HSMP Refusal based on General Grounds for refusal- Pls Reply

ving · Post by **ving** » Tue Apr 14, 2009 12:39 pm

Hi,
My Tier 1 General migrant(HSMP) has been refused based on Grounds for Refusal, here are the refusal comments.

General Grounds for Refusal:
ECO Comment:
In your application you, my name, said that you had not been refused an entry clearance of any other country.Iam satisfied that this statement was false becasue your passport contains a stamp showing you applied for an entry clearance at the German consulate in chennai, It was not issued. As false representations have been made in relation to your application, it is refused under paragraph 320(7a) of the immegration Rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the UK immigration Rules HC395(as amended) until xx/xx/xxxx, unless a concession applies.

Consent from sponsoring Government or agency not recieved:
ECO Comment:
[Summarise reasong and refer the refusal wordings on the OSIs which also include relevant sub-pgh(g) of 245C of the Rules].
The text in the brackets is in italic font.
---------------------------------------------------------------------------------
If refusal happens under 320(7a), we can submit the evidences.

Actually, my german visa was not refused but it was closed by german consulate upon request from my employer(sponsor of my visa).

I got a letter from German consulate stating the below:
My German visa application status is "closed" not rejected, my stamp does not idicate approval or rejection of my visa.

I also got letter from my employer stating my visa processing was stopped in justification to business needs.

Iam going to submit these 2 evidences to prove that my visa has never been refused.

My Questions:
1. What does "Consent from sponsoring Government or agency not recieved:" indicates.? should i consider this and provide explanation in my review letter.?
2) Still is there any other means that the refusal would happen even after submitting these evidences though original decision is over turned.?
3) Which address i need to submit the admin review forms.?
4)Any effective way we can write admin review form.?

pls reply asap. Thanks.

ganeshptrk · Post by **ganeshptrk** » Tue Apr 14, 2009 3:24 pm

Hi,
Here I would say a 100% coincidence with my case. My visa (actually my familiy's dependent visa) got rejected under section 320(7A). That too a stamp from German Consulate on my wife and daughter's passports showing visa applied for, but no visa was found on passports. The issue was same as yours. My employer withdrew the application before any decision has been made by German Consulate. so we mentioned in the VAF application that we were never been refused visa by any country including U.K. We were shocked when we received the reject letter that too under 320(7A). After some trouble period, we managed to get a letter from German consulate explaining the correct status that it is not a visa refusal but an application withdrawn.

Here I approached an attroney in Chennai. They sent a strong mail to Chennai British Hight commission explaning the mistake done by them and how much agony we faced. Then, someone from British High Commision, Chennai postively responsed to re-submit passports and letter from German consulate at Chennai VFS. I didn't pay any fees and not submitted all other documents. Only passports and letter from German consulate submitted at VFS. My family got visa in two working days. It didn't go under appeal process which actually takes minimum 90 days.

newhsmp2009 · Post by **newhsmp2009** » Tue Apr 14, 2009 4:24 pm

I think this is entry clearance application rt?

ganeshptrk · Post by **ganeshptrk** » Tue Apr 14, 2009 9:05 pm

yes, it was entry clearance.

ving · Post by **ving** » Wed Apr 15, 2009 4:38 am

Hello Ganesh,
That was very useful information, thanks alot.
i have messaged to you, could you pls check your inbox?

xpscapable · Post by **xpscapable** » Wed Apr 15, 2009 9:00 am

Hmm I can't see in my Tier 1 Application where this question is asked. Can you please elaborate where this question apply in Tier 1 form? Or did I just missed it?

ving · Post by **ving** » Wed Apr 15, 2009 9:46 am

Question no 6.3 ( Form: VAF9 November 2008).

xpscapable · Post by **xpscapable** » Wed Apr 15, 2009 10:09 am

Ah right this is for brand new application. Not extension application. Got it.

nksg · Post by **nksg** » Wed Apr 15, 2009 10:45 am

Hi ving,

I have seen a similar case in this forum and this guy got the approval after filing administrative review. I think he got letter from German HC stating that Visa was not rejected and application was wihrawn.

Ill try to find the link.

NK

ving · Post by **ving** » Wed Apr 15, 2009 11:00 am

Hi nksg,
Thanks alot.

Pls try to find the link, meanwhile i will also try for the same.

Thanks.

nksg · Post by **nksg** » Wed Apr 15, 2009 11:10 am

http://www.immigrationboards.com/viewto ... ght=german

This case the dependent Visa was rejected .. but this is similar case to yours... All the best.

ving · Post by **ving** » Wed Apr 15, 2009 11:51 am

Thanks alot nksg.
My case is also same, i have got letter from german consulate and from employer.
German letter:
This is to confirm that the status of your application was closed. Hence the corresponding passport does not indicate approval/rejection of your visa application.

employer letter:
The application for the german visa was closed due to changes in the business needs.

Iam go to apply for admin review now.

nksg · Post by **nksg** » Wed Apr 15, 2009 11:58 am

Cool!! all the best.

ving · Post by **ving** » Tue Aug 04, 2009 2:00 pm

Hi All,

Finally the decision has arrived after a long wait (4 months).

Today i received a email communication from "Chennai.adminreview@fco.gov.uk" stating the decision has been overturned by ECM.
The mail also mentioned "please collect the decision letter from VFS".
Here is the question, where should i collect this letter? which VFS? I applied Tier 1 from Bangalore VFS, can i collect the letter from bangalore VFS now.?

Any idea how long does it take for visa stamping.?

NOT the least, Tons of thanks for all the people who were handy with their valuable inputs.

ganeshptrk · Post by **ganeshptrk** » Tue Aug 04, 2009 2:37 pm

Very glad to hear that the appeal turned in your favour. This shouldn't have happened in first place. Anyway things ended up pleasant.

I think you should collect from Bangalore VFS as you applied there. You can submit your passport alone along with letter from BHC for stamping. No need to pay any fees or submit documents. You will get passports back in 1 or 2 days.

This is what I did.

ving · Post by **ving** » Tue Aug 04, 2009 3:21 pm

Thanks for your wishes.
But as per my observation , though appeal is won, stamping is taking months time...any ideas? anyways i will be submitting passport asap.

wonappeal · Post by **wonappeal** » Thu Nov 19, 2009 12:22 pm

hey Ving,

How it took for you to get the passport back from the HG after submitting the pasport...

I have also submitted my passport ad waiting , am not sure how it is going to take,
please advise..

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HSMP Refusal based on General Grounds for refusal- Pls Reply