Immigrationboards.com

Hi All,

Can the ILR be refused on the basis of an application made in the past ( Incorrect COA application made due to lack of legal knowledge) but withdrawn the application before the decison was made after taking legal advise. It was pure stupidness but does that mean I broke the rules and law since the application was never processed and returned back as withdarwn?

Can this application ( withdrawn) be used as general ground refusal?

I have a long story to tell but guess that would be of no use so have just asked the main question above, if anyone could help please?

I have recently received SAR and it has record of this withdrawn COA.

Many thanks for your time.

Were you at any time, due to the 'withdrawal of application' or otherwise, out of status (without valid leave to remain, or illegal)?

First of all many thanks for replying my post.

No, I have never been out of status.

I am WP holder in the UK ( Old scheme) and the withdarwn application was the COA application. The moment I realised I was not eligible and the forms were incorrectly completed I pulled out the application. Will UKBA refuse my and my wife's ILR application? My wife is here as my dependant and we have our first child born in the UK recently?

I am very upset and need some guidance.

Many thanks

Who knows what effect it would have?

Would you think that UKBA could come to the conclusion, keeping in mind your immigration history (including withdrawn application) that you employed deception in your dealings with UKBA at any stage?

If the answer to above is Yes, then they might refuse.
If the answer is NO, then there should not be any problems.

You know your immigration history, so you yourselves are the best person to work it out.

As far as my immigration history is concerned, I have never been refused for any visa ( 1 student and 3 work permits and subsequent FLRs, My wife was granted dependant visa in 3 days from my home country). I have nothing adverse going against me except this stupid silly COA form I submitted. Honestly, I did not know the rules otherwise why would I apply for this knowing I might be in trouble in the future. I was told later that the form was not correctly filled and I immediately called and pulled out this application. The other issue is my wife was granted visa after this COA withdrawal and I assumed its all fine.
Based on withdrawn COA application, will the UKBA consider me unfit for ILR despite the fact that I have been in this country for 8 years, studied properly, obtained two degrees, worked for almost 6 years, paid my taxes, never had any convictions, never broke any law?

May be they refuse and expel me from here but to me it sounds harsh or maybe I am giving false hopes to myself to just not panic too much.. I am looking for a really solicitor and have not been able to find one so far and hope someone may come up with an advise I need.

Look at things in order first:

1. Do you qualify for ILR at the time of application
2. Do you meet the requirements of the category under which you are applying
3. Are you able to supply the documents/evidence as required to prove 1 & 2 above, plus any other mentioned in the form.

If your ILR application was refused purely on a the ground of a previous withdrawal, well that would be something new.

Thanks again, I do qualify for ILR and can provide all the documents. Is it ok if I PM you to actually share the whole story. It is rather complex. I am sorry you dont have to say yes or read/advise but I would really appreciate if you could have a look into it. This has become a constant headache for me now.

I have been to many solicitors and left their office with a new information at every visit.

Thanks alot.

ShiningHope wrote:As far as my immigration history is concerned, I have never been refused for any visa ( 1 student and 3 work permits and subsequent FLRs, My wife was granted dependant visa in 3 days from my home country). I have nothing adverse going against me except this stupid silly COA form I submitted. Honestly, I did not know the rules otherwise why would I apply for this knowing I might be in trouble in the future. I was told later that the form was not correctly filled and I immediately called and pulled out this application. The other issue is my wife was granted visa after this COA withdrawal and I assumed its all fine.
Based on withdrawn COA application, will the UKBA consider me unfit for ILR despite the fact that I have been in this country for 8 years, studied properly, obtained two degrees, worked for almost 6 years, paid my taxes, never had any convictions, never broke any law?

May be they refuse and expel me from here but to me it sounds harsh or maybe I am giving false hopes to myself to just not panic too much.. I am looking for a really solicitor and have not been able to find one so far and hope someone may come up with an advise I need.

If I can read between the lines, then I think at some point you applied for COA to marry someone in UK. You then in effect changed your mind and withdrew your application, and then you married another woman from back home. The woman you got married from back home got granted a spouse dependent visa.

Wanting to marry a woman, and changing your mind before actually getting married is not a crime. There were no rules to say that if you were granted COA then you must marry the woman named in COA.

If UKBA had any problems with your withdrawn application, they would not have issued the woman you actually married, with a dependent spouse visa. By UKBA having problems I mean UKBA suspecting or coming to a conclusion that you employed deception in any applications. If they had suspected deception from your end, they would have tried to curtail your leave.

None of this happened, so I think you are just worrying for no reason. Withdrawn COA will in itself wont lead to a refusal.