Need an urgent information - 2

[saggis]

Hello Experts,
I am writing this hoping to get some advice on my below situation. I have returned from UK last year after 5.5 years of my stay there. I have done my Masters and have good IT experience in UK and my last job was in NHS joined as a Database developer and was well paid which indeed meets the requirements of Tier-1 general visa category. I have properly planned to switch to Tier-1 general thinking of my current salary that meets the visa category. It was so unfortunate that UKBA have suddenly changed the rules (Dec 2010) and have released a note saying that they were closing the Tier-1 category on 6 April 2011. I was so disheartened and dejected that I was short of few months’ salary to meet the points, then I have contacted few friends and approached a solicitor to help in this regards which later felt was an absolute hasty decision so shame.

As I was in a panic situation without thinking if I can trust this person or not I have paid him and started the process. So I have requested the solicitor to send my documents on my behalf. Unfortunately some of the documents he has submitted were proved false and they have rejected my application on false conduct. By the time I have got my rejection my previous stay was finished. However, the border agency have taken 1 year to process my application and sent me a letter saying I hold the same visa category PSW until any further decision made on my current application.

Due to this rejection I was not allowed to stay any longer than 7 days to leave the country (as i do not have any in country appeal). But, they did not return my passport until i was taken to the airport. They took me to a removal center as it was a bad conduct. Just because of trusting that solicitor I had to face this miserable situation. However, though it was my mistake or destiny of losing such a reputed Job in London, I quickly asked the immigration personnel to send me quickly as possible to my home country as I couldn't stay any longer and have opted for Voluntary departure.

I have read the policy guidelines saying if it is a voluntary departure in this case the entry ban is 1Year. I have come back to India on 13 Sept 2012 which completes 1 year by now.

[b]My query is:[/b] after coming back I have cracked a job here in the same role and my current employer have few corporate branches in USA and UK. They were planning to send me to work on client side as I already have some good experience, some time in near future. I have not mentioned any of these details to them. I was wondering if Just in case if they plan for any tier-2 or work permit or B1 what are the probabilities of me getting rejected or will I be ever travelling or moving to different countries to work due to this bad conduct which was purely unintentional.

I wanted to know how long they are going to keep my records in their database. As in my rejection letter my case worker have mentioned saying any further applications as dependent or civil partnership ...etc. or spouse visa the application will be considered. I was just wondering to know if that is the only way or any work permits are allowed as well.

I was little confused in this regards. Any help or advice is greatly appreciated. Apologies for this lengthy email, I was just trying to be more clear and genuine.
Please do the needful accordingly.

Many thanks,
Saggis.

[Wanderer]

RFL5.8 320(7B) and the use of false representations, information and documents

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 (unless paragraph A320 applies). Where the documents relate directly to the applicant (for example, 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 (for example, written confirmation from a financial institution that they had previously supplied us with incorrect information).

[saggis]

Hello sir,
Firstly I would like to thank you so very much for you prompt reply. I did read those clauses. I could not get a chance to get any such statements as I did not had enough time to collect any kind of documents and the solicitor was caught and he accepted his guilty about those false documents and has been sentenced, as I was taken to the removal center i just could not think much and opted for a voluntary return. However, i am little confused coz when I was in the airport i spoke to an immigration officer who told that my ban is for only for one year as I opted for a voluntary returns as I have purchased my own tickets. There is no stamp on my passport except a reference number on the last page of my passport. So just wondering how it would affect my future applications.

Please advice...

Appreciate you time and patience.

Many thannks...