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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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i want to discuss uk immigration law and my situation according

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i want to discuss uk immigration law and my situation according to law.
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.
Customer: replied 5 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

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

Customer: replied 5 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

Please provide full details.

Customer: replied 5 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.



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
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I will answer your follow up questions you may have.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 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.



My points is that you should explain the whole episode in the covering letter because you will need to explain why you have ticked yes to 2). If you just tick yes and don't explain why this was then they will doubtless wish to know why (or reject you). Therefore, you should disclose it but on your terms.

As to the sentence you have quoted, this reads as a "catch all" piece of criteria allowing the entry clearance officers a wide discretion in determining the application as a whole.

Kind regards,

Customer: replied 5 years ago.

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



Yes, they could say that your overstay falls within this sentence becuase it's so wife.

That's why you have to explain it.

Customer: replied 5 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

An overstay elsewhere that in the UK forms a general ground of refusal for all visa application except those based upon a family relationship. Therefore, the UKBA can reject on the basis of a foreign overstay if they wish.