New rule 320(7B) + Possible denial

[Bennie]

Hi All,

I have the following problem.

About nine and a half years ago, I was denied a working holiday visa for the UK.



I had just turned 21 and wanted to tour the UK. I approached the help of a travel agent.

I informed the travel agent that I didn`t have a job at that time. The travel agent said that it would not be a problem, and that she would write a letter indicating that I would have employment on my return to my home country. The travel agent indicated that this was standard practice and I had nothing to worry about.



Due to a lack of judgment I accepted her proposal.



Because of this letter, I was denied a working holiday visa.

I am now being relocated to the UK by my current company, I already have a approved 5 year work permit.

The question I have now is wheter my previous denial (Almost 10 years ago) will have an impact on my entry clearance application that I have to apply for now??

Another question I have is wheter the ECO has some discression available to him seeing that if I fall under rule 320(7B) he has the power to approve the entry clearance seeing that the ban period is almost over?

Any help and Advise on this will greatly be appreciated.

Regards

bennie

[William Blake]

Hi All,

I have the following problem.

About nine and a half years ago, I was denied a working holiday visa for the UK.



I had just turned 21 and wanted to tour the UK. I approached the help of a travel agent.

I informed the travel agent that I didn`t have a job at that time. The travel agent said that it would not be a problem, and that she would write a letter indicating that I would have employment on my return to my home country. The travel agent indicated that this was standard practice and I had nothing to worry about.

What does that mean? You were seeking work in the UK right, not your home country.

William Blake

Due to a lack of judgment I accepted her proposal.



Because of this letter, I was denied a working holiday visa.

What was the refusal ground?

William Blake

I am now being relocated to the UK by my current company, I already have a approved 5 year work permit.

The question I have now is wheter my previous denial (Almost 10 years ago) will have an impact on my entry clearance application that I have to apply for now??

Another question I have is wheter the ECO has some discression available to him seeing that if I fall under rule 320(7B) he has the power to approve the entry clearance seeing that the ban period is almost over?

Any help and Advise on this will greatly be appreciated.

Regards

bennie

[Bennie]

Hi William,

The letter stated that on my return from the UK this company(In my home country) will employ me.

I think this excert from a working holiday visa site explains it better:

"Information and evidence of your future prospects here in your country of residence e.g. job on return letter, offer of future university place, etc. With some country’s high unemployment rate, what incentive is there for you to come back?"

I honetsly can`t remember what the refusal grounds where. I don`t have the refusal letter anymore, I only have a black stamp in my old passport.

Regards,

Bennie

[Mr Rusty]

320(7B) doesn't apply to you, you didn't enter the UK illegally or overstay, you were simply refused a visa. There's no bar on you making an application.
Given the passage of time and vastly different circumstances your application is unlikely to be prejudiced by the previous refusal. It's quite possible that whilst your name may still be on record as a refusal (so you should not attempt to conceal it), the file with all the details may well have been destroyed.

[Twin]

320(7B) doesn't apply to you, you didn't enter the UK illegally or overstay, you were simply refused a visa. There's no bar on you making an application.
Given the passage of time and vastly different circumstances your application is unlikely to be prejudiced by the previous refusal. It's quite possible that whilst your name may still be on record as a refusal (so you should not attempt to conceal it), the file with all the details may well have been destroyed.

I think that the OP is concerened that his application may have been refused due to deception in which case 320(7b) will apply.

It is almost 10 years and i wonder if that refusal would still be on the system.

[jei2]

Just tell the truth and shame the er.. travel agent.

If its still on record it shows your honesty and if it isn't you don't need to worry about it.

[William Blake]

320(7B) DOES NOT APPLY TO ALL CATEGORIES/CASES. SEE CHAPTER 26.17.4 BELOW FOR A FULL LIST


26.17.1 What is a previous breach of the UK's immigration laws?
Under paragraph 320(7B) of the immigration rules, an applicant has previously breached the UK’s immigration laws if, in the past, he has:

overstayed for more than 28 days (or for any period if, after
overstaying, he went home at public expense);
breached a condition attached to his leave,
entered the UK illegally; or
used deception in a (previous) entry clearance, leave to enter or remain application (whether successful or not).





26.17.4 When does rule 320(7B) not apply? [Updated 9 July 2008]

Under paragraph 320(7C) of the immigration rules, You must also not refuse an applicant under 320(7B) if they are applying in the following categories:

Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiance(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relatvie (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:

The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).
In addition you must not refuse an applicant under 320(7B) if:

false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false (paragraph 26.17.5 below);
the applicant has raised human rights issues (in particular right to family life under Article which would justify issuing the entry clearance;
the applicant has raised exceptional and compelling circumstances which are likely to justify a grant of leave outside the rules, you need to refer the application to NCC2 following the usual HO Referrals process (Chapter 25) for a decision to be made outside of the immigration rules;
the period specified in 26.17.2 for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach e.g. a student who has overstayed but was granted LTE following an out of time application.
Although 320(7B) may not apply, an ECO must still consider whether the applicant meets the “significantly contrived to frustrateâ€

[Bennie]

Hi All,

Thank you all for your replies. I will try to find out what the exact reason for denial was. But in anycase I will still make the application with full disclosure, and hope for the best. Hopefully everything will work out in the end.

Regards,

Bennie