refused under 320 7a urgent please

[afather]

hi
been refused under 320 7a does that means that if i apply for a visa again ill be rejected under 320 7b and banned for ten years because i did not mention my driving offences can any one please help me ive my little daughter in uk who is 5 years now and she needs me n i need her can they bann me for 10 years for an honest mistake i never tried to hide that on purpose please help me if u can and on the rejection notice theres nothing written anything like being banned or anything so dont know what to think please help me please

[dublin3]

Yeh if you will apply again then you will be refused under 320 7(b) and you will be banned for 10 years.
You can appeal against the decision and try to prove them you didn't do that intentionally and decision may be overturned.
Good luck

[MPH80]

Has the appeal you sent off in Feb been refused?

[afather]

appeal has been send now just need some more advice incase i need to send some more documenst so please any one with ideas

[afather]

and there not much to send in that appeal i mean what can i say to justify my driving offence i have just apologized to them so please anything else u guys can think of let me know please

[Obie]

Afather, i think the refusal will stick and a ban will be imposed for a period of Ten years unless you can show the following.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

(ii) a fiancé(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD;

In your case, i think the highlighted area will be in play, but due to the fact you are missing the highlighted area below, it would be difficult to convince them you are exercising your right to access a UK citizen/ Legally resident child, unless you can show court documents which shows the process is ongoing to obtain right of access.

LEAVE TO ENTER AS A PERSON EXERCISING RIGHTS OF ACCESS
The requirements to be met by a person seeking leave to enter in order to exercise access rights are set out in Paragraph 246-8F as amended in Cm4851 Statement of changes in Immigration Rules and must be referred to when reading the following advice.
2.1.
Key points
􀂋 the applicant is the parent of a child who is resident in the United Kingdom; and
􀂋 the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
􀂋 the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; and (**But you must see note below)
􀂋 the applicant intends to take an active role in the child's upbringing; and
􀂋 the child is under the age of 18; and
􀂋 there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
􀂋 the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
3
IDI Jan 08 CH7 SECT1 – PERSONS EXERCISING RIGHTS OF ACCESS
􀂋 the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
** We have received legal advice that the requirement at Paragraph 246(iii)(b) of the Rules is now impossible to fulfil. Until such time as it is possible to amend the Rule, caseworkers and Entry Clearance Officers may accept in place of this option, a sworn affidavit from the non-applicant parent, (i.e. the U.K. resident parent or carer of the child), confirming that the applicant parent can have access to the child, and describing in detail the arrangements made to allow for this. If contact is supervised, then the statement must be sworn by the supervisor.
Please note that this is not the same option as exists at Para 248A(iii)(c) of the Rules for in-country cases. In the case of Para 246 cases, (i.e. those made at Posts abroad), this statement must be sworn before and attested by a legal officer.

On your appeal, you can state that you think your matter should be looked at compassionately or on the grounds of the exemption provided for in 320(7C), on the grounds that you are obtaining the Entry Clearance inorder to proceed with legal action, which will enable access to a child Lawfully resident in the UK, and hence the consequence of a breach in 7A should be exempted on grounds of 7C. [/b]

I wish you all the best and hope you succeed in your appeal

[afather]

hii thanks for ur help it is very very helpfull
but i did had my court proceedings ongoing but case was dismissed becaz i never got the decision on time and the judge dismissed the case just becaz i was not there but ive got all the paperwork to prove it that there was a case for the contact order proceedings and i send that off with my visa application and now with the appeal ive send that aswell in ur opinion shall i start new court proceedings or will that be enough that my intentions are genuine for the visit in uk
and again many thanks for ur help it really means allot

[immigrationuk2009]

Hi

hii thanks for ur help it is very very helpfull
but i did had my court proceedings ongoing but case was dismissed becaz i never got the decision on time and the judge dismissed the case just becaz i was not there but ive got all the paperwork to prove it that there was a case for the contact order proceedings and i send that off with my visa application and now with the appeal ive send that aswell in ur opinion shall i start new court proceedings or will that be enough that my intentions are genuine for the visit in uk
and again many thanks for ur help it really means allot

Your case is very complicated.But I believe you should go for appeal to win.
Remember for deception refusal burden of proofs is on ECO not on you.So you should provide as much evidence as you can to remove at least 320(A) clause.One this is removed you have no problem applying for visa.So focus on 320(A) and try to win at least this ground.Even you lost appeal you have chance to apply again.

As you have already made new application so no point discussing one more application at this time.

Anyway If you read last post he has given a best advice.

UK_Banned_Member

[Obie]

It is worth sending the paperwork and stating your intentions was to return to the UK to start initiate application for Contact Order for your daughter.

It might have made you case stronger if you had hired a UK lawyer to represent you in court for the Contact Order application, or put in another application prior to you visa application.

If you can submit any information, stating that the child in question is truely yours and your intention for coming to the UK is to facilitate contact, and that depriving you of the right to go to the UK for that purpose, will be in violation of this ruling

I think that will be your best chance, or else they will ban you from applying for 10 years on grounds of 320(7B)

You can also add any mitigating circumstance that led to you withholding material facts that could have swayed your application either way.

Remember it is important that the ECO can prove that the information you withheld could have swayed their decision in a negative direction as stated in this mentioned appeal

[afather]

thanks obie and immigration2009
i am very great full to u both
many thanks to u immigration 2009 i will try my best to defend myself for that mistake of mine for not telling them about driving offences
to obie
i did start new contact order proceedings just b4 my visa application.and send all that with my application as immigration2009 suggested to me some time ago but many thanks to both of u and i will keep u updated if any thing comes up
thanks

[meghat]

Hi,

I made the same mistake, what happened to your appeal?

[sabrinakhan]

same situation like u rejected under driving offences i applied for a visit visa now have appealed now lets see what happens

[brightgal]

As there is a child involved I suggest you seek urgent legal advice. Ask around for a good immigration lawyer.

[augforthboy]

i previously studied in uk, and left when my visa expired, but i had a fiance and a baby with her,
but since i didnt finish my studies i decided to apply to get back into the uk and to be with my fiance and my baby,
but got refused twice, for what i can call flimsy reasons, in the process of my application of different schools,
i got swindled 5000pounds and i was desperate to make it to my babys first bithday,
so i threw cautions into the wind and used a fake maintainance account,
in a nutshell, i got handed a refusal 320(7a), i do not dabble into things like this,
if i was that kind of person i wouldnt leave the country in the first place,
am really sorry for my actions but i am considering apply for access to my child or a fiance visa as we would
like to be wedded so i can be with my family,please am desperate

[quantum1]

i previously studied in uk, and left when my visa expired, but i had a fiance and a baby with her,
but since i didnt finish my studies i decided to apply to get back into the uk and to be with my fiance and my baby,
but got refused twice, for what i can call flimsy reasons, in the process of my application of different schools,
i got swindled 5000pounds and i was desperate to make it to my babys first bithday,
so i threw cautions into the wind and used a fake maintainance account,
in a nutshell, i got handed a refusal 320(7a), i do not dabble into things like this,
if i was that kind of person i wouldnt leave the country in the first place,
am really sorry for my actions but i am considering apply for access to my child or a fiance visa as we would
like to be wedded so i can be with my family,please am desperate

I don't think the ban applies, if you are applying under a family category.

[Obie]

Please see RFL05 - Immigration offender - paragraph 320(7B) and 320(7C) also see the [url=ihttp://www.ukba.homeoffice.gov.uk/policyandlaw ... les/part9/]mmigration rules[/url]

The heading under 320 States:

"Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM"

Please note that 320(11) could be used, however that is not a mandatory refusal,it is a discretionary refusal, which makes it much easier to fight.