Student Dependent

[relax]

Hi

I got PSW through CCL in 2009 (I was single when I got PSW)

Now I am married and my wife is a student and want to apply as a dependent.

I think I have to go back to home country to apply.

Will CCL problem be an issue for my dependent application.

Can they reject my dependent applicaiton in CCL problem. (I believe as per article 8 they can't reject my application).

Once I get my dependent visa can they detain me in the airport becoz of this reason.

Thanks

[vinny]

(I believe as per article 8 they can't reject my application)

[quote="CDS (PBS "available" Article 8) Brazil [2010] UKUT 305 (IAC)"]Article 8 does not give an Immigration Judge a free-standing liberty to depart from the Immigration Rules, and it is unlikely that a person will be able to show an article 8 right by coming to the UK for temporary purposes.[/quote]

[relax]

Thanks Vinny.

Just to get it clear "You mean they have the right to reject my application" - Correct.

I am a muslim and she is hindu and we got married last month against our family (they dont even know we got married).

If we go back to india there is a bigger threat for our life from the girl family.

I am working here in a plc and earning more than 30k so i dont want to go back to india and because of CCL issue i cannot make any application on my own as it will be rejected. so i want to apply as a dependent.

Is there any other way that we can stay in this coutry and make a proper application if i plead guilty.

Thanks

[relax]

Hi Vinny,

Can you please advice ........

Thanks

[geriatrix]

The change can only be made from outside the UK. And, given the CCL history, the entry clearance application may be refused.


regards

[relax]

The change can only be made from outside the UK. And, given the CCL history, the entry clearance application may be refused.


regards

Thanks Sushdmehta and Vinny.

I am planning to go to india for 2 weeks to apply as a dependent. So Just want to clarify on the below issues.

1. In the VAF10 I cant see any questions related to deception. I do understand that they can easily find out with the immigration history. So can you please tell me do I need to voluntarily tell them about CCL in application.

2. If they refuse my entry clearance can they cancel my current leave to remain which I have till April 2011.

Thanks

[kkj]

I think question 6.6 is there, as in all CCL PSW cases, all applicant breach their immigration conditions by using deception to get PSW. If you do not disclose, it will may be treated as another deception or hiding of facts in visa application. You need to consult a good immgration lawyer at this point.

If they refuse your application, it will be refused coz of that PSW visa which is valid till April'11 so the very first thing they will do they will cancel your PSW visa and after that they will examine your current application under facts and figures of your immigration history.

In case like yours, I always recommend the applicant make a separate sheet by the heading of 'immigration history' and provide all details by 'date to date' and 'visa to visa' and if they were in any kind of breach of immigration law, disclose it and provide your explanations which you think will work in your favor.

[relax]

Hi Vinny,

I have read most of your advice. I have got CCL psw and want to apply as dependent from India.

Can you please suugest whether what i am saying is making sense.

I am going to make dependent application from India and my my crrent leave is running out in April 11.

My solicitor says that I leave the country before valid leave and apply from India for entry clearance once my leave is over. i.e a week after my current leave.

Then they cannot use 320 7B. Is that correct?


Please advice.

Thanks

[geriatrix]

Then they cannot use 320 7B. Is that correct?

No, they can (e.g. - if 320(7A) or 320(7B)(d) applies).

But if your CCL qualification was a genuine one and you can prove so, you have nothing to worry!


regards

[relax]

Hi Vinny/Sushmehta,

My Dependant application from India was successful. Now I have got entry clearance but unfortunately for 6 months only(becoz my wife visa was till sept 11).

My wife is applying for PSW this month but I am worried whether they can bring my previous deception issue and reject my PBS dependant application in uk.

Can they use sec 320 in my new application?

Thanks