320 7B

[maylacajigal]

Hi there, I really need your precious advice. Just now I received the result of my UK visa application, unfortunately its not successful. Im from Philippines, and I applied as work permit dependant of my husband.

Year 2006, I applied as work permit holder, I was still single then, I was refused and the ECO said it was under Immigration Rule 320 7B. I didnt know that there's a 10 yr ban.

Then at this time, I applied again as dependant of my husband, I was refused again even I completed all the requirements needed. The ECO's reason is due to my previous application 320 7B that's why I am banned for 10 yrs????? But they are allowing me to appeal..As I read in the Immigration rule, 320 7C,320(7B) shall not apply in the following circumstances:

where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A... Am I not covered by this??

Pls advice!! Im confused and felt hopeless!!

Thanks!!!

[Wanderer]

where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-gender partner under
paragraphs 281 or 295A... Am I not covered by this??


Thanks!!!

No, you apply as a WP dependent, not the above as your husband is not a British citizen (or has ILR).

What was the reason for your initial refusal?

[maylacajigal]

The reason for my initial refusal was due to the denial of my Singaporean employer, where I used to work before. She refused me as her employee, that's why the ECO gave me 320 7b in 2006

[maylacajigal]

Is 281 only for British citizen (or has ILR) only?

[maylacajigal]

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

[Wanderer]

But a Work Permit holder is not a settled person, WP is not a settlement visa - but it is a visa that leads to settlement but that doesn't help you now.

[maylacajigal]

what does present and settled in the United Kingdom mean?

[Wanderer]

what does present and settled in the United Kingdom mean?

It means currently residing in the UK with no time limit on their stay.

[maylacajigal]

So its the same as who is on the same occasion being admitted for settlement. What do you think is the best way I could do as of the moment? My husband stayed there for 2 1/2 yrs already. He has 5yrs contract as work permit holder.

[Wanderer]

So its the same as who is on the same occasion being admitted for settlement. What do you think is the best way I could do as of the moment? My husband stayed there for 2 1/2 yrs already. He has 5yrs contract as work permit holder.

Not sure - either wait till ur husband is settled, ie has ILR and enter as his spouse where the ban won't count, or try and get the ban lifted somehow and enter as a dependant.

No point in appealing until you can resolve the reason for the initial refusal, why did the employer not acknowledge you? Do u have proof your were a bona-fide employee?

Other than that, dunno.

[maylacajigal]

It was due to personal grudge that my x employer did, she really tarnished my reputation. I even passed my salary increase when I was only 3 mos working there but the embassy didnt put on weight on that. I wasn't aware that there's a 10 yr ban.. After that I worked in Dubai then went home to process my visa as a dependant of my husband. My God, its a very long time if I waited for the ban to lift, 10 yrs!! Anyway, thanks for finding time to answer my queries. God bless!

[maylacajigal]

hi! just now i found the refusal letter from me on 2006 and it wasn't 320 7B, it was 320 (15 & 21)!!! which is not punishable by a 10 yr ban. I dnt know on what basis why the ECO put 320 7B on my oct2009 refusal.

[vinny]

Hi there!! I badly needed your precious advice. Just recently my application was refused by the ECO here in the Phils. I applied under wp dependant of my husband, who is working there for 2 1/2 yrs.


I had my previous application in yr 2006, when i was still single, I applied as work permit holder but unfortunately I was refused and the ECo said it was under 320 (15 & 21).


Now back to my recent refused application, the Eco's reason to deny me was due to my previous application and he said it was under 320 7B which is punishable by a 10 yr ban!!!!!! How is it possible??? From 320 (15 & 21) to 320 7B????


Pls, pls advice me!!! I felt so devastated, cant imagine waiting for 10 yrs to be with my hubby.

Thanks!!

[vinny]

hi! just now i found the refusal letter from me on 2006 and it wasn't 320 7B, it was 320 (15 & 21)!!! which is not punishable by a 10 yr ban. I dnt know on what basis why the ECO put 320 7B on my oct2009 refusal.

320(21) has been deleted and doesn't exists anymore! What does the current refusal notice actually say?

[maylacajigal]

The decision that was sent to me in 2006 was" I am satisfied that u met the ff criteria under paragraph 320 15 and 21
(15) whether or not to the holder's knowledge, the making of false representations or the failure to disclose any material fact for the purpose of obtaining an immigration employment document;

whether or not to your knowledge, you have submitted a false cocument in support of an application.


While the decision in my recent application 2009, the ECO said,i considered your application under sub paragraph 320 7B of UK immigration Rules."where the applicant has previously breached in UK's immigration laws by: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);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.

[maylacajigal]

The Eco said therefore my application falls to be refused under paragraph 320 7B of the immigration Rules HC 395 (as amended). Any future applications will also be automatically refused, for the same reason until 20th July 2019

[vinny]

Yes. Unfortunately, using deception in a (previous) entry clearance application resulted in a ten year ban. Unless you can show that deception was not used, then you will have to wait until the ten year ban is over or until your spouse obtains ILR.

Where an applicant has used deception in a visa application, the ban is dated from the date (in which deception was used) was refused.

If the deception occurred in 2006, then why are you banned until 2019 and not 2016?

[maylacajigal]

"Unless you can show that deception was not used"

What do u mean by that? I also dnt know why until 2019.. What do u think is the best way that I could as of the moment?

[vinny]

If you can show that deception was not used, then the 10-year ban would not be applicable.

[maylacajigal]

you mean im going to appeal my case that took place on 2006? but that was 3yrs ago already.. my God, I felt horrible! I thought only 320 7B is subjected for 10 yr ban but mine is 320 15

[maylacajigal]

And also..in my application on 2006, they sent me documents that I was allowed to appeal, as well in my recent application if they banned me for 10 yrs.

[vinny]

If the accusations of deception are false, then do appeal.