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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/madam i applied for PSW. However my Post Study work

Customer Question

Dear Sir/madam
i applied for PSW. However my Post Study work visa application was refused due to maintenence fund(it was the case when ukba considered that applicant MUST have 800 pounds available on every day of the month. UKBA was totally wrong as it was stated that 800 mainentence fund should be available on any day of the month--closing balance). i overstayed 4 month my student visa after psw refusal. i left uk voluntarily on my own expense but was served with 10 year ban at airport.

However under PANKINA Judgement, I request home office for review under PANKINA JUDGEMENT for my PSW refusal back from my home country. ukba after review instructed me to submit passport for a month visa to enter uk ( Reason: PSW visa application was no longer available in 2011 from abroad). PS: ukba said in the letter that you need to apply for 1 month visa to come to uk and after arrival in uk you need to apply for your PSW visa. I was granted one month visa.however due to my job back in my home country , i decided not to go to uk. The reason i applied for this visa is to clear my 10 year ban. now i have few question in mind in this regard.



1. As per rules, 10 year ban is effectively over due to this 1 month visa endorsment sticker in my new passport. so if i apply to student visa of Canada or US and i do not mention the removal (since it is overturned). will it be fine? (PS: Because if i mention it then it will have negative impact on my application to those countries)



2. Immigration officer at airport wrote IS151A served on 25/5/2009 on my passport (which is expired now). its a 10 year ban which is overturned now. My second question is , if i decide not to include this passport with my student visa application for canada/US. will that be fine? (PS: this passport is expired now and my new passport got 1 month visa as i mentioned above)



3. My last question is, in case if i attached photocopies visa pages of previous passport by saying the passport is lost. will it be fine? (PS: in case if i remove the IS151A hand written words from the visa page of the previous passport using computer scan)



4. there are three questions on visa application form.



(a).Been removed or deported from any country ?



(b).left any country to avoid being removed or deportedd?



(c).been excluded from or asked to leave any country?



among these questions, which one should i tick as yes?





thank you for all your help.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your question.

1) I;m afraid it does not change the fact that you were removed from the UK. Your argument is a purely semantic one unfortunately, but the fact remains that the removal occurred albeit that the UKBA have appranrently then agreed to not to treat it as such for the purpose of the future application of the UK immigration rules.
2) Include only your current passport, don’t include other passports unless they are specifically requested
3) Any pages you submit must be all of the pages, you cannot be selective and not submit pages which you think might prejudice the application because it is well within their capabilities to check with the UKBA and see that you have not included them. This would be deception if you did not include them and could potentially cause much bigger problems for you than the incident and ban itself.
4) You should tick a) and c). Explain in your covering letter for whichever application you make the full details of what happen and mitigate your position as much as possible.

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Kind regards,


Tom
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Customer: replied 4 years ago.

Thank you Graham for your reply.

 

so in light of the above situation where i was removed and then 10 year ban overturned due to visa what are my chances of canadian student visa if i declare administrative removal (overturned now) . what percent chances i will have to be granted canada student visa if i declare uk removal.

PS: i will supply original educational documents, bankstatement and all stuff will be geniune.

Expert:  Thomas replied 4 years ago.
Hi,

I can't really comment on that, you need to speak with a Canadian lawyer. I might suggest submitting a further question to the Canadian law category.

They will assist.

Tom

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