Tier 2 application with history of refusal under 320

[smmrfaisal]

Hi,
One of my visa application refused in 2006 under 320(21) as ECO was thinking one of my documents was fake.I got right of appeal but I did not go for appeal that time and never made any comments on this issue on later application for visa.

However, since then I got visa four times to visit UK for different reasons ..last time I came back from UK by this month.

I got a job offer and going to apply for Tier 2..

I am scared if they refuse my application under para 320(7B),,

http://www.ukvisas.gov.uk/en/ecg/refusa ... ralgrounds

Its saying in the law ,ECO must not refuse visa if previously issued a visa in the knowledge of the immigration breach;

THE LAW IS
320 (7B) will be applied if The applicant has previously breached the UK's immigration laws by overstaying; breaching a condition attached to his leave; being an illegal entrant; using deception in a visa application, leave to enter or remain (whether successful or not).
UNLESS .....

....was previously issued a visa in the knowledge of the immigration breach; ......


Can any body understanding my situation.Please help me.
Can any body tell whether I am in safe..

[geriatrix]

320(21) is no longer listed in the immigration rules.


regards

[smmrfaisal]

320(21) is no longer listed in the immigration rules.


regards

@SUSHDMEHTA

Yes 320(21) is no longer valid.
But the immigration rules saying..
Entry Clearance must be refused under 320 if The applicant has previously breached the UK's immigration laws by using deception in a visa application, leave to enter or remain UNLESS..

used deception in an application for entry clearance more than 10 years ago;
or
was previously issued a visa in the knowledge of the immigration breach;

• My concern is my visa refused in 2006 and its does passed 10yrs.
  On the other hand I got visa four times to visit UK despite visa refusal under 320.
  
  Can you seen any things to become worried?

[geriatrix]

If you were to be refused under 320(7B), you wouldn't have been granted visit visas (4 times at that)!

IMHO ...


regards

[Global.information]

Hi,
I am Zahida from Karachi, my application for EC under HSMP was refused on 23 August 2006 under paragraphs 135A(i) and 320(15) ECO said my all educational documents are not genuine, after that I appealed and my appeal was allowed, and I received calling letter after one year and I submitted my passport again to bhc Islamabad, and started counting the days after one and half years my passport returned with further refusal of EC. Under paragraph 135A/135HA (i),(ii) and 320(74) I don’t understand why ECO doing this to me when all my educational and work experienced are genuine, why they no verifying documents any ways with further rights of appeal I again appealed and my appeal again allowed October 2010 because I am genuine as a woman even I cant think about fake etc. my question is this can any one help me why they doing this to me and did they again refused my EC

[smmrfaisal]

If you were to be refused under 320(7B), you wouldn't have been granted visit visas (4 times at that)!

IMHO ...


regards

Can you tell me please whether 320(7C) can favor me to grant visa this time. and is here any possibility of refusing visa by 320(7B).

regards

[smmrfaisal]

If you were to be refused under 320(7B), you wouldn't have been granted visit visas (4 times at that)!

IMHO ...


regards

Can you tell me please whether 320(7C) can favor me to grant visa this time. and is here any possibility of refusing visa by 320(7B) as I have seen one person had refused with 320(7B ) and banned for 10yrs despite refused by 320(21) in 2006.

In my case.. despite refusal under 320(21) in 2006 I have got visa afterward and I think I am covered by 320(7C)

http://www.ukvisas.gov.uk/en/ecg/refusa ... onoffender

When does rule 320 (7B) not apply?Rule 320 (7C) :

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

...
...
.....

In addition you must not refuse an applicant under 320(7B) if:

1]..............................
2]..................................
3] 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.


Please reply ..and tell am i covered now by 320(7C)
regards