320(7B) effect on new In-country Application

[NorthStar]

Hi Guys,

I need some advice, my case is; I applied for Tier 1 General (Leave to Remain, switching from PSW) and my application was refused with 320 7B. I was not given the right of appeal as my PSW was still valid for one year and no administrative review was available as it was an in-country application.

My PSW was not curtailed and it was written clearly in my decision that my current conditions continue to apply till the expiry of my current visa. It was also written in the Section ''Option to Make a New Application'' that I can re-apply under Tier-1 general with additional supporting evidence or other category but that I must do so before my current leave expires.

Now my employer has given me the CoS under Tier-2 general. My question is what is the chance of getting that? What is the effect of 320 7B on new in-country applications, as in my previous application I wasn't given the chance to defend myself? Will I get a Right of Appeal this time as my current visa will expire soon and I'm hoping to apply Tier 2 before that?

Any help would be very appreciated. Thanks in advance

[Lucapooka]

320 7B is not applied to leave to remain applications; it's only applied to entry clearance. You must be mistaken.

[NorthStar]

Thank you for your response. Does that mean, I should apply without any fear of rejection.

[Lucapooka]

No, I mean that I don't see how 320 7B can be cited in a refusal for leave to remain. It would only be cited in an application for entry clearance.

[NorthStar]

But my application was for leave to remain, and it was rejected.

[geriatrix]

Okay, but where did you get 320(7B) from? Was it mentioned in the refusal letter as a reason of refusal or are you just assuming that it will "affect you" just because your application was refused?

[NorthStar]

Exact wordings, ''False document has been submitted in relation to your application, it was refused under 320(1A). This means that any future application for entry clearance or leave to enter the UK you make will be refused under paragraph, 320(7B)''

[Greenie]

Exact wordings, ''False document has been submitted in relation to your application, it was refused under 320(1A). This means that any future application for entry clearance or leave to enter the UK you make will be refused under paragraph, 320(7B)''

well there is your answer - your application was refused under 320(1A), future applications for entry clearance or leave to enter will be refused under 320(7B). It does not mention applications for leave to remain, because, as others have already pointed out, 320(7B) is not used as a reason for refusal for applications for leave to remain.

Your application for leave to remain under tier 2 will not therefore attract a refusal under 320(7B), but could attract a refusal under 322(2)

[NorthStar]

I should have cleared that application wasn't refused under 320(7B), the rejection was under 320 with 320(7B). Clear? Now, would it effect my new leave to remain application under Teir 2 general?

[Greenie]

I should have cleared that application wasn't refused under 320(7B), the rejection was under 320 with 320(7B). Clear? Now, would it effect my new leave to remain application under Teir 2 general?

please see my answer above. Please also follow the link.

[NorthStar]

I agree, thanks