I need professional advice

[patosky]

Hi,

Please, I need your professional advice here. I was granted tier 4 visa with my husband as my dependant. Before we made the application, I was about 4 months pregnant.

When we got to the airport to travel, I was asked by a British High Commission's agent if I was pregnant, my pregnancy wasn't obvious yet I said yes because I did not see anything wrong with that.

But before I knew it, we've ben asked to step aside. Eventually, we were referred to UKBA office to have a talk with them about my pregnancy.

We were asked to submit our documents. They eventually revoked our visas on the ground that I concealed material fact by not mentioning that I was pregnant on the application form. So we were refused under paragraph 320 (7a)

I requested for administrative review saying that It was not asked if I was pregnant on the application form so, I did not see any reason why I should be answering questions I was not asked. If pregnancy is a material fact to tie 4, provision should be made for pregnancy situations on the application form.

The review result came back and this is what the reviewer said:

ECM Comment:
I have reviewed the points raised in your Administrative Review request and am
willing to accept that you may not have known that you were pregnant at the start of
the application process at the beginning of the year. However you would have known
by the time you came to apply for your visa and I consider the fact that you are
pregnant to be material to your application.

The declaration you signed in section 8 of your application form requires you to
inform us of any material changes or new information relevant to your application and
although there may not be a specific question on the VAF relating to pregnancy I do
consider that you deliberately withheld this information.

In view of this I am maintaining your refusal under paragraph 320(7a) of the
Immigration Rules.

Not satisfied the that the applicant is a genuine student
ECO Comment:
The length of your course is a year during which time you intend to have a baby. It
is not clear whether the University are aware of this or what arrangements you have
made to enable you to complete your course. As a result I am not satisfied that you
are a genuine student and refuse your application under paragraph 245 ZV (k) of
the Immigration Rules.

Based on the information I provided, can I still make an application any time soon. Or does this mean that I will be banned if I make any application in future. Please advice me because I am planning to make an application in December 2012.

Thanks

[Lucapooka]

You have requested professional opinion so perhaps you should seek that. This is a commons for the greater understanding of the immigration laws rather than an 'ask an expert' forum.

The ECM is entitled to refuse or curtail your application as he sees fit and that may or may not be done in error. You are entitled to challenge such refusals as you see fit. I would tend to agree with his analysis but I'm not a legal professional and can't comment on this with regard to the precise application of the law. However, it's often said that the law is 5% citation and 95% application. Given that you are 4 months pregnant it does mean that now you won't be having your child inside the UK; any representations you make to overturn this will take a very long time. It will not be a normal appeal procedure and you may need legal assistance. Making a new application in December (that's from this Saturday?) in any immigration capacity will also be refused.

[patosky]

Thanks,

What if I decide to wait for 6 months after the baby is born before lodging a fresh application, do you think I wi still be refused or banned based on the outcome of the administrative review?.

Please, your opinion counts

Regards

[Lucapooka]

I think you would need the assistance of a legal professional with a new application. That person could make representations to the effect that the you were not intending to make a false declaration.

[patosky]

@ lucapooka,

Thanks for your opinion. At least I have the hope of applying again in future. I was really scared of been banned if I make any further application.

Plenty thanks to you

[Deviser]

320(7A) carries 10 years ban on all future visa application as per immigration law.

I think it will not be easy for you to get any UK visa in future.

[vinny]

See also Any good law firm recommendation?

[patosky]

Hi good people,

Please I have a question. If I applied for tier 4 visa without dependants and eventually switched from tier 4 to tier 2 still without any dependants. Can my dependants apply to join me in the UK on my tier2. Even if they've not been my dependants through out my tier4?

Please let me know.

Thanks

[Lucapooka]

That is not a problem if the on-going validity of the relationships can be evidenced, but the child could not be granted leave individually if the father chose to remain in the homeland.

However, if you don't challenge the false declaration issue it will stand as being a fact and then used to deny you any further entry clearance for 10 years.

[patosky]

That is not a problem if the on-going validity of the relationships can be evidenced, but the child could not be granted leave individually if the father chose to remain in the homeland.

However, if you don't challenge the false declaration issue it will stand as being a fact and then used to deny you any further entry clearance for 10 years.

Thanks a lot. But how do I challenge the false declaration when I don't have full right of appeal and have already applied for administrative review? Please advice me.

An agency in uk is already working out tier 2 certificate of sponsorship for me through a suitable employer. I have also given birth one month ago.

Regards