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Visit Visa Refusal under paragraph 320(7A). I need help

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dianediane
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Visit Visa Refusal under paragraph 320(7A). I need help

Post by dianediane » Sun Jul 25, 2010 12:55 am

I am refused under paragraph 320(7A)uk Visit visa application. the immigration stated like this.

You should note that the application for entry clearance has been refused under paragraph 320(7A) of the immigration rules, any future applications MAY also be refused under paragraph 320(7B)of the immig rules (subject to the requirement set out in paragraph 320 7c).

A refusal under paragraph 320(7b) of immigration rules attracts an automatic refusal of 10 years.

They feel that my employment letter was not genuine. but it was genuine and with approval of my boss. I want to appeal but it has only 28 days to appeal and i have one week left coz i dont know who could truly help me and dont know what to do. Unfortunately my boss is out of the country. I have trauma coz they told me that I am banned for 10 years. Most of the the advisors that we contacted they told me to appeal.

I applied for visit visa just visit my fiance coz he visited me thrice already so we decided that I am the one will visit there in their country. We didnt expect when i received my passport with refusal entry. We are crying both coz of the employment letter (320 7a). i have residency and working visa here in Dubai

Is there any chance to re-apply? coz i dnt have money to appeal. Please help me it affects my life. this is my first time and I am afraid and Im so hopeless.i want to have peace mind...Thank you

geriatrix
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Re: Visit Visa Refusal under paragraph 320(7A). I need help

Post by geriatrix » Sun Jul 25, 2010 2:47 am

dianediane wrote:Is there any chance to re-apply?
A ban essentially means that EC applications will be refused without consideration. In other words, you cannot apply for 10 years if handed a 10 year ban.

Appeal and /or consult a competent solicitor, if your financial condition allows you to, to challenge the decision legally.


regards

dianediane
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Post by dianediane » Sun Jul 25, 2010 2:09 pm

Hi,

Thanks but i would like to know it says there that "any future application may also be refused under paragraph 320(7b)". based on my undertsanding, I still do have the right to apply just to testify that my empoyment letter was not false. Am i right?.. just want clarification for that. coz as i have seen and review other refusals they stated there that the immig rules dated that they area banned but on my paper theres no date that i will be banned upto 2020. Thanks .. i just need an advice. thank you for more advice if you can.

ajmal
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Post by ajmal » Sun Jul 25, 2010 4:26 pm

dianediane wrote:Hi,

Thanks but i would like to know it says there that "any future application may also be refused under paragraph 320(7b)". based on my undertsanding, I still do have the right to apply just to testify that my empoyment letter was not false. Am i right?.. just want clarification for that. coz as i have seen and review other refusals they stated there that the immig rules dated that they area banned but on my paper theres no date that i will be banned upto 2020. Thanks .. i just need an advice. thank you for more advice if you can.

They already give you right of appeal, So go for it and send your appeal as soon as possible. why dont you tell your fiance to to file appeal through any good soliciator in Uk

geriatrix
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Re: Visit Visa Refusal under paragraph 320(7A). I need help

Post by geriatrix » Sun Jul 25, 2010 6:01 pm

dianediane wrote: I have trauma coz they told me that I am banned for 10 years.
Either you are banned or you are not. There is a difference between "may be banned in future" and "I am banned". So please be clear about what your situation is.

As suggested, if you are not yet banned and have the right to appeal, you may do so.


regards

dianediane
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Post by dianediane » Sun Jul 25, 2010 8:04 pm

hI,

This is the content of my refusal.

i Have therefore refused your application because i am not satisfied, on the probabilities, that u meet all the requirements above paragraphs of the immigration rules.

You should note that the application for entry clearance has been refused under paragraph 320(7A) of the immigration rules, any future applications MAY also be refused under paragraph 320(7B)of the immig rules (subject to the requirement set out in paragraph 320 7c).

A refusal under paragraph 320(7b) of immigration rules attracts an automatic refusal of 10 years. The period starts from the date of the previous event in which the deception or submission of falsified documents or information was employed....

* Actually I applied for visit visa because I really wanted to visit my fiance coz he visited me thrice here in Dubai (thats the main purpose I wrote in the application together with my fiance supporting documents). My fiance and I decided to apply visit visa to meet up and to meets his parents too. and the second plan is to apply fiance visa after the visit visa granted...then when I got my refusal I was shocked,

When i contacted some advisors to help and review my refusals they told me that I am banned and I have to appeal. Some advisors me they told me that its different category and I could apply for fiance visa next... I dont know whom Im going to listen and Im confused what Im going to do and I have only 1 week left to appeal and I dont have that much money to appeal and my boss is out of the country and will be back on August 1... Please help.....

geriatrix
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Post by geriatrix » Sun Jul 25, 2010 11:18 pm

From what you have posted, it appears that no ban has yet been imposed this time.

As advised, you may appeal within the stipulated time.

Please be advised that if you make a new application for EC and use the same evidence, you may be accused of deception and then may be refused under 320(7B) which attracts an automatic ban for 10 years.

Therefore, it is in your interest to prove the facts through an appeal. It is up to you to arrange additional documentary evidence to prove your employment. Without such evidence(s) your appeal may not succeed.



regards
Last edited by geriatrix on Mon Jul 26, 2010 3:12 am, edited 2 times in total.

dianediane
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Post by dianediane » Mon Jul 26, 2010 2:05 am

hi sushdmehta,

Thanks for your advise. It really helps me.

I would like to ask again coz u said "Please be advised that if you make a new application for EC and use the same evidence, you may be accused of deception (again) and then will be refused under 320(7B) which attracts an automatic ban for 10 years." Do u mean I could reapply but i should not use the same evidence? But if ever I will reapply again for visit visa category again the requirements are: bank statement and employment letter (on which, the letter of employment they found false/fake that falls under 320 7a- but for me it wasnt false). Do u mean I have to change company in order to have a new employment letter?

and if i will re-apply again though you said that no ban has yet been imposed. could I apply for fiance visa category instead of visit visa?.. Please help me so we could know what to do next...Thank u so much....

geriatrix
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Post by geriatrix » Mon Jul 26, 2010 2:26 am

I think it will be in your own interest to appeal the decision and prove that you indeed are employment with the employer/organisation in question. It is likely that if you use the same evidence to prove employment, UKBA may reach the same conclusion as they have now, and may refuse you again.

So, appeal the decision of the visit visa application .... and prove yourself right and UKBA wrong.


regards
Last edited by geriatrix on Mon Jul 26, 2010 3:12 am, edited 1 time in total.

dianediane
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Post by dianediane » Mon Jul 26, 2010 2:31 am

To Mr. Ajmal

My right of appeal stated;

Your application does not attract the full of right to appeal under section 82(1) of the nationality. Your right to appeal is limited to any or all the grounds referred to in section 84(1) (b) and (c) of the nationality.

though Im not going to appeal anymore coz I have 5 days more to appeal and my boss is out of the country. coz some advisors told me submit a letter of employment but how? my boss is out of the country.... but the thing Im going to do now is to re-apply again. Thanks for advise ... but im waiting for sushdmetha for some advise too.. and if u can advise me more I really appreciate it..thanks

dianediane
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Post by dianediane » Mon Jul 26, 2010 2:41 am

Hi susdmetha,

How could i appeal? i have 5 days left but how? my boss is out of the country coz advisors told me to ask a letterhead for employment. whos going to sign it for me? so what im going to do if I will apply again? do i need to ask my boss testimony/ letter to be passed to the immigration that the previous employment letter that he gave me during my application was genuine? and that letter of my boss i will attach it to my second visit visa application? am I doing right?

Thank you so much...please advise more

geriatrix
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Post by geriatrix » Mon Jul 26, 2010 2:50 am

I am unable to comment any further.


regards

sociologistt
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visit visa refusal under 320 (7A) & (7b)

Post by sociologistt » Tue Aug 13, 2013 12:03 pm

Hi. I applied for a visit visa and refused under 320 (7a) & (7b). Actually in 2004 I had applied for study visa and it was rejected and before applying visit visa someone told me don’t show that refusal, and that passport was not with me it was long time back and I was not remembered the refusal no. as well. I am living in UAE from last five years and that time I applied from Pakistan, now I requested my family to search that passport and send it to me. Now please guide me in future I can apply for visit, scholarship and student visa or not? And what are the possibilities now? should i apply again with the old passport???

regards[/quote]

vinny
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Re: visit visa refusal under 320 (7A) & (7b)

Post by vinny » Tue Aug 13, 2013 12:22 pm

sociologistt wrote:Actually in 2004 I had applied for study visa and it was rejected and before applying visit visa someone told me don’t show that refusal,
Bad advice.

Not sure what you can do now except wait 10 years, unless for you qualify for an exemption.
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