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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Thank you for your accurate and precise answer and legal opinion.

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Thank you for your accurate and precise answer and legal opinion.
In case if i am applying to US or Canada immigration. there is a question on the application form " HAVE YOU EVER BEEN DEPORTED OR REMOVED FROM ANY COUNTRY?" so whether i need to answer YES or NO? Since i left the country voluntarily on my own expenses after overstay and 10 year ban imposed on airport (which is wrong as well as your post shows and the link you provided). my question is whether i need to answer this question YES or NO on application form of other countries?

Awan-Legal : Hi
Awan-Legal : Thank you for requesting me again and for your comments, happy to help.
Awan-Legal : Were you issued with a removal notice at any time from the UK?
Awan-Legal : Technically even if you were issued with a removal notice you were not forcibly removed from the UK but may have to explain elsewhere on the form that you were refused (you should also mention that this was overturned) on appeal.
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Customer: replied 5 years ago.

thank you awan for your expert opinion. your post so far have been the best help i have ever get on my immigration problem.


As i mentioned, After my Post Study work visa application was refused due to maintenence fund(it was the case when ukba considered that applicant MUST have 800 pounds available on every day of the month. UKBA was totally wrong as it was stated that 800 mainentence fund should be available on any day of the month--closing balance).


I request home office for review under PANKINA JUDGEMENT for my PSW. ukba after review instructed me to apply for a month visa to enter uk ( Reason: PSW visa application was no longer available in 2011 from abroad). So ukba said in the letter that you need to apply for 1 month visa to come to uk and after arrival in uk you need to apply for your PSW visa. I was granted one month visa.however due to my job back in my home country , i decided not to go to uk. The reason i applied for this visa is to clear my 10 year ban. now i have few question in mind in this regard.


1. As you said in a previous post that the 10 year ban is effectively over due to this 1 month visa. so if i apply to student visa of Canada or US and i didnt mention the removal (since it is overturned). will it be fine? (PS: Because if i mention it then it will have negative impact on my application)


2. Immigration officer at airport wrote IS151A served on 25/5/2009. its a 10 year ban which is overturned now. My second question is , if i decide not to include this passport with my student visa application for canada/US. will that be fine? (PS: this passport is expired now and my new passport got 1 month visa as i mentioned above)


3. My last question is, if i attached photocopy of previous passports by saying the passport is lost. so if i attached photocopies of previous passport visa then will it be fine? (PS: in case i remove the IS151A hand written words from the visa page of the previous passport)


4. there are three questions on visa application form.


(a).Been removed or deported from any country ?


(b).left any country to avoid being removed or deportedd?


(c).been excluded from or asked to leave any country?


among these questions, which one should i tick as yes?



thank you for all your help.




HiThank you very much for the kind feedback.1. It should not have a negative impact as it was overturned due to the Respondent's error of law, which effectively means it should not have been refused in the first place. It is better to disclose it and explain the circumstances as they may wonder why you were only issued a one month visa. You should also include a copy of the ukba letter about the one month visa etc. 2 and 3 - I cannot advise you to be dishonest in an application by stating you have lost the previous passport, however, if you were to enclose the copies then they may wonder why one page is missing and can also make enquiries with the UKBA in light of your answers to the questions on the form. You can explain this was overturned as above and so you should have been granted a psw visa in the first place and not have been asked to leave the uk or be given a 10 year ban.4. A -no but see belowB yes voluntary departureC - yes but explain about overturn due to ukba's original wrong decision. Kind regards
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Customer: replied 5 years ago.

Hello Awan. thank you for your expert opinion and feedback.


If i declare the removal from uk (which is overturned now) on an australian or canada student visa application form. then what will be my chances of visa being granted from these countries ? what percent of chances i would have?



PS: i will supply geniune educational documents, bank statements and all other documents having clean police record in uk.


your honest and expert opinion in this regard will be highly appreciated.


thank you


HiI cannot comment on the chances of getting a visa in australia or Canada, as the laws differ to the UK immigration rules. You may need to ask an Australian or Canadian immigration expert this specific question. However, going by my UK experience, if you were refused previously but then subsequently granted a visa because that decision was wrong in the first place, then it would be very unfair to Use that wrong decision against you as the ukba clearly made a mistake hence overturning it. You need to find out from an australian or Canadian lawyer whether you could get refused on the basis of deception for not disclosing the previous refusal etc. I am sorry I cannot give an answer to the specific australia/Canada laws in this respect as I deal with immigration law in the Uk but I hope the above helps.Take care and kind regards.
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