320(11) or 320(7B) ??

[Shenel]

Hi to All,
i would like to know if i applied for visa at outside of UK which immigration rule would effect to me???
my situation is;

-i went to UK with student visa in 2006,
-i extended my student visa in 2008,
-i applied for visa to extend again in 2009,
it was refused bcz of working breach.( i worked six weeks totaly and two of those i worked more than 20 hrs(20.8 and 22.7).
-some of reason i overstayed 6 months
-i left UK and came back to my home country in my own expense in 2009
-HO staff gave me IS151A at the gate of Manchester airprt.


now i want to apply again for student visa do they refuse my application under the rule 320-7b or 320 -11.
i ve read the forum and did some search ,they should not refused aplication the rule 320(7a) because i left uk on my own expense but im not sure about 320(11)!i dont understand what exactly mean rule 320 (11)?

best regards

Have a good day to all!!!


PS:other conditions necessary for the proper visa about me is suitable...(i ve got visa from USA for 10 years ,EU for 1 yr, i got visas which expired Canadia,Russia, Australia on my passport)

[vinny]

320(7B)'s ban period may have expired. However, 320(11) may be applicable.

[Shenel]

320(7B)'s ban period may have expired. However, 320(11) may be applicable.

Thanks for ur reply....

Ive read the determinations and rules which u sent, Vinny ....
320(7b) says;

(7B) subject to paragraph 320(7C), 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);



So I breached two conditions of 7B,(Overstaying,breaching a condition attached to his leave)
when they make decision they should consider 320(11),but 320(11) says;

This is a discretionary refusal where an applicant has:

-been an immigration offender or in breach of UK immigration or other law; and / or
-received services or support to which they were not entitled;

and where there are aggravating circumstances.

It is not sufficient to have been in breach of immigration law or to be an immigration offender. There must be aggravating circumstancesas well.
my work breach should not be considered in aggravating circumstances because in detention it says;

8. Further at paragraph 9 of his determination the Immigration Judge found “in some weeks of the term time the Appellant had worked hugely in the excess of twenty hours per weekâ€

[newmoon]

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320(7B)'s ban period may have expired. However, 320(11) may be applicable.


Vinny,

If applicant overstayed for less than 28 days then can they use 320 7B for future application.

Thanks

[vinny]

If applicant overstayed for less than 28 days then can they use 320 7B for future application.

No.

[kkj]

As you overstayed for six months they will put "Absconding" on your fresh application under 320(11). It is happened with my friend.

"Absconding" is in on top of the list of aggravating circumstances.

@Vinny, if somebody did not "Overstayed" and left within 28 days of decision with one-year deception ban. Now after one year, still 320(11) can be applied on fresh Tier 4 application?

[Shenel]

As you overstayed for six months they will put "Absconding" on your fresh application under 320(11). It is happened with my friend.

If overstaying is an absconding,so that means no one,is overstayer, can get visa in their future aplication? so if u r an overstayer that means you ll be ban forever!
idont get it if u r right why do they put these automatic ban periods?

[kkj]

Then you can say that why there is section 320(11) in UK immigration law, whethere section 320(7a) and (7b) are already exist for immigration offendenrs?? But its out of control of mine and yours!

The ban period is immediate punishment of whatever you have done but now you are a perminent suspect for UKBA that you can violate the law again and they dont want to give you the opportunity. Thats why the rejection rate is 99% in this type of cases.

320(11) is not a ban by law but it is like un-official ban. Now its totally upto the ECO/ECM discretion how they will assess your past and calculate future probablities of right and wrong, under which they decides to give entry clerance or not.

Normal overstaying cannot be counted as 'absconding' but overstaying after refused LTR decision with breaching of laws can be counted under 'absconding' as failure to follow reporting instructions.

[sunnny123]

Hi Shenel,
i would like to know have u applied foe ur visa after the ban finshed and what was the outcome of tht? As i also got the ban. Have u applied after the ban or not if yes wht was the outcome have they granted u visa or not as i am also planning to apply so plz plz lemme knw asap

Many Thanx

[2012]

Hi Shenel,
i would like to know have u applied foe ur visa after the ban finshed and what was the outcome of tht? As i also got the ban. Have u applied after the ban or not if yes wht was the outcome have they granted u visa or not as i am also planning to apply so plz plz lemme knw asap

Many Thanx

1. What are the reasons for u ban?

[sunnny123]

Hi 2012

As I mention earlier I was also a victim of Cambridge College of Learning, which got blacklisted by home office, I got a ban of 1 year under section 320 & 322.