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2018-07-30 11:56:34

The impact of immigration history on obtaining British visas of various types

The impact of immigration history on obtaining British visas of various types

The Immigration Rules provide clear guidelines for denying a visa, when and in which cases a waiver is observed. These rules are obligatory for execution (mandatory grounds for refusal): if the visa officer sees at least one basis for refusing a visa, he is completely subject to the charter and can not act on his own and make a decision on his own. Depending on the reasons for the refusal, the applicant will be banned from entering the UK for several years.

Note that this rule (the ban on obtaining a new visa) does not apply to certain categories of applicants:

  • Spouses, partners (including same-sex marriages), bride and groom, parents and other family members of British nationals or permanent residents;
  • Minors (at the time of the violation of the regime, the person was not 18 full years old)
  • Citizens who were less than 28 were in the UK with an expired visa and left the country voluntarily, independently and at their own expense.

The period of the ban on obtaining a new visa, as already mentioned, may vary and depends on the severity of the violation committed:

  • Ban for a period of 1 year (illegal entry into the country, staying in the UK for an expired visa for more than 28 days, violation of the conditions of stay in the country). Please note that in all the above cases the offender had to leave the country voluntarily and at his own expense, so that the ban period was minimal.
  • The ban for 2 years (illegal stay in the UK, any number of days, illegal entry, violation of the rules of stay in the country): this rule applies to violators who voluntarily and at public expense left the country after an appropriate order within six months (6 months ).
  • Ban for a period of 5 years (illegal stay in the UK any number of days, illegal entry, violation of the rules of stay in the country). These visa restrictions are provided for those people who after the violation left the country voluntarily, but at the expense of the state.
  • The ban for a period of 10 years (the provision of knowingly false documents and information at the time of applying for a British visa, violation of conditions of stay in the country, which entailed the deportation of the offender).

In the event that the violator was with an expired visa in the UK for less than 28 days, the ban on him does not apply, as indicated above. But consider that the subsequent application will be considered with much greater mistrust, the visa officer will be able to refuse extradition, relying on his own decision.

The above violations entail an unambiguous prohibition on the receipt of the next visa for a certain period - there are also minor violations, in which the visa officer does not unequivocally deny extradition, but can make a decision on his own and not in favor of Applicant. Such violations include:

  • Fictitious marriage
  • Illegal study and placement
  • Free medical services by public organizations not provided for by a visa
  • Illegal benefits
  • Use of forged identity documents.

Permission for continued stay in the UK

Even if there is an unfavorable immigration history, the applicant can not be denied unequivocally - this may be the reason for the refusal, if such is the decision of the employees of the Frontier Agency. For example, a refusal is guaranteed in the event that the applicant provided false documents, information, concealed important information regarding the application or visa.

The grounds for the refusal, sufficient for the employees of the Border Agency, may be:

  • Provision of false information, information, documents on obtaining visas up to this point
  • Non-compliance with the rules of stay in the country - for example, applying to state funds
  • In the event that the applicant was a sponsor (providing material support, housing, etc.) - failure to fulfill its obligations
  • Lack of evidence that the applicant is planning to leave the country after the visa expires (spouses, extended visas, and permanent residence candidates are excluded from this category).

This list of reasons for refusal is certainly not complete and final: keep in mind that even small adverse events in your immigration history can be grounds for future refusal.

At the same time, there are special instructions that apply in the case of unintentional errors - for example, with an occasional error when completing the questionnaire. Let's give an example:

The applicant for the question "Did you have visa refusals?" Answered "No", but the case was refused and there is a corresponding passport stamp about it. Since the application form and passport are submitted together in the application, it is senseless to consider this mistake as an attempt to provide deliberately false data. The visa officer will consider this answer an accidental and unintentional mistake.

We offer services and assistance in visa processing:

  • Studying client's history, an objective assessment of the chances of a positive result and the issuance of a visa
  • Detailed advice and assistance with documents
  • Preparation and submission of applications on behalf of the client in order to minimize the possibility of failure
  • In case of refusal, preparation and filing of an appeal.
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Egor Eremeev
Current material has been prepared by Egor Eremeev
Education: Westminster University (Business & Management), London.
Egor studied and lived in the UK for 8 years and graduated from the university of Westminster. He is currently the co-founder and the director of business development at Smapse Education and personally visits foreign schools and universities, interviews students studying in those institutions.
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