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Rise to the Challenge Overturning a UK Entry Ban
November 29, 2011
Call us strange but we actually enjoy receiving ‘difficult’ cases at Newland Chase! It allows our lawyers to delve into the intricacies of immigration law, testing and enhancing their knowledge and skills. But most importantly, we are able to provide help and support to people who feel defeated by the mass of Immigration rules and requirements. In our experience, very rarely is any case completely hopeless and we’d like to share two recent cases with you, to highlight that you may yet be able to attain the visa or settlement permission that you are seeking.
The first case was of a student who had overstayed when her Tier 4 Student visa extension was refused. The Tier 4 application had been rejected on 3 occasions for various reasons. UKBA then wrote to the student notifying her of her refusal but she never received this letter and only found out about her refusal 3 months later. During this time she had therefore unwittingly overstayed! She returned home overseas to make a fresh application but this was also refused and she was also given an ‘entry ban’ from the UK for 12 months. She had no right of appeal and was distraught when she approached Newland Chase for assistance.
Full legal arguments were presented to the British Embassy challenging the basis of the classification of the student as an ‘overstayer’. A successful Tier 4 visa application was lodged on her behalf and her entry ban was overturned. Within 2 weeks of the fresh application the entry ban was lifted and the student was back in the UK. If you feel as though you’re in a similar position, or you’ve been told you have no chance at overturning a refusal, contact us and we’ll do our best to help you.
The second challenging case concerned an Indefinite Leave to Remain (ILR) applicant. Unfortunately, the Applicant had lost his passport containing 4 years’ worth of UK Visa stamps, did not meet all the points requirements to qualify for settlement under Tier 1 General and he had also been on one business trip away from the UK in excess of the permitted 90 days allowed. Previous firms he approached had insisted he was not eligible for ILR and he was near to giving up when he came to us. Complex legal arguments were presented to UKBA on the applicant’s behalf to persuade UKBA that he should still be deemed as meeting the relevant criteria, despite the absences and lost passports. Thankfully, the application was approved and the applicant was thrilled!
These case examples prove that even if your case is extremely complicated, or you have been told there is no chance of it succeeding, often your prospects are not as bleak as they may seem! Get in touch if you’d like us to look at your case!
