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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2234
Experience:  Partner in national law firm with 25 years legal experience
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Ive been refused a UK visitors Visa (I wanted to stay for

Resolved Question:

I've been refused a UK visitor's Visa (I wanted to stay for 3 months, in order to visit a close relation in the UK) to the UK for 12 months under paragraph 320 (7B) for previously breaching my last Visitor's visa conditions; I stated I was only staying for 30 days, but stayed for a total of 5 months instead. Due to having a close tie with a person living in the UK, which I did not state the exact relation at the time of the application, but I did so in my recent refused application. My question is will switching into a different immigration category (i.e. student visa) still face the risk of refusal or will that be a more valid purpose to visit the UK; to study etc? I was refused entry on arrival to the UK on 14/12/12. Therefore a year from that would extend to 14/12/13, but most study course start in September and I need to enrol before that, so is it worth applying for a student visa, once I get an offer and CAS number etc? Thanks
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 X'X happy to help with your question today.

Do you have any family ties to the UK?
Customer: replied 1 year ago.


Hi there.

Thanks.

No, but I have a partner, whom I've been in a long-term relationship with and was the reason behind me staying 5 months instead of 1 month on my last visitor's visa. Prior to that I was on a Tier 4 visa.

Kind regards.

Expert:  Alex Hughes replied 1 year ago.
Did you leave the UK voluntarily at your own expense?
Customer: replied 1 year ago.


Yes, I left the UK on 27/11/12 voluntarily at my own expense. After entering the UK on a visitor's visa on 28/6/12.

After that, I panicked about my belongings, as I haven't previously made arrangements for them. I re-entered the UK on 14/12/12 in order to reclaim my belongings etc, but I was refused entry on arrival to the UK, at Heathrow T5 for not stating my true relation with my partner, i.e. I put him down as 'Other' on my last application, instead of 'Partner'. It wasn't deliberate, I was unsure that I had to include that in the 'Additional details'. Thanks

Expert:  Alex Hughes replied 1 year ago.
OK thanks.

There is an exception to the rule to refuse applications where an applicant has previously overstayed.

The relevant law is Part 9, para. 320(7B)(iii) Immigration Rules which states:

"....[the application should be refused unless the applicant] left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago..."

So applying this rule you can make an application after 14/12/13. ANY application (regardless of category) made before this date is likely to be refused.

Alex
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2234
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your reply.

I have read the relevant paragraph, 320 7B(iii).

Ok, but the timing is really awkward i.e. most courses (Uni) start in September/October, so providing I would get an offer and a CAS number, along with relevant documentation, will my application for a Student Visa (Tier 4), for a course starting in September/October of this year, be refused? A student visa imo is a more purposeful immigration category than a tourist visa. I appreciate your response.

Customer: replied 1 year ago.
Relist: Incomplete answer.
I would like a more detailed and complete answer
Expert:  Alex Hughes replied 1 year ago.
I'm not really sure what else you would like to know.

Unfortunately you overstayed without a good reason.

You then tried to re-enter the country.

And the rules say that the earliest you could re-apply is 12 months after departing the UK.

Applying under a different category is not going to make a difference.

If you wish to make an application then, of course, you should do so. But as a qualified solicitor I am duty bound to tell you that your application is likely to fail.

I'm sorry if that's not the answer you want to hear. But that is the position as far as the law is concerned.

Alex

Customer: replied 1 year ago.

Thank you for your reply.

What do the UKBA achieve by 'banning' me from re-entering for 12 months?

Thanks

Expert:  Alex Hughes replied 1 year ago.
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