Refusal on Grounds 320 - please help

[honeydrops]

Hi,

Can i please ask any of the experts on this forum or anyone who has had similar experience.to comment on this please:

I overstayed my student visa by 3 months (i had another multple entry 5 year uk visit visa on my passport valid till 2011 which i mistakenly assumed was still valid) but left the U.K on mar 12 2008 voluntarily to make an EC application and hopefully return via the HSMP category on. An immigration officer doing embark checks at the main depature point picked me up as an overstayer and the day of emabarkment was noted on my passport "embarked on Mar12 2008". My passport details were noted but no finger printing was done and i was not served with a deportation or removal notice

I applied for EC in april 2008 and my application was refused on grounds under paragraphs 320(7A) and 320(7B) of the Immigration Rules..

The reason on the refusal notice by the ECO was that in section 5.5 of Visa Application form I was asked if I have ever been deported, removed or otherwise required to leave the UK. I answered NO.... the ECO refusal notice stated that I failed to declare material facts to the application. The notice of refusal further specified that any future visa applications I make to the UKBA would be automatically refused for one year from the date I left the UK which was 12th March 2008.

Question one - Can you exit the U.K voluntarily at no cost to the tax payer and have had no previous immigration breach(before the overstay) and be expected to answer YES in the section? I was neither deported nor removed...what does require to leave the u.k mean??
This section clearly ask if you were required to leave the U.K please enter your HO reference number...Clearly I don't have one so answered NO in this section.


In Dec 2009, i applied again under PBS tier one general, i met all the necessary points requirement for this but my application was again refused under grounds 320 (7b) based on deception of the previous application made in March 2008. My new application was refused on the 17th of January 2010 and the ECO stated in the notice of refusal that I had used deception in March 2008 therefore I am being refused again under paragraph 320(7B) of the immigration rules for using deception in my application made in March 2008. The ECO stated that in the Visa Application Form section 5.5 (I submitted in march 2008) where I was asked if I have ever been deported, removed or otherwise required to leave the UK, that I was untruthful and that official records shows I was asked to leave the UK and I made a voluntary departure on the same day.

The ECO issued the same notice of refusal of 2008, and changed the section of the letter that initially stated ‘one year from day I left the UK’ to ‘ten years from day the 2008 HSMP refusal decision was made’. All other details were not changed not even the initals of the issuing ECO.

The ECO just changed the span of the ban of the notice of refusal decision and reprinted the edited copy and attached it to the new refusal decision notice of the 17th of January 2010.

Question 2: Are they saying the ECO that issued the one year ban in 2008 got it wrong? They have falsely led me to believe that i had served my ban and was now eligble to make another application..

Question 3: As I have NO full rights appeal here, what are the options available to me outside of an administrative review?

Thank you for your anticipated responses

[geriatrix]

Please don't make multiple posts on the same topic.

"Otherwise required to leave" includes instances where the leave to enter / remain (read visa) has expired thereby making the visa holder an illegal alien in that country. One may stay in the country until the date of visa expiry but is definitely "required to leave the country" after the date of visa expiry. Therefore, IMHO, you made a grave mistake when you answered NO to the question" Have your ever been deported, removed or otherwaise required to leave any country, including the UK in the last 10 years?", even though it was due to ignorance in the matter.

What were the issue and expiry dates on the student visa?
What were the issue and expiry dates on the 5 yr. multiple entry visa?


regards

[honeydrops]

Thanks for your response sushdmehta..

Apologies for the duplicate post

Student visa issued sept 2005/expiry october 2006, further extension till dec2007.

Visit visa issued in mar 2005/expiry mar 2010 (sorry not 2011 as in my previous post)

A few weeks after the initial ECO refusal in 2008, my 5 year visit visa was revoked.

[geriatrix]

Your visit visa became invalid the day your passport was stamped with the student visa (sep 2005).

In the applications made in Dec 2009 and Jan 2010, did you answer the same question with a "Yes" or with a "No" again? If it was the latter, then ECO's decision to impose a 10 year ban is not incorrect.

Anyhow, a ban is a serious matter so, without further delay, get in touch with a competent immigration lawyer and seek professional advice.

regards

[Mr Rusty]

Your visit visa became invalid the day your passport was stamped with the student visa (sep 2005).

Ooh, I don't think so - see the following from UKVisas Entry Clearance Guidance:-

"ECB10.5 Applying for another visa but in a different category

An applicant may hold more than one valid entry clearance, for example a regular traveller already holding a longer period multiple visit visa can be issued with a visa for another purpose. When issuing a second visa, the applicant should be advised to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK"

But I agree that the OP should consult a competent immigration advisor as soon as possible.

[geriatrix]

Your visit visa became invalid the day your passport was stamped with the student visa (sep 2005).

Ooh, I don't think so - see the following from UKVisas Entry Clearance Guidance:-

"ECB10.5 Applying for another visa but in a different category

An applicant may hold more than one valid entry clearance, for example a regular traveller already holding a longer period multiple visit visa can be issued with a visa for another purpose. When issuing a second visa, the applicant should be advised to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK."

Thanks for this link!



regards

[honeydrops]

Thanks Rusty and sushdmehta

Just a follow up to my case:

I challenged the refusal and requested an administative review to the ECM two weeks ago and received an email yesterday from the fco. They asked me to "call in" and have requested that i bring my passport.

here is a snip of the email
----------------------------------------------------------------------------------------------------------------------------------------------------------------
In regards to your application for entry clearance, you are requested to attend the British High Commission in any weekday, Monday - Thursday between 9.00 a.m. to 12.00 p.m. We will aim where possible to process your application on the same day.

In addition, you are expected to bring along with you the following document
· your international passport

If we do not receive a reply to this letter within 3 months, we will decide the application on the information currently available to us.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Reading through the above, i hope and pray this is good news. Has anyone had their EC refusal overturned?
Please advise

[The Station Agent]

You are allowed to have more than one visa at a time, but you can only land on one. You have to choose which visa you land on. Your visitor visa would not have been cancelled by subsequent issuance of a student visa. But if you landed on your student visa and overstayed it then that's an overstay regardless of the visitor visa validity. If you landed on the visitor visa you did not overstay.

Sounds like you might get a fair hearing now anyway - good luck.