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i've been denied visitor visa. update : Appeal won!

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mimik
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i've been denied visitor visa. update : Appeal won!

Post by mimik » Sun Nov 01, 2009 6:35 pm

hello everyone,

this is a bit of a long one. i'll try to summarise but include as much detail as possible. i went to the uk originally as visitor in 2001(from zimbabwe). my mother was then on a work permit. she decided that my sister and i not return to zimbabwe because of all the political stuff that was goin on there. we sought immigration advice and was unfortunatley misiformed an told we could have our visitor status changed to dependents of my mothers while in uk. our then solictor had submitted an application to the home office and it took years for them to get back to us. we were eventually granted an ait hearing which we attended, the judge basically said he acknowldges we were not given the correct advice but there is no case law to allow my sister and i to stay. we were not asked to leave uk because this was around the time uk had stopped deportations to zimbabwe. the whole process from the initial application to the ait hearing lasted 5yrs. the ait judge said could write to the Home Office making representations on ‘invitation’ by the ait judge. he said this would be in the hope that the home office might exercise discretion in our favour. by this time we had completed high school. the solictor who submitted these representations had not heard from the home office by the time we left.

eventually both my sister and i left uk to pursue our university education. my sister (who studies in america) has since been granted visitors visa twice to visit my mother in uk. on my first application i was denied (at british embassy kuala lumpur) reasons given where no social ties and economic situation of my country zimbabwe casts doubt on whether i would return. i lodged an appeal and was told the decision would not be reversed and appeal would be forwarded to ait. my mother has received a letter from ait inviting her to a hearing in december.

my question is will they have access to my past immigration history? i am thinking they would look at that and say your daughter overstayed before so no she cannot come. can they ban on me ever being allowed into the uk? my mother does not know whether to attend the hearing or not. we really do not know what to do.

your advice appreciated.
thank you.
Last edited by mimik on Fri Jan 08, 2010 2:53 pm, edited 1 time in total.

mimik
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Joined: Sun Nov 01, 2009 6:03 pm

Post by mimik » Mon Nov 02, 2009 6:34 pm

help please. anyone?

PaperPusher
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Post by PaperPusher » Mon Nov 02, 2009 7:21 pm

my question is will they have access to my past immigration history?
Yes
i am thinking they would look at that and say your daughter overstayed before so no she cannot come.
Perhaps, what were the reasons for the refusal?
can they ban on me ever being allowed into the uk?
No, but it will surely be hard to show that you will actually leave the UK.
my mother does not know whether to attend the hearing or not. we really do not know what to do.
That would be up to her and you, perhaps now is the time to get legal advice.

If your sister has been to the UK and left, that will not harm your case.

mimik
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Post by mimik » Fri Nov 06, 2009 7:52 am

Thank you for your response PaperPusher.

The reasons for refusal were that because i am from zim it cast doubt on whether i would return to malaysia they said i could choose to continue with my studies in the uk.

i will advise my mother to seek legal advice as the hearing is now a few weeks away.

the documents also state that whether or not someone shows up at the hearing the hearing will go on regardless. i guess not attending does not make a difference? once you're refused a visa do they always refuse an subsequent apps based on that initial refusal?

mimik
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Post by mimik » Fri Jan 08, 2010 2:52 pm

The appeal was won! Thank you all for the info on this board.
Thank you!!

batleykhan
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Post by batleykhan » Fri Jan 08, 2010 5:00 pm

You are welcomed and congrats on your success

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