effect of using deception on future applications

[mili2010]

hi

my boyfriend was in uk in 2008 under IGS, and wanted to extend his leave to remain for another year under the new rules of Tier1-PSW but didnt have enough funds maintained for complete period of 3 months. in unexpected panic situation he used a false bank statement in his application and was caught. he was detained for a few hours, but released on "caution" as he admitted his mistake and also supported the IO's by providing whatever information he had about the person who gave him this false bank-statement. he asked IO's if his future applications will be affected because of all this, and was told "it depends on his application". he left UK voluntarily at his own expenses in April 2009.

we got married april this year in india and he applied as my dependant (i am a tier 1-general migrant) in july. he got the refusal to entry clearance yesterday on the grounds of paragraph 320 (7B). they have given him the chance to appeal against this decision within 28 days.

320 (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.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A,
(ii) a fiancé(e) or proposed civil partner under paragraph 290,
(iii) a parent, grandparent or other dependent relative under paragraph 317,
(iv) a person exercising rights of access to a child under paragraph 246, or
(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD;

my questions are-

1. will this appeal be any useful? as he left UK voluntarily on his own expenses more than 12 months ago, but i am not a settled person here will they change their decision?

2. if its not applicable, will he be eligible to come to UK once I get settlement here?

3. Kitty in one of the posts mentioned there are going to be some changes to ILR rules in future. according to current rules, i will become eligible for ILR application in june 2013. do you know what changes will be made to this, as this is our only hope, though its more than 3 years to wait

4. is there any other way/rule that will affect/help us in getting together?

any useful suggestions will be much appreciated!

Thanks in advance.

[vinny]

Under which subsection of 320(7B) was he refused?

As his deception wasn't related to an entry clearance application, but a leave to remain application, then his one year outside the UK may have already been sufficient.

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;

[alikhan28]

we got married April this year in India and he applied as my dependent (i am a tier 1-general migrant) in July. he got the refusal to entry clearance yesterday on the grounds of paragraph 320 (7B). they have given him the chance to appeal against this decision within 28 days.[/b]

320 (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.

1. will this appeal be any useful? as he left UK voluntarily on his own expenses more than 12 months ago, but i am not a settled person here will they change their decision?

Vinny pointed in right direction.10 years ban on deception is for entry clearance applications.So to me logically you ban time (12months) has already passed.I am not sure about that But its seem to me.

2. if its not applicable, will he be eligible to come to UK once I get settlement here?

Yes in a sense you have concession as mentioned in 320(7B).

3. Kitty in one of the posts mentioned there are going to be some changes to ILR rules in future. according to current rules, i will become eligible for ILR application in june 2013. do you know what changes will be made to this, as this is our only hope, though its more than 3 years to wait :

Yes new rules are coming on July 2011.You can read on home office web site full detail.

4. is there any other way/rule that will affect/help us in getting together?

Why not try to win appeal as this is looking more reasonable option at this moment.

Go for appeal and try yours luck.

Ali

[mili2010]

thank you for the replies!

paragraph starts with phrase "subject to 320 (7C)", which make me understand that both conditions should be fulfil at the time of application? according to 7c, i should be a person present and settled in UK, but i am not and wont be until june 2013. and by that time they will change the rules

[mili2010]

@vinny

in refusal letter, they didnt specify which particular point they rejected his application under.

[vinny]

You are right in saying that 320(7C) is not applicable now.

I think that he should appeal, for the reasons as stated before.

[vinny]

This may be relevant:

77. If it were otherwise, then an applicant whose false representation was in no way dishonest would not only suffer mandatory refusal but would also be barred from re-entry for ten years if he was removed or deported. That might not in itself be so very severe a rule, if only because the applicant always has the option of voluntary departure. If, however, he has to be assisted at the expense of the Secretary of State, then the ban is for five years. Most seriously of all, however, is the possibility, on the Secretary of State's interpretation, that an applicant for entry clearance (not this case) who had made an entirely innocent misrepresentation, innocent not only so far as his personal honesty is concerned but also in its origins, would be barred from re-entry under paragraph 320(7B )(ii) for ten years, even if he left the UK voluntarily.

If he did appeal, then do let us know the outcome!