student visa's and denied entry

[basketballfan]

My husband lived and studied in the UK for four years. He failed a course at one point and after retaking that one course he returned to Zambia and reapplied for a student VISA to complete his last year of studies. Anyways, that Visa was rejected and he then took his three year degree since he couldn't return for his four year degree. I completely forgot about this rejection and I don't remember whether my husband remembered to mention this in our application. There was no reason for the rejection other than the government had just changed in the UK and they were limiting the number of people allowed to go there. His UK police record is completely spotless and he never overstayed - if he had decided to extend his Visa by six month and overstayed by three months then he would have got his four year degree but he was adamant that he wanted to comply with the rules.

He may have also been rejected for a UK student VISA before he got his first VISA - his mother is a UK citizen but somehow none of her children, even the dependents, were accepted to go to the UK except for him after the second application. Should I send a letter to the VO explaining all of this or will they be able to figure it out on their own? When it asks about whether you had been denied entry I was just thinking about PR application not student applications. This process is so complicated - keep second guessing things.

 

[Obronibini]

Write to them to explain , if they find out they may assume you deliberately lied . I suggest you explain to them because you have nothing to loose doing that .

 

[basketballfan]

OK - super frustrating that it only dawned on me when reading someone else's post. I don't have a copy of the file but my lawyer does so first I may need to double check that indeed he did not declare his student Visa rejection. Now that I think about it I do remember mentioning in my letter of our history about it, which I do have. But I do not remember him indicating an issue with being denied entry. I did mention in my letter about our TRV rejection and his school situation, so I hope that counts.

These exerpts from my letter: "To make matters worse, xxxxx had failed a course and had to redo the course before he could continue with his studies – this ultimately impacted his immigration status as he was no longer studying full-time. If he were to extend his Visa it would be short on time by one month instead xxxxxx had to return to Zambia after completing the half course and reapply for a Visa to complete his fourth and final year."

"We decided not to apply for xxxxx to visit for the birth because of our previous TRV rejection [to Canada] – I did not want to get my hopes up. In the interim, xxxxxx's immigration application to complete his studies in the UK was rejected so he accepted his three-year bachelors degree without honors and he started to look for work in Zambia so that we could plan to be together."

If I wrote all this in my letter (Thank God ) than perhaps even if he didn't mention the UK rejections in his forms that will be ok?

 

[scylla]

You need to make sure "yes" is checked in the form for rejections / refusals and the details are provided there. The letter isn't enough.

 

[basketballfan]

FML, well hopefully the letter helps at least indicating that from the outset we were not trying to hide anything/misrepresent and we simply filled the paperwork out wrong. I will send them an email even though I'm not sure whether he indicated 'yes' to those two question on the background declaration form relating to rejections but we will go from there.

Thanks for advice

 

[canadianwoman]

You need to make sure "yes" is checked in the form for rejections / refusals and the details are provided there. The letter isn't enough.

Scylla is right. It is good that you mentioned the rejection in the application, because this shows you were not deliberately trying to hide anything. But it is not enough. Definitely redo that form, checking 'yes' for the refusals, explain them, include proof and an explanation of why you forgot to before, and send it to the visa office processing his file to be added to his application. If they just figure it out on their own, that will be a disaster for you.

 

[scylla]

Agreed with canadianwoman.

It's great this information is in the letter - but the form is the legal document which you signed and swore was true. So it's extremely important the right information is in the form.

I agree that if there was an error made, you need to catch it before CIC does. Otherwise you could be flirting with a misrepresentation ban. And no - it doesn't matter who technically made the error (you or your lawyer) - CIC will hold you responsible.