Paragraph 320(7A).

[Twin]

Can someone please explain the difference between Paragraph 320(7a) and paragraph 320(7B) to me, please?

Both this paragraphs mention deception. In 7A is the deception being talked about referring to a current application while the one in 7B refers to deception which took place in a previous application?

If an applicant is refused under paragraph 320(7A), do they still get the 10 years ban?

Just clarification between the two, please. Thanks.

Part 9 - General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom
Immigration rules

Refusal of entry clearance or leave to enter the United Kingdom
320. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused
(1) the fact that entry is being sought for a purpose not covered by these Rules;

(2) the fact that the person seeking entry to the United Kingdom is currently the subject of a deportation order;

(3) failure by the person seeking entry to the United Kingdom to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality;

(4) failure to satisfy the Immigration Officer, in the case of a person arriving in the United Kingdom or seeking entry through the Channel Tunnel with the intention of entering any other part of the common travel area, that he is acceptable to the immigration authorities there;

(5) failure, in the case of a visa national, to produce to the Immigration Officer a passport or other identity document endorsed with a valid and current United Kingdom entry clearance issued for the purpose for which entry is sought;

(6) where the Secretary of State has personally directed that the exclusion of a person from the United Kingdom is conducive to the public good;

(7) save in relation to a person settled in the United Kingdom or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter the United Kingdom.

(7A) where false representations have been made or false documents have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

(7B) where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

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

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

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

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.

[Siggi]

Hi Twin,
You pose a very interesting question.
As I read it (7a) would be if you had used someone to represent you and submitted false documents or false information on your behalf. This would apply to any application every by the applicant.

If an applicant is refused under paragraph 320(7A), do they still get the 10 years ban? - I would say yes the ban should apply in both cases (7a& 7b)

Hey but don't take my word for it 100% see what other say, this is just the way I read it.
Good luck

[chibage]

(7A) where false representations have been made or false documents have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.
I thought this refers to information provided on the current, present application. 7B i think relates to previous applications. I might be wrong but this is how i interpret it.
(7B) where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

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

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

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

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.

[CoolestGuyC]

First use of deception: only 370(7A) applies. After this (first deceptive) application, when ever applicant applies in next 10 years, 370(7B) applies to him. Hence these two rules are complimentary to each other.

However 370(7B) is also applicable to applicants who used deception/deported/removed from UK 10 years prior to this date(see October 1 2008 concession also).

370(7A) applies only to applications from 1st april 2008

[Twin]

First use of deception: only 370(7A) applies. After this (first deceptive) application, when ever applicant applies in next 10 years, 370(7B) applies to him. Hence these two rules are complimentary to each other.

However 370(7B) is also applicable to applicants who used deception/deported/removed from UK 10 years prior to this date(see October 1 2008 concession also).

370(7A) applies only to applications from 1st april 2008

short and precise, thank you!

[Twin]

Hi Twin,
You pose a very interesting question.
As I read it (7a) would be if you had used someone to represent you and submitted false documents or false information on your behalf. This would apply to any application every by the applicant.

If an applicant is refused under paragraph 320(7A), do they still get the 10 years ban? - I would say yes the ban should apply in both cases (7a& 7b)

Hey but don't take my word for it 100% see what other say, this is just the way I read it.
Good luck

Thanks, Siggi.