i was on student visa in uk back in 2010. i applied for Post study work visa after my studies. The visa was refused due to maintenance fund. The reason for refusal was ukba stated that " One each day of the month, the maintenence fund should not be less than 800 pound" However ukba used guidelines instead of rules. The rules states thats " on any one day of a particular month the maintenence funds should be 800 or above.". Hence my psw application was refused on these grounds with review right. I overstayed my visa for 2 month. when i was departing uk on my own expense (voluntarily) the immigration authority at the airport served me with IS151A. which means a 10 year ban for overstayer
Later ukba acknowgedge its mistake and issued a statement that "ukba used guidelines instead of rules sit by parliment". Hence ukba decided to review any visa (Tier1, tier4 , tier 2 etc) which were refused by ukba due to maintence funds under Pankina Judgement.
by that time i was in my home country. i request ukba for review of the refusal of my visa. After review, ukba responded to me and send a letter which states " Follwoing the decision fo the court of appeal in secretary of state for the home department vs pankina EWCA CIV 719 (Known as Pankina Judgement), we have reviewed your refusal and can confirm that pending mandatory checks, you qualify to be granted leave under the judgement"
As you have left the UK and now wishes to resume your stay in the UK, we have put in place a process to faciliate re-entry.
to reinstate your leave you will need to apply, free of charge for a single entry visa. The single entry visa is only valid for a month and grants the holder a single entry to the uk .
once you entered uk on the single entry visa you will then need to submit documents to UK border agency with in one month."
Tom, once i got this letter i applied for visa and i was granted one month visa. However i didnt went to uk due to my job back at home country. i applied for the visa just to clear my ban.
Now i want to apply for australian immigration and there are three questions and i dont know whether to answer them Yes or No.
1) been removed or deported from any country ?
2)left any country to avoid being removed or deported?
3)been excluded from or ask to leave any country?
Your expert and honest opinion in this regard will be highly appreciated.