Visit Visa (General) after 1 year ban (320-7b)

[geek.hussain]

I am hoping if some one can give me some positive feedback towards my application for a Visit Visa (General) to attend an annual alum dinner at my University event and meet friends for a period of 10 days.

My story starts from Sep 2010, when on a friends recommendation I got in touch with a solicitor who duped me into submitting documents for Tier 1 (General) as I was stressed given my family situation back home (sister going through a divorce and being extremely sick). The solicitor before even getting the application reviewed by me got it submitted for the Tier 1 (General) and I was stuck in-spite of not liking the idea. I never saw the application of sign it with my own hands.

Months later in December 2010 I received the response with a refusal from UKBA that my application was refused that I used deception. I could not get hold of that solicitor to ask for the reason why? but when I sent in an appeal in and Home Office sent me a copy of the original applications, I found out that the solicitor had applied twice and had charged me the money for that. given I was stuck already with my documents with him. I didnt knew about it and clearly given that I learnt it was a matter of deception against 322(1A) for refusal, I return home on voluntary basis after withdrawing my appeal with the Tribunal in Jan 2011.

Now I was wondering if I could visit my friends and the university event on a General Visit Visa. I am currently working full time with salary going into bank account. I intend to return back given my parents are here in my home country (and because life is a lot less stressful with no bills to pay at parents place!)

Should I tell the whole story in a cover letter along with my application? or just mention I was refused twice (of which one I don't even know clearly why as the solicitor hid it from me telling me it was because my photos didnt match)

Please advise..esp the gurus on here. I'd be thankful for any positive feedback as I am scared of getting a solicitor involved given my experience.

Here is the history again...

(1) Oct 2006 - Entered UK for a post grad course at a prestigious University
(2) Jan 2007 - Student visa extended to complete dissertation.
(3) During my student visa time I wasn't working apart from college bar for 10 hour a month.
(4) Oct 2008 - Leave to remain granted for Tier 1 (Post Study Work)
(5) Sept 2010 - Tier 1 General Leave to Remain refused (application made without my consent by solicitor and I was told it was refused on the ground of wrong photograph - which was a lie by him I believe)
(6) Dec 2010 - Tier 1 General Leave to Remain again refused on ground of deception (fake bank statement)
(7) Jan 2010 - I with drew my appeal with the Immigration Tribunal before the hearings starting after learning that the solicitor had forged my applications and return volutarily back home in Jan 2011.

Visit visa now? Thanks!

[Lucapooka]

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

[...]

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

[...]

(ii) used Deception in an application for entry clearance more than 10 years ago;

[geriatrix]

RFL5.3 How long are applicants automatically refused for?

[Lucapooka]

It's worth noting that the ECG is vague as it's not clear if a 10 year ban applies for deception in a previous leave to remain application.

[geek.hussain]

Thank you @sushdmehta and @Lucapooka.

http://www.ukba.homeoffice.gov.uk/sitec ... wchart.pdf

This flow chart does indicate I do believe in clear terms that it the 320(7b) does not apply to application if the previous breach was over a year ago since the person left UK and also was unaware of such a false representation. The 10 year ban I do believe is when deception was a case of entry clearance applications....not LTR.

My real question got un-answered if I should explain all these circumstances as part of my application or just briefly mention I was refused.

P.S. Special thanks to sushdmehta for some of his answers reading through the forums were really well laid. I appreciate the work he does for helping guys out with their queries.

[geriatrix]

You will find it (very) hard to prove that you were unaware of the deception. Applying through a representative does not absolve the applicant from liability. The form clearly asks the applicant to sign the form - confirming the authenticity of the documents and thereby also accepting any liability.

If you signed before checking what your representative was upto, it is your fault, unfortunately.

[geek.hussain]

Thank you for the reply once again. Now here is where I sound more silly...I never signed a form.

If I know how things worked, I would have just simply made a wise decision and returned home without any ifs and buts. Either way, you are right. It is my fault perhaps.

[geriatrix]

Thank you for the reply once again. Now here is where I sound more silly...I never signed a form.

So, someone forged your signature and submitted an application on your behalf. Another deception!!

No offence but am surprised that someone who has been issued entry clearance and a leave to remain in the past was ignorant of the fact that the applicant must sign an immigration application form (even if using the service of a representative).

[geek.hussain]

Yes, you are right on your pespective.

But consider this...

(1) You are stressed about matters in life and finding it hard to cope with things.
(2) You ask a friend to help you out who in turn introduced you to a so called 'solicitor
(3) You without much in detail give him your documents and bank statemets to prepare an application after being convince that you full fill the requirements.
(4) Now you learn later that your application has been already sent and that you are required to pay this much money against processing fees etc as you feel stuck given your document were left with them.

Sometimes as human beings we get so lost that we neglect details and use flawed logic. If my intention was to stare there I would have absconded or found some other dodgy route. Instead being an educated (and hence easily duped guy perhaps!) I returned home and got myself a job and happy to have my family back.

I had been so down back then that when I applied for appeal and got a copy of my application back, I didnt read it properly till last month or so.

Either way I am stuck as things are.

[zfaysal]

I have a same situation like yours. However, after coming back to my country, I had an employment with a UK based country. It is a coincident. My employer required to apply for a Business Visa for Further Training.

I was been refused by UK embassy for using a deception in previous leave to remain and they concluded that I will be ban for 10 years without any right to appeal. After serious of email communications. UK embassy agreed that 320 (7B) should have not been applied to me as I left UK voluntarily and Ban will be imposed to me for a year since I have left UK.

They suggested for a fresh application and advised that it will be judged based on its own merit. After applying again, they refused me again stating that as I had previous deception and I have lost the credibility and subsequently refused me with limited right to appeal under Human Rights Act. It is an unfortunate event for me. I never disputed about my previous deception. I believe that was a mistake which I should admit. My personal circumstance has been changed and I have no intention to stay at UK. But my mistake is costing me a lot.

I am also looking forward if there is any solution otherwise I need to leave my employer as my career will be stopped here. If anyone can guide me that will be helpful.

[vinny]

See also effect of using deception on future applications.

[zfaysal]

Hi Vinny,


Do I have any option to proceed if Embassy strict to such decision not to issue me a visa as I have previous deception and lost my credibility?


I have provided them sufficient paper about my financial strength and also invitation from UK based head quarter for training. I have given limited right to appeal which is of no good use and fresh application will have same impact. I would appreciate your suggestions.

[adeelsyed]

hi
i am having same problem.deception 320 7(b) and then voluntary left uk at my own expenses 2012.
now thinking to apply for tier 1(entrepreneur) in august. need help

s m adeel