Refused under 320(7a) .followed by 320(7b)..please help

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Refused under 320(7a) .followed by 320(7b)..please help

Postby ajay2404 » Wed Mar 23, 2011 11:19 am

My application for dependent visa got rejected under 320(7a) and also mentiones any further application will be refused under 320(7b) for next 10 years..
My spouse is a PR holder and she is working there,i applied and got refused. Honestly i dont know that i over stayed more than 28 days ,as i dont know that my visa got rejected .i extended my student visa with help of a lawyer and got my student visa for 1yr and i came to my home country india to get married to my spouse here and she left aftr marrige to uk and when i applied for dependent visa it got rejected. my lawyer never intimated me about the rejection of my visa.i thaught iam having opne year full visa as student and tryed to change it to dependent .so in my application i mentioned that i was never deproted or sent back from uk previously .
How can i appeal nuw ..the only mistake i did was took a colege visa with help of this lawyer and nuw iam suffering .but i really dont know that my visa got rejected and unknowingly i came to india for my marrige.
some one please help me in some information how to appeal...

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Postby pennylessinindia » Wed Mar 23, 2011 1:31 pm

To get more help you may need to be clear if you are applying for a dependant visa or to settle in the UK as a the spouse of someone settled
this will make any advice easier for people to give.
Did you have a false college document in the UK?
You need to be less vague and say exactly what happened
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Postby iceman010899 » Wed Mar 23, 2011 8:53 pm

Hi,

You didnt get your passport ? Would the passport not show your visa and start/expiry dates ? Obviously you would know when your student visa starts and expires right ?

Its a bit confusing. I undertand you are now frustrated.

You can apply for a "Subject Access request" from the homeoffice which will detail all your visas. This will show if you overstayed.

You can appeal in court with this evidence. If your student visa was issued late, it is home office's fault and you then have a case.
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Postby ajay2404 » Thu Mar 24, 2011 1:28 am

hai thanx for ur response .
Actually i got my student visa till end of december 2011.this is what mentioned in the Residence permit card whch they gave me.
But when i applyd for the dependendent settelement visa they mentioned that the visa which they gave me in past expired in august 2010 due to using false deception in applying it . iam unaware of this and came to india in october 2010 to get married .so nuw they are saying that i over stayed .
1.)i didnt attent the college ,because of my health condition.
2).i changed my adress to my g.f adress ,who is my wife nuw ,so i dont know whether immigration had sent me any letters regarding my visa rejection.
3).My lawyer through whom i applyd student visa did not intimate me about this visa rejection because of false deception .
I thaught i had student visa till december 2011 and came to india in october and got married and applyd for dependent settlement visa nuw.Iam totally unaware that my student visa was rejected untill they Refused me Under 320(7a)..
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Postby sushdmehta » Thu Mar 24, 2011 3:34 am

If you apply for entry clearance as spouse of a settled person / British citizen, then section 320(7B) does not apply (by virtue of 320(7C)).

But, given your circumstances, I suspect that you may have also been refused under 320(11).
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Postby sushdmehta » Tue Mar 29, 2011 1:49 pm

Your spouse had created another topic to seek answers on the matter, but deleted the posts when difficult questions were put forth.

Having read through the posts before they were deleted (and having responded to them), it is clear that you / your lawyer used deception in a previous immigration application (Tier 4 extension).

Click on the link provided and read through the posts (given that you know your case, deleted posts should not affect in understanding the context of responses).

For further assistance, continue here (and hopefully, you'll not delete your posts when you are done).
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Postby ajay2404 » Tue Mar 29, 2011 2:08 pm

f rejected under 320(7a) ,is it beter to make a appeal or go and try for new application?...
which is the best option?
My Dependent visa is rejected under 320 7a , stating that future application will be rejected under 3207b untill 2021 .
so is it a gud option to apply for new application giving reasons for the points of deception and over staying?
or simply appealing under human rights?
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Postby sushdmehta » Tue Mar 29, 2011 2:17 pm

As mentioned above, 320(7B) does not apply to you, by virtue of 320(7C) ... but given the case history, you may be refused (again?) under 320(11).

Not sure if there are any grounds for considering the case under "human rights" when your wife and you can live together in India.
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Postby Greenie » Tue Mar 29, 2011 2:21 pm

if you make a further application whilst they may accept that they can't refuse you under 320 7A/7B (because this is not permitted in applications to join settled spouses by virtue of 320 7C), they are most likely to refuse you under 320 (11) (contriving in a significant way to frustrate the intentions of the immigration rules).

It may be better to appeal although as advised in your wife's topic even this may be difficult.
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Postby ajay2404 » Wed Mar 30, 2011 10:38 am

Is there no chance that we can apply new application stating the reasons clearly what hapend in first application,would it be a gud idea or simpl going for appeal is betr?
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Postby Greenie » Wed Mar 30, 2011 10:56 am

it's your choice. You can do both if you want.
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Postby ajay2404 » Wed Mar 30, 2011 11:01 am

2 at a time is it possible ..?
can any one suggest a gud lawyer in london who is gud in these ..thank u
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Postby ajay2404 » Mon Apr 04, 2011 2:06 pm

Can I request Immigration officer to send my file.? which is canceled previously ? will they send it to me .?
Because i dont have any idea on which base they had canceled my previous visa..i.e student visa.they mentioned its on false deception,so can i request them to send the file regarding it.?
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Postby vinny » Wed Jun 29, 2011 8:59 am

ajay2404 wrote:Can I request Immigration officer to send my file.? which is canceled previously ? will they send it to me .?
Because i dont have any idea on which base they had canceled my previous visa..i.e student visa.they mentioned its on false deception,so can i request them to send the file regarding it.?

Yes.
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Postby vinny » Sat Nov 05, 2011 7:25 pm

ajay2404 wrote:Hai

My visa was refused under 320 7a and was told not to apply for next 10years..

i approached Tribunal and my hearing date was finished , but the judge said she will inform the result by letter in 2 weeks time, but as for my knowledge the judge didn't sounds positive and we are having dout for 50-50 chances.My wife got her naturalisation and was now british citizen , is there any chance that tribunal would reject my application again? I don't have any criminal offence and the only things judge pointing was i didn't inform college and came to india due to my health condition .

What happens if Tribunal refuses the application and what should i do next, should i Challenge the tribunal again or apply fresh application ..?

Sugestions please and Thanks in advance...
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help needed

Postby ajay2404 » Sun Nov 06, 2011 7:38 am

Hai

My visa was refused under 320 7a and was told not to apply for next 10years..

i approached Tribunal and my hearing date was finished , but the judge said she will inform the result by letter in 2 weeks time, but as for my knowledge the judge didn't sounds positive and we are having dout for 50-50 chances.My wife got her naturalisation and was now british citizen , is there any chance that tribunal would reject my application again? I don't have any criminal offence and the only things judge pointing was i didn't inform college and came to india due to my health condition .

What happens if Tribunal refuses the application and what should i do next, should i Challenge the tribunal again or apply fresh application ..?

Sugestions please and Thanks in advance...
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Postby Casa » Sun Nov 06, 2011 9:33 am

This is likely to be your problem (referring to deleted posts made previously by your wife and commented on by Sushdmehta) and which appear to be far more serious than 'not notifying your college about returning to India for health reasons:

it is clear that you / your lawyer used deception in a previous immigration application (Tier 4 extension).
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Postby ajay2404 » Sun Nov 06, 2011 10:26 am

No my lawyer did not use any deception for my extension, but my (tier 4) extension got canceled due to my absent to the college and the absent was due of my health condition, i also submited related NHS letters of my treatment to the tribunal. More over i did not receive any letter from Home office regarding my tier 4 visa cancelation , and hence i came to india due to my health condition , with out having any knowledge and information of my Tier 4 visa cancelation i stayed over 28 days in uk (according to home office).

So what are the chances in this issue and is it really a big problem ? wil i be not allowed this time as well ? what should i do nxt if tribunal didnt allow ? All this was out of curiosity , because was nervos on the tribunal decision, which is due for next 2 weeks.

thanks in advance
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Postby sushdmehta » Sun Nov 06, 2011 11:48 am

If your appeal is not allowed, you may request for permission to appeal in the Upper Tribunal.
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Postby ajay2404 » Sun Nov 06, 2011 2:21 pm

If applyed to Upper Tribunal what is the Processing Time for this..?

Also is it recomended to go for a Fresh Application or go to Upper Tribunal ?

What would be the chance if i go through fresh application...? please suggest me ..

thanks in advance
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