documents and those the VFS did not collect from her, so she should send everything together to the embassy for administrative review. What do you think pls?

justwise:

She was refused purely for her lack of tie to Nigeria, getting a visa as an adult student is difficult as she got no job/business, no strong source of income. Those are the things that helps when applying for visiting visa.

junnymercy:

Thanks for this. Do you mean her daughter is not her tie in Nigeria? And lastly, what do you think if she go for administrative review? OR what do you think she should do about it? as she has no property...