Withdrawing Administrative Review

[jimin95]

Hello! I'm new to this forum

I'm an over 18 dependant to Tier 2 visa. My father (main applicant) has been granted ILR since last year. My mother has been granted ILR last month. Actually my mother, my sister and I applied at the same time last year, but only my mother was granted. We were refused due to missing documents (bank statement + letter from school). In fact, to our confusion, those documents were sent back along with my mother's application. We were qualified for Admin Review.

I have submitted a bank statement and letter from school confirming that I was a student from that college. The letter from school was genuine, it's just that the date I was enrolled in was mistakenly filled out by the head of the department. Instead of putting 2015 in the date I was enrolled, he had put 2014. I was a transfer student at that college and I was on a 2 year BTEC course. I completed my first year in another college (2014-2015) and I was enrolled on this school that issued me the letter on 2015.

Before getting the letter from school confirming that I was a student there, there was a form that needed to be filled out by both the student and the tutor. I left the date I was enrolled in the college empty because I did not want to commit any mistakes on the dates. I even left the ending of the course and the course codes empty because I wasn't sure of the exact dates my course has ended and I wasn't sure of the course codes. I did not want to commit any mistakes so I left the spaces empty for my tutor to fill out. I couldn't find my tutor in the office, so I had asked the head of the department to fill out the form for me. He was one of my teachers. When I gave the form to my teacher, he filled out the parts that needed to be filled out, including those empty spaces. He had put 2014 instead of 2015 in my course starting date. He gave it back to me and I gave it to the front desk. He was the head of the department so I believed what he had written on the paper was correct. The front desk made the letter for me right on the spot. Just to clarify, I did not know the exact date I was enrolled in nor the date the course has officially ended, and I did not want to take any chances, so I left the spaces empty for the head of the department to fill out. After a few minutes, I was handed out the letter made by the lady at the front desk which has incorrect information. At that time, I belived what the head of my department had written on the paper. That I was enrolled in 2014. I think there has been confusion on his part because it was a 2 year course I was doing, and the head of the department did not check my records before filling out the form. I did not intend to deceive, but it was the incorrect dates that were filled out by the head of the department.

We have applied for ILR but I've got a feeling that it will be refused due to this. Please give me an advice

[bruteforce]

I have a feeling that this wont have any negative effect on your application. Lets see what others have to say.

[jimin95]

I have a feeling that this wont have any negative effect on your application. Lets see what others have to say.

Thank you so much for your reply. I have been on the edge for several days already and have not been eating well. You don't know how much I appreciate your simple reply.

I've been reading some related posts about my case. Wouldn't they classify this as use of false documents? I'm afraid that it would cause harm to my application because of this simple mistake. Technically it isn't false because there was an error on the document. At the time my teacher was filling out the form, he had mistakenly supplied me with incorrect information.

[vinny]

Hopefully, if necessary, then the teacher will be able to explain the simple typo error satisfactory.

[jimin95]

Hopefully, if necessary, then the teacher will be able to explain the simple typo error satisfactory.

Thanks for you reply, vinny. I appreciate that you've taken your time to reply to me. I was wondering if it would be relevant to the case since the head of the department I had asked to fill out my form had already left the college I was in, and is already working as a manager in another school. The thing is, we have received an email from Administrative Review that there would be delays because they are awaiting for their enquiries. We have supplied my grades/document of the course I've finished as additional supporting document. Basically, the grades from my old college (I enroled in 2014) is in the document as it should be + grades from this school (I enroled in 2015). So I'm assuming that the reason for the delay is thay they've sent enquiries to the college regarding the confirmation letter confirming that I was a student there. I'm afraid they would supply them information that would not match the letter that I've submitted (which contains the incorrect information thay had been supplied by my teacher). I'm afraid that they would clasify this as use of false documents.

[jimin95]

Does anyone know if it would classify as deception or use of false documents?

[vinny]

See also Meaning of false representation.

[jimin95]

See also Meaning of false representation.

Thanks for the link, vinny. I've read most of the links. What are your opinions?

[jimin95]

Opinions are welcome. I need to know other possibilities of my case. Please.

[vinny]

A typo should not be classified as deception.

[jimin95]

A typo should not be classified as deception.

Right. To be classified as false representations or deception, deliberate dishonesty is required, right? The letter was used to confirm that I've not been living an independent life (as I'm a Tier 2 PBS dependant). How long I've been studying in the college is not material nor does it carry a lot of weight in my application. Additionally, the letter is genuine, but there is only a typo in the document made by my teacher. Technically it's not a false document, but one that contains error/typo. This is what I got from the links you've provided. However I'm still very worried. What is your opinion? Do you think they'd refuse my application under 322(1a)?

[sunymalik]

Dnt worry its not deception its a typo error and an honest mistake which wud be rectify....so u will be fine and soon u will get ur ILR....Although it might take time but eventually u will get wat u want...stay happy n blessed...

[jimin95]

Dnt worry its not deception its a typo error and an honest mistake which wud be rectify....so u will be fine and soon u will get ur ILR....Although it might take time but eventually u will get wat u want...stay happy n blessed...

Thank you so much for your reply and for your encouragements. I really appreciate it. Do you think my application will be refused under 322(1a) since the dates wouldn't match with the letter I submitted and when the caseworker verifies with my college. I'm really worried.

[jimin95]

in addition to my quote reply

@sunymalik: do you think they would classified as dishonesty on my part since the dates would not match? On my letter it says I was enrolled in 2014, but when caseworker verifies in my college it would appear that I was enrolled in 2015. I know it's a typo but do you think it would be seen as dishonesty? Would the letter be classfied as a false document?

[jimin95]

Say I've been refused under 322(1a) and 320(a), would I have the right to appeal? I'm an over 18 Tier 2 dependant, and the expires on August 2018. I've read that you would have the right to appeal if it was an application by long residence, but that's not the case for me. So would it be right to appeal under Article 8 since both of my parents have ILR and we have been living in the UK together for almost 4 years? I've been reading cases and preparing myself for the worse.

[jimin95]

I realised that the facts about my case is scattered throughout my posts so I made this post with all the facts.


I'm an over 18 PBS Tier 2 dependant. Our application has been refused and now under Admin Review. This was the first problem that's why my application is under admin review at the moment: The caseworker claimed that they have not seen the supporting documents we've sent (bank statement + confirmation letter from college) so they refused my application. My mother has been granted ILR and when they sent her documents back, my supporting documents were there, that's why we were due for Admin review.

Here's my real problem, I have received and email saying that there will be delays with the admin review because they are awaiting for their further enquiries. I'm worried because there was an error on the letter I got from my college to confirm that I was a student there. Instead of 2015, it says on the letter that I was enrolled in 2014. If the caseworker has been enquiring, they might have done DVR with my college and I'm afraid there would be a contradiction with the dates I was enrolled. I've done research and it might be refused under 322(1a) use of false represantations or false documents and 320(7b d) deception due to using false document in a current application. They are doing DVR so they will have a high standard of proof.

The error on the letter
In acquiring the letter from the college, there was a single form that needs to be filled out by both the student and the teacher. I know I applied on 2015 but I wasn't 100% sure of the dates they enrolled me on their system nor the exact dates the course has officially ended, so I left the spaces empty in the form for my teacher to fill out. I didn't want to take any chances and put the wrong dates, so I trusted that the teacher would know better than me and would check their records of the dates they enrolled me. I couldn't find my tutor in the office so I asked the head of my department as it was urgent. It was urgent because this was already the second time I'm asking them the letter and we really need the letter for the application. Two weeks have passed since my first request and they haven't sent anything, that's why I went to college again to ask about it. When I spoke to the lady at the reception, she told me to fill out another form and this lead me to my case. I couldn't find my tutor in the office so I asked the head of my department to fill out the form for me. He was one of my teachers. He filled out that date enrolled was 2014, I went on with it and gave the paper to the reception. As it was urgent, the lady offered that she could do it for me on the spot. So I waited, got my letter with the incorrect date and submitted it with our application. At that time I don't think the teacher realised that I was a transfer student (that I was enrolled in the school in 2015) so he just put the dates the course started which was in 2014 (it was a 2 year course BTEC Level 3). He was the head of my department, but now he has left the college and is a manager at another school. As I've said I didn't know the exact date I was enrolled in the college, nor the offical date my course has ended, I even left the course codes empty because I didn't want to make any mistakes with the form, so I relied heavily on the information my teacher has supplied me.


My question is, would they give me a chance to explain myself about the "false document"? It was a genuine mistake made by my teacher because he hadn't check the school records before providing me the incorrect information. Would it be an appeal, reconsideration or admin view? What are the chances of winning this case? I'm getting very worried and have been online in the forum for the past several days due to this. The results from the admin review aren't out yet so I've been researching about the worst case scenario. My PBS dependant visa will expire on March 2018. My father and mothe rboth have ILR.

Opinions are very much welcomed. Please.
Thank you in advance

[bruteforce]

You are asking the same question again and again. Most of the responses have reassured you that this won't be an issue but no one here can tell you exactly what will happen. I suggest you don't take much stress about the issue now as the case is now under process. If you still not happy then write a brief explanatory letter to case worker and send it by recorded delivery asap and keep a copy for yourself. Hope this helps.

[jimin95]

You are asking the same question again and again. Most of the responses have reassured you that this won't be an issue but no one here can tell you exactly what will happen. I suggest you don't take much stress about the issue now as the case is now under process. If you still not happy then write a brief explanatory letter to case worker and send it by recorded delivery asap and keep a copy for yourself. Hope this helps.

Wouldn't it harm my application and they would say that I'm only explaining the error now because they are doing further enquiries and I knew that something will go wrong? I'm scared of not haing the right to appeal to explain this misunderstandingg. I'm sorry if I'm being redundant. I'm just really worried of my future.

[jimin95]

Is it possible to withraw Administrative Review just like that? There were delays in the admin review due to further enquiries and the email said that they are aiming to review my application by March 31st. I found that there has been errors in my supporting documents and I'd like to apply again with those errors rectified. I was initially refused due to missing supporting documents, but one of the supporting documents (confirmation letter from school) has an incorrect information of the day I was enrolled. The letter said 2014, but I was enrolled in 2015. They are reviewing mine and my sister's application as it was a family application (my mum was granted ILR and my sister and I were refused). If possible, would I be able to withdraw just my application? I'm a Tier 2 PBS dependant over 18. Both my parents have ILR.

Also, what does this phrase exactly mean?
"Your request will be rejected if you ask for a review of a previous decision after submitting a new application.

Would withdrawing my application harm new application in any way?
Thanks!

[vinny]

Would a withdrawal imply an acceptance of wrong doing/guilt? I don't know.

Perhaps consider bruteforce's suggestions.

See also JR.

[vinny]

Another thing, my understanding is that an AR does not normally accept further supporting evidence, except to refute deception. So, were your and your sister's applications actually refused, or deferred subject to further supporting evidence?

[jimin95]

update: refused due to outdated documents we used for the Admin Review

Here's a summary of my case:
I'm an over-18 dependant visa holder which will expire in August 2018. My parents have just been granted ILR. My dad was granted last year and my mother was granted last month. Actually, my sister, mother and I had applied for ILR as a family, but we were refused due to the outdated documents we used (only my mother was granted). Now, my sister and I will be applying for ILR. We both came to UK in 2013.

We have finished college last year so I'm curious if letters from schools are required (mandatory) as supporting evidence that we've not been living an independent life. I've seen the list and it said that they only need TWO supporting documents from the list. Would a bank statement and a letter from GP suffice? And are we allowed to use PEO? I think I've read somewhere that only postal applications are applicable for this kind of case where a dependant is applying and both parents have already been granted ILR. We really need to get the visa ASAP bc we're due for a holiday in July.

Also, we were refused twice when we applied.
1st time: refused due to missing documents (caseworking error) so we were qualified for Admin Review.
Admin review result: refused us again because we used an outdated document.

Will these refusals have any effect to our application? Do we need to include this information when we make a fresh application?

Thanks in advance! I'm sorry for creating another post.

[jimin95]

Another thing, my understanding is that an AR does not normally accept further supporting evidence, except to refute deception. So, were your and your sister's applications actually refused, or deferred subject to further supporting evidence?

I'm sorry I have just seen your post now. We actually have a solicitor but I got the info from my dad who said our applications were 'refused'. I think he could have misunderstood our solicitor and was subject to further supporting evidence. The result of the Admin review is out and we were refused this time because we used outdated documents. For that admin review, we used the documents we originally sent with our first application (letters dated 2016). We are planning to make a fresh application. Would we be able to apply via PEO when we're both dependants and both of our parents have ILR? By the way, thank you so much for replying to me, Vinny. I know I may seem very annoying with my redundant questions. I'm just worried for my future. I want to live here.

[jimin95]

Is the NHS registration document equivalent to letter from the GP confirming that I have been registered there? I've done my research and it's supposed to be a card or something but we haven't got anything like that.

[vinny]

Note: medical cards are no longer issued in England. If you still have one it may have an old-style NHS Number made-up of both letters and numbers. However, in recent years this has been replaced for all patients with an NHS Number made containing only numbers (as shown in the example above).