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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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i entered the uk illegally without a visa.my intention was

Customer Question

i entered the uk illegally without a visa.my intention was to raise some money,go back to my country and apply genuinely as a student.i was able to get false documents for work,i went to the bank to open an account with these documents but was arrested by the police in the process.they let me go with a caution and told me immigration would contact me since i was illegal.immigration never contacted me after that.
now i still have my dream to study in the uk and to do that legally.do you think i have a chance of getting a visa as a student if i go back to my country to make this application ?
if i fill out in my application form that i have been in the uk before and have a police caution,do you think it will spoil my chances of getting a visa ? if i don't succeed,will i get the chance of an appeal
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.
Did the police take your fingerprints when they arrested you? How long ago was this?
Customer: replied 3 years ago.

 

 

hello.this happened in march 2007.yes they took my fingerprints and locked me up and released me the next day.thanks.

Expert:  CharlotteSJ replied 3 years ago.
Thank you for your question.

If it was as recently as 2007 then if you were to make a student application, you would have to declare this on your application form. If you didn't and the Home Office found out (which would be easy for them to do if they have taken your finger prints)then your application could fail on the basis that you have tried to deceive them. This could then lead to you being removed from the UK.

There are currently re-entry ban provisions in place which mean that if you have been in the UK illegally and you leave, depending on the basis on which you left, you can be banned from making any applications under the points based system to come back again for a specified period of time.

Therefore if you leave the UK and make an application to come back as a student then you will be caught by the re-entry ban which ranges from 12 months if you leave voluntarily at your own expense up to 10 years if the Home Office remove you at their expense.

The re-entry ban does not seem apply to those making applications from within the UK and so this is your other option. Obviously you have no existing leave and so if you are refused, you will not be given a right of appeal. However, if you can get a Confirmation of Acceptance for Studies from a licensed institution giving you 30 points; you satisfy the maintenance requirement to get your 10 points and you satisfy the English Language requirement then you may get your visa.
Customer: replied 3 years ago.
thanks for your answer.are you saying my best option would be to apply from within the uk without having to go back to my country if i get a confirmation of acceptance for studies ? how do i go about the process for the visa application ? please elaborate on my chances of getting a visa.
Expert:  CharlotteSJ replied 3 years ago.
If you wish to apply as a student and you don't want to wait for the re-entry ban to pass then your only option is to try and make an in country application.

The Home Office do seem to be considering applications made from within the UK by people with no current stay. Previous applications of this type that I have seen decisions on have been refused, however the reason for this was not due to the fact they were here illegally, it was because either there was a problem with the college not being licensed properly or problems with their maintenance ie they didn't have the right level of funds in their account for the right time or the Home Office were not happy with their bank statements etc. There was no mention in the refusals of the fact that they had no leave to remain at the time of the application save for at the end where the right of appeal was not given for this reason. The lack of status however was not the reason for refusal.

My advice would therefore be that it would seem to be your only option at the moment although I would strongly advise making sure that you submit all the correct paperwork. A new law has been introduced which says that in points based refusals, if an appeal right is given then the only documentation that can be produced is that that was before the original decision maker. New evidence cannot be introduced at appeal and so the fact that you wouldn't get a right of appeal does not put you at a huge disadvantage anyway.

You will need to first of all get your CAS from the college you are studying at. You then need to make sure that you have the following funds in your bank account for 28 consecutive days and you must make your application within 1 month of the date of the bank statement.

You will need to show that if your course is for more than 9 months, that you have the course fees for the year plus 9 months worth of £800 if you are studying in inner London or £600 if you are studying out of London. If your course is for less than 9 months, you need to show that you have the fees to cover the full course and maintenance at the above rates for the duration of the course.

If you still do not have a bank account then you may need to see if you can get a friend to help you and try putting the requisite funds in to their account and providing a signed statement from them explaining that it is your money and you are simply using their account as you do not have one of your own. Again, there is no guarantee that this will work but it may be the best way to show that you have the required funds in the absence of your own accounts.

You will then need to apply on the following form

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier4applicationform1.pdf

and pay the necessary fee.

Obviously I cannot guarantee that your application will be successful but you will give yourself the best chance of success if you have all the correct documentation and you make sure that your application satisfies all the requirements.

Given that you do not have current leave to remain in the UK, it may be a good idea to seek the assistance of an immigration solicitor when preparing your application.

Thanks
Customer: replied 3 years ago.
you seem to have answerd my question.thank you.please on the basis that i don't have a legal stay,am i qualified to make this application ? also if i go ahead and do as you have advised me,what is the chances that i will succeed ? do i have a high or low probability of success ? the reason is if i fail,immigration will remember me and they might come after me.
Expert:  CharlotteSJ replied 3 years ago.
Your chances of success depend very much on whether you meet the rules or not. If you can show that you get the requisite number of points and you provide the correct evidence then there is no reason why you should not be successful. As I've said above, not having status in the UK will not mean that you fail, the Home Office do seem to be considering the applications against the rules whether the applicant has leave to remain or not. You are correct that if you make an application to the Home Office then they will learn your whereabouts as you will have to provide an address with your application. Whether you chose to do this is up to you. As you don't currently have leave to remain in the UK, it may be a good idea to get a solicitor to help you prepare the application to make sure that you do meet the rules and to give yourself the best possible chance of success. I hope this answers your question. I'm afraid I can't give you exact advice in respect of merits as I haven't seen your completed application and it all depends on this but if you do as I've said above then your prospects are as good as they can be.
CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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