Tier 2 refused now under 320 (7B) - Please Help!

[ace123]

Hi all,

I have refused my visa only on general grounds, point awarded as claimed, I am victim of judgement error, ECO states employer document is not true which is insane, I had been working since last 3 years for same employer, in Admin review I sent all relevant documents along my job contract, and reference letter from employer to prove that. But, ECM uphold the decision.

After 4 months I applied new application after new RLMT and CoS, I refused again for Entry Clearance under paragraph 320 (7B) this time, states that I have been refused earlier under 320 (7A).

Please give me your advice on it.

Thanks..

[geriatrix]

If you aren't in the UK, the question regarding legal status "now" is irrelevant.

Consult a competent solicitor / lawyer.


regards

[The Station Agent]

[quote="RFL4.2 When must I refuse under paragraph 320 (7A)?"]When you have evidence that the applicant has used deception, made a false statement or given false information (whether or not material to the application, and whether or not to the applicant's knowledge), or withheld a material fact in an application, either orally (at interview) or in writing.

The legal standard of proof is ‘to a higher balance of probabilities’, so it must be more likely than not that the falsehood has been used. It is for us to prove that an applicant has used falsehood. This means that it is not enough for us simply to doubt that the applicant is telling the truth. In order to refuse under this Rule, we need positive evidence that they have used deception or false representations, or that a document that they have submitted is false.

ECOs should also consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the Immigration Rules) (see RFL7) where the applicant has “previously contrived in a significant way to frustrate the intentions of the Immigration Rules.â€

[vinny]

Consult a competent solicitor / lawyer.

Yes. You should challenge the 320(7A) refusal. Else, you may be banned for 10 years.