It was recently reported in the South African that there were cases where South Africans who applied for British citizenship ended up being threatened with deportation, due to the fact that they did not provide evidence of their English language ability.
Unfortunately, the immigration consultants at BIC hear many similar heart-breaking stories on a daily basis. From applicants omitting basic information on application forms, late submission of applications leading to permanent bans, and seemingly innocent mistakes on application forms — the resulting effects of these can end up in heart-breaking situations, with families torn apart and even persons trying to commit suicide.
The difficulties people encounter and the ones cited are all specific examples of the same general theme. Applicants do not appreciate that the UK Home Office require you not only to have something but to prove it in a very specific way, and this is where they come unstuck because they have provided evidence which does prove the fact, but not the way specified by the Home Office. Examples are proving the English language, meeting the financial requirements etc. When using third party funds for Tier 1 (Entrepreneur) the bank must state the funds are disposable in the UK, even if they are in a UK bank account and therefore already here!
The problem is compounded by the inability to rely on further evidence under the points based immigration applications. It is also important to note that under the new administrative review, the Home Office will NOT consider evidence that was not part of the initial application. And the case of Rodriguez says the UK Home Office are under no duty to request these documents outside of the evidential flexibility within the rules.
Furthermore, the new Immigration Act has the effect that the vast majority of visa applications will no longer attract the right of appeal to an independent Immigration Judge. Instead, those applicants receiving a refusal will be entitled to have UK Visas and Immigration conduct an internal administrative review of the decision only.
One would really have to ask oneself whether it is really worth facing all the possible risks, without the help of a professional in the field. It is essential that every visa application is planned and checked thoroughly by a person with the necessary expertise and experience in the field of immigration, as even a seemingly irrelevant or incorrect detail or omission on a visa application can lead to a visa being turned down, or worse. BIC strongly advise that prospective applicants take the utmost care to ensure they are making use of reputable immigration firms or consultants, in order to save themselves a lot of heartache.
Director of BIC, Breytenbachs Immigration Consultants Limited.