I have recently been refused visa entry clearance into the UK after applying for a 6 months visa based on failure to include criminality or state reasons for different alias used in UK previously.

Also I have stayed 112 days significantly more than a month stated in the duration of stay on my first successful application but I returned back before my six-month visa expired and have not stated reasons why I stayed that long or how I met my financial requirement while in the UK.

Finally I failed to include supporting documents of financial, assets or savings of family member with whom I reside in my country.

Based on all of these decisions I wish to reapply as soon as possible having written a letter I wish to include addressing all the decision as well as the financial statements which I failed to provide?

I am now wondering is there a likely chance I would be successful on the new application if sent or should I not apply soon due to fear of ban?

  • 3
    Your second sentence makes no sense. "stayed 112 days significantly more than a month stated" vs "but returned back before my visa expired" vs "have not stated reasons why I overstayed" seem to contradict one another. Did you overstay or not or are you saying you are falsely accused of overstaying? It's also not clear whether you were denied entry upon arrival or denied a visa. – hippietrail Nov 27 '14 at 9:05
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    @hippietrail thanks, what I mean was I was issued a 6months visa before and on the application stated that I would be staying for one month ...during travel I stayed for 112days significantly longer than (one month) but still valid under my 6months visa period I did not know it would become an issue on my next application which was rejected. I have been refused a visa I mean. And would like to reapply (its been two weeks now) – anthony Nov 27 '14 at 9:35
  • What's your nationality? Also, which visa category did you enter on initially, and which category did you apply and were refused? – user22809 Nov 27 '14 at 11:52
  • @pnuts If I'm reading that correctly, the 112-days-for-6-months was not a stated reason, only the OP's own conjecture. Since the UK does not have exit immigration, it seems highly unlikely that Immigration noticed this, much less cared. – lambshaanxy Nov 27 '14 at 12:06
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    @pnuts, they HAVE been refusing on the basis that an individual stayed longer than their application. This is despite the fact that the entry clearance is issued for 6 months. – Gayot Fow Nov 27 '14 at 13:18

Based upon what you have written (including comments)

  • You are a visa national from Nigeria who applied for entry clearance as a visitor

  • You did not include supporting documents to show your financial

  • You did not explain why you previously stayed in the UK significantly beyond the intention you stated in a previous application

  • You used an alias whilst previously in the UK and provided no

  • You did not disclose a criminal history

And two weeks after this refusal you want to make a fresh application that includes an invitation and a letter of explanation that you have prepared. And your question is if you are likely to be successful.

No. Decidedly not. You won't be back for quite some time. If ever...

The last two items in my list indicate that your next application may attract a ban under Paragraph 320 of the rules, which says in part...

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not); and

there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the redocumentation process.

(bold face mine)

Source: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/370958/20141106_immigration_rules_part_9_final.pdf

There is no discretion where Paragraph 320 is concerned. It is a mandatory ground for refusal.

Finally, you're wasting time trying to use the internet to resolve a stream of judgement failures that have brought unimaginable complexity to your case. There's only about a dozen solicitors in the UK who can successfully navigate Paragraph 320, and none of them appear as random people on the net. Use the Law Society to instruct a qualified solicitor to help you... http://solicitors.lawsociety.org.uk/

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