How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6650
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

i want to discuss uk immigration law and my situation according

Customer Question

i want to discuss uk immigration law and my situation according to law.
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. What would you like to know? Please explain your circumstances
I am a UK immigration lawyer.
Kind regards.
Tom
Customer: replied 2 years ago.
Thank you Tom for your reply. I think we talk about the issue before. howwever i didnt explain the situation in detail and i am ready to pay for this question as its important for my career. its about my administrative removal issue from uk which is overturned now and i want to apply for australian visa. i want to know about the alternatives i have regarding this
Expert:  Thomas replied 2 years ago.
Hi,

So, in essence, is this a question about Austrailian Immigration Law, or UK immigration law?

Tom
Customer: replied 2 years ago.
well its more linked with uk immigration law. however i want to chat with you in detail about this issue because i believe i didnt explain the story in detail
Expert:  Thomas replied 2 years ago.
Okay.

Please provide full details.

Tom
Customer: replied 2 years ago.

 

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[2010] 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.

 

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.
I would do what I advise applicants for UK visas to do in this situation. Disclose, explain and mitigate. Obviously 1) is not relevant because you left of your own accord. 2) Yes, you did leave the UK to avoid being removed, but this is simply because of an erroneous application of procedure.
The points is that the question is blunt, but you should tick yes and then with the application covering letter explain the particular circumstances and how this has arisen as a result of the UKBA’s mistake in the application of the rules should not be regarded as a flagrant breach of the immgration rules. Refer to the various pieces of correspondence (attaching them to your supporting paginated documentation and provide a chronolgy.
You will though also have to mitigate the overstay, because this is problematic. It would be helpful to link the overstay to the errorneous practice of the UKBA because it’s a breach of the immigration rules in itself. If you were shock at the decision of the rejection as you were planning to stay in the UK and it tool some time to re-adjust to leave then you should say so. You need to place the blame of the overstay at the suprising decision to reject
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. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

 

Thanks tom for precise and expert opinion. so you mean i have to tick

(b) and (c) as YES.

 

Tom, if i didnt mention my overstay on application form, since it is not mention on any document of mine. will it be fine? Because Australian embassy will not know it unless i told them myself on the application form.

 

Also do i need to tick (b) as yes? because i left uk voluntarily.

 

Also a common question normally on australia or uk visa application form states that

 

one last question

 

An applicant can fail the character requirment test if "having regard to the person's past and present general conduct, the person is found to be not of good character"

 

what exactly it mean?

 

Thank you tom for all your help. you are a star.

 

 

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 2 years ago.

so you mean to say that this sentence include criteria like overstay etc?

 

 

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 2 years ago.

Thank you Tom for your expert opinion.

 

since that particular sentence states that character test will fail on basis of person present or past general ground/behaviour. so this sentence mean mandatory refusal if i present geniune documents ?

 

one last and final question, eg: if somone overstay another country visa then to which extend ukba can punish him/him? will it mean mandatory refusal of uk visa if someone overstay another country visa?

 

I Have got best answers to my questions and undoubtly no one on this forum can explain them so accurately like you did.

 

have a good night you are a star tom.

 

best wishes

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1805 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor