Rejected Business Visa , Banned 4 10 yr,Can this be reverted

[SearchPeace]

i travelled to UK in 2006 on W permit.During this there was a conviction on me and I had to pay a fine and had a statement of discharge.
Statement of discharge was for a year which ended in 2007

Now there was another application made to the UK in 2007 w/o mention of the conviction which got through easily and I traveled and came back as well.I did nt mention anything about the conviction since I thought it was over and done and I did not know it was a conviction first of all.
I had no legal document to support it or i did not even remember the clear details of it except the fine. And I did not want anyone to find out about this.
I would put it as it was an unintentional mistake.

I had made an application again for a business visa.
Now tis time they might have checked and they figured out that there was information missing in the prvious application.

They called me for an interview in which i did answer all teh questions correctly but just because the previous application did not contain all details about it they said they have refused the visa.And they said they would impose a ban for 10 years.

They said any visa you apply now is most likely to get refused.
I am a software professional and this could be really a big punishment for me.
can anyone advise what I should be doing next?

Would they consider this, if i made an appeal and asked them ,requested them to have a relook at it again?

Kindly advise.
If anyone has friends in the embassy please let me know.

Thanks in advance.

[Mr Rusty]

"I did not know it was a conviction first of all.
I had no legal document to support it or i did not even remember the clear details of it except the fine. And I did not want anyone to find out about this.
I would put it as it was an unintentional mistake. "

Come off it.
We're not talking about a speeding conviction, are we? People don't forget about being arrested, going to court and getting sentenced.

You lied on an application because you thought you would get way with it, which you did the first time.
Did you also fail to declare the conviction on the form when you applied again?

As a matter of interest, did the refusal notice quote 320.7(A) or 320.7(B) of the Immigration Rules? Without seeing exactly what your refusal notice said, it is difficult to say whether you have any means of, or any grounds for, challenging the decision. You don't have a right of appeal as a business visitor, and you are now barred from making another application. The only court you can go to is the High Court and apply for Judicial Review on the grounds (if appropriate) that the decision to refuse you solely because of the undeclared conviction is unfair and disproportionate, particularly as you complied with immigration law and committed no further criminal offences on your last visit, and to ban you for ten years with no chance of appealing the decision is contrary to natural justice and disproportionate to the enforcement of immigration law.
But going to the High Court costs thousands of pounds. You could try putting the same arguments to the local Entry Clearance Manager and asking him to review the decision, but as he will probably have approved the refusal in the first place, you are unlikely to get him to change his mind.

[SearchPeace]

I am yet to receive the passport and see what is mentioned on it.
What do you exactly mean by entry clearance officer?

I just submitted my application had a call for an interview and then spoek to that officer.
But there doesn't seem any means of communication of asking them or trying to explain what happened.

I know I might have done a mistake but then a ban for 10 years is a huge punishment for it. Its wasnt a murder or any serious crime which had affected anyone else.

These kind of punishments are for people who would have troubled others or mankind.

I've regretted badly over my mistake.It has changed the course of my life and i have already made another visit without anything else.I am ready for a condition wherein if something similar ever happens they can ban me of just do whatever they want.

The only question Now is I want to talk to someone who could convey all this to them and some means of doing it.

I know the chances are very remote but then I still do not want to lose hope.I;ve just begun my life ,career,profession.

[SearchPeace]

Another thing.I do not have any legal document for this.
How can I get one about the same.?

Or is there ever a document or statement for the same.
I was too naive then and have nothing to support me as well.

[republique]

Another thing.I do not have any legal document for this.
How can I get one about the same.?

Or is there ever a document or statement for the same.
I was too naive then and have nothing to support me as well.

conviction from what country?
what was the conviction?

[SearchPeace]

from Uk it was Conviction.

[republique]

from Uk it was Conviction.

what was the conviction for?

[Mr Rusty]

Another thing.I do not have any legal document for this.
How can I get one about the same.?

Or is there ever a document or statement for the same.
I was too naive then and have nothing to support me as well.

Searchpeace,

Your criminal conviction, about which Republique is asking, is only a part of your problem. You have been refused a visa and banned from re-applying, not because you committed the offence, but because you didn't declare it on your applications. If you only received a fine, it can't be such a serious offence that this on its own would justify you being banned from the UK for 10 years.

You asked what is "entry clearance officer" - that is the visa officer who considered your application, also referred to as ECO.

You say you haven't had your passport returned to see what is on it. The passport won't tell you much, there will just be a small stamp in the back with the date underlined, which shows you have been refused a visa.

You say you "have no legal document for this". I'm not sure what you mean. The refusal of your visa and all the reasons for it are set out on a notice which should be handed to you when you are refused, and when your passport is returned to you.
If you can post exactly what this notice says (removing your name or anything which directly shows who you are) it might be possible to give some further advice.

But given what we know so far, it looks as if it would be very difficult for you to get another visa

[SearchPeace]

What do you mean by anotheer visa?

[Frontier Mole]

Is it a driving conviction - one that now has a "serious" against it and would stop someone getting Citzenship?

Drink driving, driving without a licence or insurance?

[SearchPeace]

It was a Shoplift Conviction for which I had paid the fine and plead guilty at the court.

[SearchPeace]

the visa that i had applied for was through my employer for a business visa.
they said they might not issue any visa for the next 10 years..

[simar]

the visa that i had applied for was through my employer for a business visa.
they said they might not issue any visa for the next 10 years..

Leave your street smartness attitude. Grow up now. Shop lifting or trying pretending to forget case while applying for visa are signs of still you are acting as baby. Do any work professionally. Be in politics, business , skill job or even shop lifting -)

[SearchPeace]

I'm sorry but that was Rudeness and I;m not here to get inputs about my smartness..
It was a mistake and I admit it.
Whats next that can be done is what i'm looking at.

[republique]

the visa that i had applied for was through my employer for a business visa.
they said they might not issue any visa for the next 10 years..

Leave your street smartness attitude. Grow up now. Shop lifting or trying pretending to forget case while applying for visa are signs of still you are acting as baby. Do any work professionally. Be in politics, business , skill job or even shop lifting -)

Not sure I understand this remark

[republique]

It was a Shoplift Conviction for which I had paid the fine and plead guilty at the court.

Don't know what category the HO would put that one in.
I think you need a solicitor to plead your case if you want to fight the ban.

[SearchPeace]

can i do that on my own ....and mail them on the ID which they say is strictly for confidential details

[republique]

can i do that on my own ....and mail them on the ID which they say is strictly for confidential details

Well sure you can approach them but a solicitor would be able to speak their language so to speak. I'd see what FrontierMole thinks as he has the pulse on the HO stance on things but honestly, I see no point with you trying to speak to them. I don't think you realize the seriousness of your plight. When the HO office bans you, well it is a category where they put you in a box so they don't have deal with you until the ban is over with. For them it is clear, no if ands or buts so you trying to plead your case, you just would do yourself a disservice which you have already done.

[Frontier Mole]

Bit of a double blow this one.

Shoplifting is covered by the Theft Acts - although it is considered a minor crime by the general public it does come under "serious" as it is an act of theft by definition of the immigration rules that cover such matters.

HOWEVER you did not get a custodial sentence so that means you get relief under the Rehabilitation of Offenders Act, which strikes out any court action short of a two and a half year sentence after a period of time. This is termed as a spent conviction. BUT all that means is you do not have to declare the conviction in MOST circumstances. One exemption is immigration where no such relief is granted - of course it would be!

If you had declared the conviction in your previous visa application you would have been more than likely granted the visa in any event. The conviction would not have caused any real concern.

Why was it an issue this time round? All visa apps now go through a checking process where you are checked against the crime database. This would have showed up your previous conviction and wham - you failed to declare it first time round and this time as well. False declaration x 2 = deception = 10 year ban.

I can not offer much hope about doing something about it. Your case is weak and the record will show your court conviction and two visa applications where you have failed to mention your convictions. The fact that the last visa was granted is not in your favour as the administrative failure of the ECO at the time is not a defence.

Sorry for the less than welcome news.

[republique]

Bit of a double blow this one..

Bummer

[SearchPeace]

ON order to reach a decision I have taken into account

That the burdern of proof is on you.the aplpicant
the standard of proof is to a balance of probabllities
your completed application form
your interview today


I have refused your visa on thsi occasion because i am not satisfiedon the balance of probabiliities.that you meet all teh requirements of teh apragraph 41 and 46g and 320 7a of immigration rules.
thsi decsion was made on teh merits of this aplication.

However if you have a previous application or immigration history this may have been considered.

IN your previous aplication you failed to disclose your UK Criminal Conviction. I am satisfied that these facts were material to the aplpication because it clearly asks in your aplication form see question 4.14
AS material afacts were not disclosed in relation to your aplication it is refused under paragraph 320 7a of rules.


your application does not atttract a full rght of appeal under section 82(!) ofthe Nationality,Immigration and Asylum Act 2002.Your appeal is limited to any or all of the above refereed to in Section 84(1) (b) and (c) of the NAtionality act namely

he decision is unlawful by virtue of Section 19b of the Race relations Act 1976 ( c.74) ( discrimination by public authorities)

THat the decision was unlawful under section 6 of the Human rights Act 1998( c 42) (public Authority not to act conttrary to Human rights convention) as being incompatible withteh appelants COnvention rights.

[SearchPeace]

can someone please explain whether I can make an appeal or not in this case?

ALso why does it say refusal coz of 320 7a ( which is acceptable) but why 41 and 46g?

Any idea

[republique]

can someone please explain whether I can make an appeal or not in this case?

ALso why does it say refusal coz of 320 7a ( which is acceptable) but why 41 and 46g?

Any idea

You are just confusing yourself with why this rule but not this one, they explained it in plain English.
You didn't disclose your conviction in your first application. Full Stop.
An appeal can be made if it is because of facial discrimination or human rights grounds. Based on what you have provided, you do not have any claims under that basis. Thus you can not appeal otherwise.
I am sorry it is over.

[Mr Rusty]

If you had declared the conviction in your previous visa application you would have been more than likely granted the visa in any event. The conviction would not have caused any real concern.

.

This is the really sad part about this case, and an object lesson to everyone - it is better to declare something which may be disadvantageous to your application, because if you don't, you're out in the cold for a very long time.

In my opinion the refusal notice is (allowing for the OP's typos) very badly worded. The ECO says he's refusing because he's not satisfied that the applicant meets all the requirements of Paras 41 ,46G and 320 7A of the Rules - but he's totally failed to say why Paras 41 or 46G, the normal requirements for business visitors, have not been met.

The refusal notice then states that in the "previous application" he failed to disclose his criminal conviction, and then says "as material facts were not disclosed in relation to your application it is refused..." So which application is that referring to? If the applicant has only been refused because of defects in the previous application, when he afterwards complied with the conditions of the visa, it's a pretty insubstantial refusal.

Even if, as Frontier Mole has said, that an administrative failure by the ECO may not avail the applicant, the issue is whether the outcome for the applicant is proportionate to the offence he has committed - the offence being a misleading declaration on the application(s?). He can argue that the shoplifting itself is not an issue because if it had been considered serious enough at the time to merit his exclusion from the UK, the court could have recommended him for deportation, but did not.

If he had applied, for example, as a spouse, or a long-term student, he would have had a direct right of appeal to challenge not only the decision but the consequent ban. In his case he has no right of appeal, and no right to make another application for 10 years. The only possible right of appeal is under the Human Rights Act, and I wonder if he can make a claim under Article 8 on the grounds that the refusal and its consequences have an effect on his private life disproportionate to the effective application of immigration law.

In my opinion the OP should make sure he gets in an appeal in time on the grounds that the decision was unlawful under s6 of the Human Rights Act, get copies of both visa application forms and any interview notes and the refusal notice, submit them to a qualified immigration advisor or solicitor in the UK and seek an opinion as to whether such an appeal can be pursued. An initial consultation should be free or limited cost.

[SearchPeace]

they have added 41 and 46 g as the terms as well.
That is what I dont relaly undertand.