HI, please could someone clarify this point. I am an overstayer who is married and used deception 3years ago in an application. I therefore think i am one of those who contrived to frustrate the immigration rules. Questions is which ban will i face?? 10years or 1year? I am failing to understand which one is for me. I am still in the uk and want to leave soon. The bold below refers to me. 26.17.2 What immigration rule covers people who have previously breached the UK's immigration laws? From 1 April 2008, under Paragraph 320(7B) of the immigration rules an applicant must have their entry clearance application refused if they used Deception (Please read paragraph 16.2 above) in an entry clearance application within the previous ten years.
In addition, an applicant must have their application automatically refused if they:
sought leave to enter or remain by deception,
were an illegal entrant
overstayed for more than 28 days (or any period if they left at public expense- including through an Assisted Voluntary Return or similar programme)
breached their conditions of stay (e.g. worked illegally).
Where the above conditions are met, applications must be refused for the following periods from the date the applicant left the UK:
1 year if they left the UK voluntarily, and not at public expense,
5 years if they left the UK voluntarily, at public expense (e.g. received an Assisted Voluntary Return),
10 years if they were removed or deported from the UK. OR will face the ban below .please help. 26.17.8 Refusals under 320(7B) where false documents or false representations were used in a previous application
If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false. Unless the applicant can prove this, they must be automatically refused under paragraph 320(7B) for 10 years from the date deception was used. Where the documents relate directly to the applicant (e.g employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (eg written confirmation from a financial institution that they had previously supplied us with incorrect information).
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