Tier 2 ICT Refused - Banned for 10 years - Urgent help

dheen · Post by **dheen** » Tue May 28, 2013 12:19 pm

Hello Experts,

I have recently applied for Tier 2 ICT Short Term Visa from India and got refused for mistakenly mentioning as No under Previous Application and Travel History section for the below mentioned questions.

Have you made an application to the Home Office to remain in the UK in the last 10 years?
Have you ever been refused a visa for any country including the UK?

Due to the unintentional mistake, I've been refused a visa and also any future applications may also be refused for the next 10 years as this has been considered as false representation.

However an administrative review can be made for my case and can some one let me know whether it will be successful in getting my ban lifted by presenting any supportive documents regarding my earlier travel / application history.

Thanks in advance.

dheen · Post by **dheen** » Wed May 29, 2013 7:21 am

Can someone please help me on this as it is really urgent

Post by **manci** » Wed May 29, 2013 7:38 am

what is your application/travel/refusal history that you omitted to include in the visa application?

dheen · Post by **dheen** » Wed May 29, 2013 7:49 am

Whilst in the UK, i applied for Tier 1 Visa and it got refused due to insufficient points and i forgot to mention the same while applying for Tier 2 ICT Short term visa recently.

Have you made an application to the Home Office to remain in the UK in the last 10 years? - No
Have you ever been refused a visa for any country including the UK? - No

Post by **manci** » Wed May 29, 2013 8:17 am

what was your immigration status when your T1 application was refused?

how did you answer questions 6.2, 6.4 and 6.6 on the VAF9 application form?
http://www.ukba.homeoffice.gov.uk/sitec ... s/vaf9.pdf

dheen · Post by **dheen** » Wed May 29, 2013 8:43 am

While applying for Tier 1 being in UK, i had Work Permit visa and below mentioned were my answers
6.2 Have you travelled to the UK in the last 10 years? - Yes
6.4 Have you been granted a visa for the UK in the last 10 years? - Yes
6.6 Have you ever been in breach of your immigration conditions for the UK? - No

Can you please help me out, if that answers your query.
Appreciate your speedy response.

Post by **manci** » Wed May 29, 2013 8:53 am

what was your immigration status when your T1 application was refused?

dheen · Post by **dheen** » Wed May 29, 2013 9:00 am

Tier 2 ICT

Post by **manci** » Wed May 29, 2013 9:24 am

the conditions for administrative reviews are here:
http://www.ukba.homeoffice.gov.uk/visas ... ve-review/

The question "Have you ever been refused a visa for any country including the UK?" relates to entry clearance (=visa) applications and assuming your NO answer was correct the only error was the NO answer to the question "Have you made an application to the Home Office to remain in the UK in the last 10 years?".

Since you did declare that you had been in the UK and had a visa previously IMHO it can be argued that the erroneous answer was a genuine mistake and no deception was intended.

Presumably your NO answer to the question "Have you ever been in breach of your immigration conditions for the UK? " was also correct.

It would be a good idea to engage a professional advisor who would be familiar with your full immigration history to help with the request for an administrative review.

dheen · Post by **dheen** » Wed May 29, 2013 9:39 am

Thanks Manci.
Does it mean that by going through an expert solicitor / immigration lawyer for an administrative review, chances are good for getting my ban lifted??

Post by **manci** » Wed May 29, 2013 9:51 am

dheen wrote:Thanks Manci.
Does it mean that by going through an expert solicitor / immigration lawyer for an administrative review, chances are good better for getting my ban lifted??

dheen · Post by **dheen** » Wed May 29, 2013 10:36 am

Thanks Manci.
At least, now my hopes are bit alive with the confidence been given by you.
Also one more question, does it mean that if my ban is getting lifted will i be issued a visa / do i need to reapply for the same.

Post by **manci** » Wed May 29, 2013 11:23 am

if the administrative review overturns the refusal then your visa will be issued.

dheen · Post by **dheen** » Fri May 31, 2013 7:18 am

Have anyone been through this phase earlier and if so, can someone let me know the outcome as I don't have the full right to appeal but i am allowed for an Administrative review.

Your early response and help is highly appreciated.

Post by **manci** » Fri May 31, 2013 7:26 am

http://www.ukba.homeoffice.gov.uk/visas ... ve-review/

dheen · Post by **dheen** » Fri May 31, 2013 7:30 am

Any chance of getting the original decision overturned and any idea on how to go ahead with the same.

dheen · Post by **dheen** » Fri May 31, 2013 10:38 am

Hello manci and experts,

any idea about administrative review and how it happens / works.
as it has been mentioned in the request notice that, the filled in application may be delivered by hand, fax, mail/courier, how can we engage a solicitor here.

dheen · Post by **dheen** » Wed Jul 10, 2013 5:13 pm

Manci and Experts,

I got my Admin Review uphold with the original decision made under paragraph 320(7a) and below is what the details of the decision is mentioned.
As a result I uphold the decision to refuse your application under paragraph 320(7a)

But what confuses me is, it has also been mentioned like
If you still wish to apply under Tier 2 of the Points Based System, you will need to make a fresh application. This should be made on the appropriate application form. Supporting evidence should include the evidence supplied with any previous application and any new evidence or additional information you wish to include. A new fee will also be payable

Does this mean, I can apply for a fresh application?

Awaiting for your response at the earliest.

dheen · Post by **dheen** » Thu Jul 11, 2013 11:37 am

Manci,

Can you help me on this as it is really urgent

Post by **vinny** » Thu Jul 11, 2013 1:01 pm

Any subsequent applications will be automatically refused (subject to exceptions) for the next 10 years, unless they agree that you made an honest mistake.

Post by **manci** » Sat Jul 13, 2013 11:37 am

it is not possible to comment beyond what vinny said without seeing the full response to the request for admin review.

dheen · Post by **dheen** » Mon Jul 15, 2013 9:48 am

Manci, Vinny
Below mentioned is the decision made in the admin review even though when i agreed saying it was an innocent mistake. Please let me know if there are any chances of appealing this, in order to get the original decision overturned.

I am therefore satisfied that the ECOs decision is correct. Whilst you state that it was an ‘innocent mistake’, I do not accept this explanation. I note that you were in the UK as a work permit holder and after conducting research decided to apply to switch to Tier 1 as you felt this would give you greater flexibility and you were aware that the category was coming to an end for new applicants. I am therefore not satisfied that you were unaware that you were refused leave to remain. You were at least aware that you had an application refused and it is not clear why you did not detail this somewhere on your application form, for example under Q57 – refusal of visa for UK, or Q63 – application for leave to remain in the UK or Q74 - any further information you wish to be considered.

As a result I uphold the decision to refuse your application under paragraph 320(7a).

dheen · Post by **dheen** » Wed Jul 17, 2013 8:09 pm

Manci, Vinny

Can you please post your comments, as i have pasted the admin review decision made on my case.

dheen · Post by **dheen** » Tue Jul 23, 2013 4:03 pm

Manci, Vinny

Any updates for my query.
Your help is highly appreciated.

dheen · Post by **dheen** » Tue Jul 30, 2013 7:52 pm

Manci, vinny

Any updates on my query.
Please guide me what could be done further.

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Tier 2 ICT Refused - Banned for 10 years - Urgent help

Tier 2 ICT Refused - Banned for 10 years - Urgent help

Tier 2 ICT Refused - Banned for 10 years - Urgent help