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10 year automatic ban for family visitors?!!!

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georgerusz
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10 year automatic ban for family visitors?!!!

Post by georgerusz » Mon Aug 12, 2013 1:21 pm

Dear All,

I am an Albanian national. I falsely claimed to be from Kosovo in 1999. I obtained British citizenship in 2003.
My parents were granted visas (family visitors 6 months duration) in 2003, 2006 and 2007 but were refused visas in 2010. On every single occasion they produced my British passport stating I was from "Kosovo" and my genuine birthday certificate confirming I was in fact from Albania. I am aware that the law changed in 2007 so in 2010 they refused the visas on the basis that my parents had produced original documents obtained by false representations which was my British Passport.
I applied to the Sec of State and I got my place of birth changed on the Naturalisation Certificate and a few days ago on my British passport.
My question is:
-As my parents were refused visas and informed that their applications may be refused for the next 10 years (the wording on the refusal letter is "may" rather than "shall") in 2010, now I have rectified my British passport, do you think they will be refused visas on the grounds that they were refused in 2010, or the application will be considered again on its own merits?
I know if they are refused I can JR the HO as there is no further right of appeal but I thought whether the refusal in 2010 would be a reason "per se" to automatically refuse the new application.
I would be very grateful for your input.
Thank you,

George

georgerusz
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10 year automatic ban for family visitors?!!

Post by georgerusz » Tue Aug 13, 2013 6:06 am

Anyone?!!! :)

selva
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Re: 10 year automatic ban for family visitors?!!

Post by selva » Tue Aug 13, 2013 9:58 am

georgerusz wrote:Anyone?!!! :)
Could you provide bit more info? what is the place of birth in naturalization certificate and British passport now? is it Albanian ? if so you can write a letter explaining the circumstance when they go for visitor visa next time, if it a genuine mistake on your passport and corrected now then it is likely that they will get the visa

georgerusz
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Post by georgerusz » Wed Aug 14, 2013 8:41 pm

Hi Selva,

Thanks for your reply. Now my place of birth on both the naturalisation certificate and British passport is my correct one, namely Albania.

With regards to whether the mistake was genuine or not. As I stated previously I falsely claimed that I was from Kosovo and not Albania in 1999 and my first British passport reflected this.
My parents were refused visas on the basis that they had provided genuine documents obtained by deception and told that their applications "may" be refused for the next 10 years.
The question is, now I have rectified the issue will they automatically refuse my parents applications?
Thanks,

George

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Post by Amber » Thu Aug 15, 2013 2:23 pm

Did your parents know the documents were fraudulently obtained?
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georgerusz
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Post by georgerusz » Thu Aug 15, 2013 7:00 pm

Yes but they did not try to hide it, as they hadn't on all three previous occasions. Also "fraudulently" obtained I think is very tricky as the HO has considered the docs and were "satisfied that the alleged false claim" is outweigh by the mitigating circumstances therefore refused no to deprive!

georgerusz
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Post by georgerusz » Thu Aug 15, 2013 7:04 pm

If someone is refused under 320(7A) on the basis that they produced a document (British passport) obtained by deception will this automatically trigger the operation of 320(7B) or the subsequent application will be assessed on its own merits?
The reason I am asking is that the wording on the refusal letter is "...any future applications may be refused under paragraph 32(7B)...".
Surely the wording would have been "shall" if an automatic refusal is triggered. At least this is how I read it!

Tonyb2
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Re: 10 year automatic ban for family visitors?!!!

Post by Tonyb2 » Mon Dec 09, 2013 8:31 am

Hi Goerge

How did you manage to change from Kosovo to albanian ?
Home office has deprived my citizenship.

Thanks

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