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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6589
Experience:  BA (Hons), PgDip, Practising Solicitor
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As mentioned before i am a canadian citizen who was suppose

Customer Question

As mentioned before i am a canadian citizen who was suppose to start studying law on a points based system namely tier 4 student visa in leeds uk. i was granted admission to a prestigious university in Leeds. i had my cas and with that i applied for a uk student visa under the tier 4 visa. i actually got accepted to four out of five choices on ucas. the problem is i have had criminal records in canada. i am late 30s and already have an undergraduate and graduate degree from here in canada but that is irrelevant when it comes to immigration. now i have a criminal harasement conviction dated back to 1994 and two fail to comply which dates back to 2003 and 2004. in late 2005 i was convicted of common assault and received 16 months probation. for all the charges and convictions i did not spend more than 2-3 days in jail and mostly i received probation for 12-16 months. never incacerated for a long period of time and everything ended in jan 2007. meaning last conviction was nov 2005 and for which i got probation which ended jan 2007. i have checked the uk criminal law system and none of my convictions carries more than 12 months jail time if i was charged or tried in uk. also it is 6 years since my probation ended and 8 years since i was last convicted. all my convictions are spent based on uk law and should not have been a problem for me to receive my tier 4 visa to travel to uk to get my dreams come true. on august 20, 2012 as i am preparing to move to uk i received a package from ukba denying me entry to uk along with my passport. i sat in my back yard and cried. As a 38 year old man and not much time to make a chance at this i was really down for a few days. now i have worked all of my life managing law firms and clerking for top law firms here in toronto and have the marks and intelligence to pursue my dream of becoming a lawyer. once i was refused i just made myself busy with my work and tried to figure something else out namely UOL external law degree which is distance learning. i tried to do that for past 3 months but i am a type of person who needs to go to lectures and tutorials to learn things and distance learning is very hard even harder with full time employment. while i was trying to figure out what to do and that distance learning is not for me, i stumbled across something interesting. i thought god you must love me or if you believe in karma i thought i must have done something in my past life for you to open doors for me in this life. i am across SRA, solicitor regulation authority and under section conversion courses, my dream came through. SRA has a conversion courses section which is for non law graduates who want to be lawyers in uk. this is perfect for me. i immediately read about it and started sending my transcripts to SRA for evaluation. I asked to be granted a certificate of academic standing for my undergraduate and graduate degree from here in canada. i am awaiting their response but i do not think that it should be a problem. i again immediately applied online to the conversion courses which is called graduate law diploma (GDL or CPE). I WANT TO GO TO LONDON AND STUDY THIS IS SEPT. SEPT. 2013. I NEED TO HIRE A LONDON-UK LAWYER TO PUT MY TIER 4 STUDENT VISA TOGETHER AND MAKE THE UKBA UNDERSTAND THAT MY CONVICTIONS ARE SPENT. NOW I NEED HELP WITH THIS AND FEEDBACK ON EVERYTHING ELSE I SAID IS MUCH APPRECIATED.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

In a sentence, what do you wish to know?
Customer: replied 1 year ago.

please read the whole thing. it is all in there namely how am i able to go to london to study my graduate law diploma when ukba rejected my last student visa (tier 4).

Expert:  Thomas replied 1 year ago.
Hi,

We cannot accept instructions from customers or refer you directly to specific solicitors.

I can try and help you generally with your question if you like and if you wish for me to do so please confirm the specific reasons for refusal under the Immigration Rules.

If not, simply confirm that you would like a refund and I shall refer this to the adminstrators..

Tom
Customer: replied 1 year ago.

reason for refusal on my entry clearance sheet is because of my criminal records which is detailed above. i need to know if there is a chance they will approve a student visa for me to go to london for sept. 2013. I need to go to london for the CPE course in london for september of 2013 and i need a tier 4 student visa for that. in the past i got accepted into U Leeds and was suppose to start sept when my application for a visa was rejected by a entry clearance officer in New York and i could not go. I need to know if once they reject you, do you have a chance for a second try? also do i need a lawyer and I can pay to get a top immigration lawyer in london to complete the whole process of visa. do i need a lawyer? i also need to know who is good if you know or have a list of good lawyers? also please give me a brief feedback on my status and atleast where i am with respect to a chance of winning this. i am 39 years old with a undegraduate and graduate degree namely a B.A. and a M.B.A.


I am a student with 3.8/4.0 gpa which based on american/north american standards a A-. I also hold a certificate of academic standing from SRA and need to attend london CPE programs to complete my law degree and just want help with what my chances are and who should contact with respect to this.


 


ps. one final note the british embassy in ottawa canada does not address anything directly and the british embassy in united states is all the way in New York and they dont address any questions over the phone either. They say for properly handling of case i should go there in person. this means i have to fly or drive 9 hours to New York City and make an appointment and then maybe someone there would answer some of the concerns. Thats is why i am here asking for help.

Expert:  Thomas replied 1 year ago.
Hi,

I will have to answer tomorrow now. At 9bst.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The first thing to say is that you should not speak to the UKBA for advice on the application of the immigration rules for your case. They are not really there to advise you how to get entry to the UK, they are there to determine applications sent to them by applicants principally.

Sometimes, they will give out information and advice but it is quite often wrong frankly.

You need to instruct a solicitor in the UK.

I had asked you which of the immigration rules they rejected under. You have not stated and simply referred to your convictions. I shall assume therefore that they have either rejected under Immigration Rule 320(17) (offences over 12 months) or 320 (6) (which is the catch all section “where it would not be conducive to the public good to grant leave).

You are obviously qualified to find out the sentencing guidline for the offences you have suffered so if they have rejected on 320(17) alone then I suspect you have a good chance of applying again. However, if they have rejected on the basis that it would not be conducive to the public good to admit you then you are going to have a fight on your hands.

You will have to mititgate the offences heavily, by submitting a detailed witness statement alone with evidence of your rehabilitation and subsequent good behaviour. You will need character references in the form of witness statements.

You are not prejudiced because you have already been rejected. Each application is judged on it’s individual merits.

We are not permitted by the terms if the site to refer you specifically to solicitors but my advice would be to shop around and instruct on based in the UK.

Plainly, you have made considerable efforts to better your behaviour since your previous difficulties and this can be taken in to consideration by the UKBA or, if they reject, on appeal where your evidence gets a much fairer hearing in front of an immigration appeals tribunal.

.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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”.

Kind regards,


Tom
Customer: replied 1 year ago.

Thank you Tom. Yes I lost the paper which i received from UKBA which states the reason for refusal for my previous application. Cant i just come to Uk with a different type of visa. also as a canadian can i come and stay in uk for less than six months without having to go through all the visa stages. now if i am to just visit city university of london just to see the place and stay in london for a few days say one week or two, do i need visa?? the reason i ask is because i need to know in light of a rejection in my passport, would the ukba reject me entrance even as a tourist who wants to go see the place namely the university? secondly now that they have stamped my passport red with rejection would the immigration officers at london heathrow airport reject me entry even as a tourist or even if i ever visit uk now i need a visa no matter as a tourist or not? also i think yes you are correct in that regard that they refused me entry based on rule 320(6) cause i remember the officer made reference to synopsis of my court documents namely how i got into trouble just four days after a court sentence back in 2005. so i would say they refused me based on the latter section of the code. now to get a lawyer, can i come to london or it can be done via phone and fax? also if i come to london as a tourist to go get a lawyer, would ukba allow me to enter the country to go see my lawyer or the simply stop and send me back at the border? one final note and that is what are my chances of approval or rather have you seen people in similar circumstances like me and they received their visa on second attempt even though the first one was a failure?


 


ps. i will rate your answer and give you the whole $ 35.00 for your time. much is appreciated and thanks for your time.

Expert:  Thomas replied 1 year ago.
I'm afraid that I work to UK time. Again, it's too late for me to reply but I will at 9bst tomorrow.

Tom
Customer: replied 1 year ago.

k.

Customer: replied 1 year ago.

ok.

Expert:  Thomas replied 1 year ago.
Thanks
Expert:  Thomas replied 1 year ago.
Hi,

I would advise applying for a visitor's visa before you travel if you wish to visit. I appreciate that Canadian citizen's benefit from a visa waiver program which usually means that they usually are granted a visa upon arrival but because of the earlier offences and the application (which demonstrates a wish to be in the UK long term) they will be ultra-vigilant and the last thing you want is to be refused entry.

You can instruct a solicitor based in the UK whilst you are based in Canada, no problem, but you may have to notarise your passport to prove your identity.

Please rate my answer.

Kind regards,


Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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Thomas
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BA (Hons), PgDip, Practising Solicitor