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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6400
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My nephew in China applied for a student Visa to study

Customer Question

Hi
My nephew in China applied for a student Visa to study in UK. He was rejected under the rule 320 7(A). The reason was the birth certificate issued by a hospital was not a valid document. This document was obtained for my nephew by his mother, who initially had no knowledge about the correct process in obtaining such document. She went to consult with a local hospital. A staff at the hospital told her he could provide her an official document for the purpose of obtaining VISA to study abroad. Therefore, the mother paid the fee and thought she obtained an official document. After getting the rejection letter, my nephew and his mother went to the hospital and talked to the same staff who issued the certificate. The staff provided them another letter certifying what he provided was a true birth certificate. One day later, he called back to my nephew's mother and let them know that he contacted his national office and lawyer and found out what he provided was indeed an invalid document. He said he was sorry for the mistake. And he could issue another letter to clarify the document provided was invalid. In this situation, if my nephew files for the administrative review, provide the reasons above, would he have a chance to get the VISA? When he files for the administrative review, should he provide an official document of birth certificate, which should be a notarized document? Should he also provide the additional two written documents issued by the hospital staff?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Was the birth certificate the only reason given for the rejection

Kind regards.

Tom

Customer: replied 2 years ago.

Hi Tom,

 

Yes.

 

Thank you

Luyu Ding

Expert:  Thomas replied 2 years ago.

Hi Luyu,

 

Does he now have his official birth certificate?


Kind regards,


Tom

Customer: replied 2 years ago.

He was trying to get it yesterday. It should be a noterized document. I am not sure if he has gotten it.

Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for reply.


He will have a reasonable chance on administrative review if he can obtain the actual Birth Certificate so that he can submit it with the request for AR. It will have to be notarised and translated (if necessary) and you should also provide the associated letters passed to you by the hospital staff, with a covering letter explaining the apparent oversight and consequent understanding of the position. You have to show them that it was honest mistake and not tendering of known inaccurate documentation.

 

Provided he can do this and there are no other defects then he should be fine.

 

As a belt and braces approach I would also consider filing a notice of appeal (subject to the specific advice that his lawyer dealing with his application gives) before the expiry of the notice. In these circumstances if the AR is successful then he can simply withdraw the appeal and no harm is done.

If the AR is unsuccessful then and he has filed his notice of appeal then he can simply proceed on appeal. Again, provided he has his notarised genuine birth certificate then he will have a good chance of success on appeal.

 

He needs to check when his ability to appeal lapses with his solicitor as an emergency though.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Tom,

 

Would you please review the letter below and let me know if any changes are needed?

 

Thanks

Luyu

 

Dear Officer,

 

Greetings! I am Heli Xu , and an applicant of TIER 4 (general) student visa. However, unfortunately I mMy application was refused under paragraph 320 (7(A) of the immigration rules. Here Pplease allow me to apply for an administrate review and explain to you my situation.

 

Based on the rejection letter, the birth certificate included in the Visa application was false document. This document was obtained by my mother. Initially, she did not know the proper process of how to obtain this document. Therefore, she went to the local hospital for consultation. The staff member, name XXXX, advised my mother that he could provide an official birth certificate for the purpose of obtaining student VISA to study abroad. My mother trusted him and paid him the required amount 300 Yuan and received this birth certificate. To our best knowledge at the time when we submitted the VISA application, we thought this was a valid document. To our surprise, we received this rejection letter. My mother and I went back to the hospital on Oct 22, 2011, and spoke to the same staff member, and told him that my VISA was rejected because of the false document he provided. Again, he restated that the document he issued was an official document. Enclosed is a written note by him provided his contact information for verification purpose. However, a day later, he called back to our family, informed us that he talked to his national office and lawyer and found out the document was indeed invalid. Enclosed is another letter from him to clarify the mistake was caused by his misunderstanding. He sincerely apologized for his administrative error. The correct document should be a notarized document. Subsequently, we obtained the enclosed official notarized birth certificate on Oct 23, 2011. With the facts above, I believe this was a honest mistake. I did not tender any known inaccurate documentation. Would you please reconsider my VISA application? In my visa application I submitted my Birth Certificate to support my relationship with my mother. However I didn't falsify my document intentionally and I suspect I was cheated by the hospital. Since I didn't have a birth certificate when I was born in 1988, I have to re-apply for one in the hospital which I was born. I told them my situation and they answered me that they have the authority to reissue my certificate. I got my Birth Certificate after I paid 300 yuan fees. I never thought it could be a falsified document because I did went to the specific hospital and the related department in it, and I never doubt their qualification. I was quite surprised with the ECO Comment "Checks conducted by this office with Xinyang Maternal & Children's Healthcare Hospital have revealed this to be falsified. When the hospital department was contacted they verified the Birth Certificate was not genuine and NO. C410144799 does not exist." So I went to the hospital again and query them after I received my refusal. They insisted my certificate is valid and I was confused and cannot understand.

 

After I checked some laws I found that in my situation I could offer another certificate to prove my birth. And here the new document is in attachment. I hope it will help in your judgment.

 

On the other side, I have contacted with Lancaster University (email address) and they agreed to extend my entrance date to 6th November. I prepared years to apply for Lancaster University and I am almost there. After almost 30 days (15 working days) anxious waiting for my visa, the result is so disappointing and. mMy motherm wept in tears because she felt terrible that her innocent help wealmost ruined my future.pt immediately when she knew it. But now I have to behave like a man but not a son, and I will show her confidence and hope. After my reading the refusal of entry clearance carefully, I decide to apply for an administrate review since I didn't falsify my document intentionally. Had I swear if I knew it was a invalidfalsified document I would have never offered it to you.

 

I am so sorry to takingfor the many troubles in my application and here I . I sincerely appreciate beg your your reconsideration of my application under my explanation and the new documents enclosed as support. And II support. I will be quite appreciated for your help and looking for your reply.

 

 

Best WishesSincerely,

 

 

Heli Xu

 

Enclosures

Expert:  Thomas replied 2 years ago.
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