UK Immigration Law
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I have just been refused a visitor visa to the UK for a 2 week vacation. In May 2010 i was refused entry into the UK because i admitted that i did not state that i had a family relation in the UK whom i wanted to visit and put a one year subsequent visa refusal on me and my family that was visiting. I had to wait for two years to reapply alone for a visitor visa and stated the facts of the earlier entry refusal and my relations address but i was still refused visa. I have during thisban period travvelled to the US several times on multiple entry visas which is still valid,ditto Canada. I work in a top oil company in Nigeria as a top management staff and my income averages $7k a month. I think they dont have any basis to refuse me visa and the consular officer saying that " i can not be satisfied that your circumstances are now as claimed" is derogatory, if he had done a proper verification of my account statements and assets in Nigeria.
Please advise if an appeal should be taken. I am to attend a conference in Dublin 3rd quarter of this year, would this affect my visa application to visit Dublin?
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Did your relatives in the UK submit a sponsorship declaration in support of your application
2. Please list the supporting documentation that you enclosed in it’s entirety
1. My relations (distant cousins) did not submit declaration in support of my application because i did not request for it. Actually, i had applied for a business visit visa for a business meeting in London which did not hold the first time i was in London. That visa expired and i applied for another business visit visa for same meeting but the chairman of my company died and that had to be aborted. However, the visas still running,hence i had to use it with my family to visit our relation. So, it was not the initial intention to visit her,hence we never requested for Declarative documents from her.
2. The supporting documents i enclosed in the latest application are: my employment letter,pay slips,bank statements,landed estate deeds,business club certificates,itinerary of countries visited,earlier refusal of leave to enter the UK,tax clearance certificates,family pictures and documents of marriage,shares and other property documents,children's birth certificates,letter from employer confirming my status and approving the vacation trip personally signed by the MD.
Thanks for your reply.
Did you mitigate why you did not earlier disclose that you had relatives in the UK in your previous application?
Did you give an explanation for why you did not tick the correct box?
Nothing more than i never intended visiting them initially as my main reason for traveling,hence thought it was not necessary to fill it in.I can recall my company sending a letter to the Immigration requesting a review of the case of 2010.Why are they stating i will be refused for ten years? This is a slight.
Why are they are saying that you are subject to a ten year ban?
This only happens in serious cases, where a person has been removed at cost of the state after deportation for example.
Apologies for not getting back earlier.
That is what is contained in the letter that as i "have been refused under paragraph 320 (7B) of the Immigration Rules,any further applications will be subject to the automatic refusal period until 23/05/2020".
I was put on a one year bar,then why this?
Thanks for your patience.
As I say a ten year ban is usually only enforced in the even that a person is apprehended, detained by the UKBA and then disputes removal in a tribunal. can only assume that they regard your previous lack of disclosure with regard to not completing the form correctly as to you family as a deception (for which they are also permitted to levy bans).
It may be a mistake by the UKBA. They do make them frequently, so unless there are some applicable circumstances in your particular case which I do not know about I don’t think you should regard your situation as quite as desperate as the letter suggest.
I would not appeal the current application. I would instruct a UK based solicitor to prepare an application for a visitor’s visa on your behalf. The reason I would not appeal is that you have not submitted sponsorship declarations from your family and would not now be permitted to adduce them as evidence on appeal because only evidence in existence at the time of application is permitted. Thus, your starting position would be much, much poorer than it need be.
This is a statutory declaration sworn under the Statutory Declarations Act 1835, it carries more weight than a simple letter of sponsorship. It would state state terms of his visit, that you are to return at the end of it, that they shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during your stay so that neither of you will need to access public funds.
This should be submitted with your application along with a detailed sworn statement by you which refers to and annexes all of your documentation. It should also contain a detailed explanation of your misunderstanding of the question asked in the earlier form and that this was an honest mistake which should not be considered prejudicial to your application.
In addition I would ask some persons of authority, both here and where you are, to execute character references sworn under oath to submit with your application.
It may be that the UKBA refuses this application as well. Rightly or wrongly the UKBA in my experience tends to place application from Nigerian citizens in a high risk category and your earlier mistake does little to persuade them otherwise. If they do refuse the application then you should appeal but you will at least be appealing from the strongest possible starting position, which is important. You should then instruct your solicitor to act on appeal together with a UK barrister to appear at the hearing itself.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”, and I will be happy to help.
i don't intend following the route of family visit. The guys there are distant cousins,not immediate family members. I want to be visiting the UK on vacation with my family at all times on my own. Your suggestion is anchored on sworn declarations from my cousins but i don't want to follow that route. Can you kindly advise another option?
The last application which i made but was just refused stated that i was going on vacation to London and do not intend visiting my cousins in Nottingham. I even did hotel reservation in London.
That's a shame.
It need not be family. If there are freinds in the UK that you wish to visit with your family then they can execute sworn sponsorship declarations.
If there are no friends then I would still suggest that you submit a new application rather than appeal this one because you need to address the issue of the earlier mistake directly in a sworn statement and because the solicitor will be able to check that all the appropriate documentation is present, in the correct form and is cogently presented and referred to the in the supporting statements. You will still need to include the character reference referred to in my above answer.
I would suggest this, rather than appeal on your current application which does not sound like it explains the earlier problem as well as it might and does not include character references.
I think that you will probably end up having to appeal whatever you do, but my concern is that you will be appealing an application that is not as strong as it would be if you appeal this one.
Trust this clarifies.
Can you advise on best persons to give character reference.
Thanks a lot.
Senior, employers, perhaps your minister if you are religious, other professionals who know you well. Persons of authority within your society who are well regarded, know you well and who can speak to you moral authority and reliability.
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