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10 years long residence ILR and US visa refusal

Posted: Tue Feb 16, 2016 3:19 pm
by ra_hova
hi guys, I need a a bit of help. I've been in the UK for 10 years legally now, first as a student, then PSW, and now I'm on tier 2. I want to apply for my ILR however, I'm worried that I may be refused. I have been refused a US visa 3 times in the past due to violating the terms of my US student visa when I lived there and was therefore subsequently asked to leave. The first passport I held since coming to the UK currently has a stamp that says 'US embassy - application received XX-XX-2006.' As I have to send all my passports with my ILR application, I am worried that if the case worker sees this stamp, he or she may want to inquire with the US immigration authorities why I was refused a visa. Is this something the home office would do? And if so, would it negatively affect my application if the US authorities told the UK home office that I violated the terms of my visa and they asked me to leave? If anyone could shed some light on this I'd be very grateful. I'm so worried about all this. Thanks in advance

Re: 10 years long residence ILR and US visa refusal

Posted: Tue Feb 16, 2016 3:37 pm
by noajthan
ra_hova wrote:hi guys, I need a a bit of help. I've been in the UK for 10 years legally now, first as a student, then PSW, and now I'm on tier 2. I want to apply for my ILR however, I'm worried that I may be refused. I have been refused a US visa 3 times in the past due to violating the terms of my US student visa when I lived there and was therefore subsequently asked to leave. The first passport I held since coming to the UK currently has a stamp that says 'US embassy - application received XX-XX-2006.' As I have to send all my passports with my ILR application, I am worried that if the case worker sees this stamp, he or she may want to inquire with the US immigration authorities why I was refused a visa. Is this something the home office would do? And if so, would it negatively affect my application if the US authorities told the UK home office that I violated the terms of my visa and they asked me to leave? If anyone could shed some light on this I'd be very grateful. I'm so worried about all this. Thanks in advance
You can expect that HO carries out rigorous checks, especially in current climate.
It is likely the caseworker will crosscheck & verify an applicant against a number of official datasources & (possibly) partner states' databanks (wherever possible).

You will need to think carefully how you respond to Q7.12 and what additional information or explanation you provide.

Also review carefully the legally-binding Declaration (Section 14) that you need to sign;
- that vouches for the completeness & veracity of your application.

Re: 10 years long residence ILR and US visa refusal

Posted: Wed Mar 16, 2016 5:49 pm
by ra_hova
Thanks for your reply. But I am applying for ILR from within the UK so I can't find Q7.12 on the form. On the form it doesn't ask me if I've been refused a visa for any country so I'm a bit confused. So do the UK immigration authorities have access to USA database of visa applications? Or will they contact the US authorities to ask them?

ILR and previously covered up US visa refusal

Posted: Wed Mar 16, 2016 5:59 pm
by ra_hova
Hi guys, I am not in a similar situation but a bit worried it could happen to me. I recently applied for ILR based on 10 years long residence. I have been in the UK legally for 10 years. I originally came to the UK as a student on a student visa in 2006 and on the application form I filled in 2005, I ticked 'No' for the question asking if I have ever been refused visa to any country when in fact I had been refused a US visa about 5-6 months before. Now, I have a few questions:

1. Will the home office contact the US authorities to check if I had been refused a visa in regards to my student visa application in 2005? There is a stamp on my passport showing a visa refusal from after I had already arrived in the UK on my student visa and also one from last year.

2. If the home office finds out I lied, will they curtail my leave? I currently have valid leave in Tier 2 until 2018.

3. Will I get a 10 year ban if they discover this?
4. Will i be considered to be in breach of UK immigration law as I am right now?

Any advice would go a long way. Thanks in advance

Re: 10 years long residence ILR and US visa refusal

Posted: Wed Mar 16, 2016 6:10 pm
by noajthan
ra_hova wrote:Thanks for your reply. But I am applying for ILR from within the UK so I can't find Q7.12 on the form. On the form it doesn't ask me if I've been refused a visa for any country so I'm a bit confused. So do the UK immigration authorities have access to USA database of visa applications? Or will they contact the US authorities to ask them?
https://www.gov.uk/government/uploads/s ... _11-15.pdf
7.12. Have you or any dependants who are applying with you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?

Re: 10 years long residence ILR and US visa refusal

Posted: Mon Mar 28, 2016 4:14 am
by oni82
noajthan wrote:
ra_hova wrote:hi guys, I need a a bit of help. I've been in the UK for 10 years legally now, first as a student, then PSW, and now I'm on tier 2. I want to apply for my ILR however, I'm worried that I may be refused. I have been refused a US visa 3 times in the past due to violating the terms of my US student visa when I lived there and was therefore subsequently asked to leave. The first passport I held since coming to the UK currently has a stamp that says 'US embassy - application received XX-XX-2006.' As I have to send all my passports with my ILR application, I am worried that if the case worker sees this stamp, he or she may want to inquire with the US immigration authorities why I was refused a visa. Is this something the home office would do? And if so, would it negatively affect my application if the US authorities told the UK home office that I violated the terms of my visa and they asked me to leave? If anyone could shed some light on this I'd be very grateful. I'm so worried about all this. Thanks in advance
You can expect that HO carries out rigorous checks, especially in current climate.
It is likely the caseworker will crosscheck & verify an applicant against a number of official datasources & (possibly) partner states' databanks (wherever possible).

How has a UK Visa application (ILR)to do anything with US visa history or applications? Do you have anything good to tell ppl but scaring them?!

You will need to think carefully how you respond to Q7.12 and what additional information or explanation you provide.

Also review carefully the legally-binding Declaration (Section 14) that you need to sign;
- that vouches for the completeness & veracity of your application.