Please Help :x

[SyS64786]

Hello I have lived in UK for past few years and been given PND (Penalty notice for disorder) in the past which i didn't know it as "Penalty" because of my ignorance. I was told then by lawyer it is just for identification purposes ( nothing serious ) . anyways moving swiftly on i have applied for UK recently and been denied UK visa for answering "no" to question.

"Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country?"

and it states in refusal letter

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

Please guide me if i can still apply for visa.
1. What are the chances of getting visa ? would it be automatically refused even though if i make sure to put everything accurate on visa application.
2. Would it effect my other EU visa applications specifically "Ireland" as i plan to continue my studies there because they have the very same course available and i have only one year left.

It would be really appreciable if you guide me through

[SyS64786]

bump !!

[vinny]

1. Unfortunately.
2. Don't know.

[SyS64786]

does that means if i apply my visa would be automatically refused ?

[vinny]

1. Unfortunately.

Please click on the given link for more information.

[SyS64786]

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;


Do i have to prove them that i was not aware of it ? which i genuinely wasn't

[vinny]

That's what you have to convince them of.

[SyS64786]

thanks for your help vinny

[SyS64786]

I have one year left towards my degree however I want to move to Ireland or Austrilia and continue my studies but I have my car parked at my rented house in uk for past 6 months and as I wasn't there my house has been burgled . Now I am stuck here and I don't know what to do whether to apply for visit visa and explain it HO that my intentions to coming to Uk is sell my car and collect my stuff . (Mainly my car because it worth 15k£+) . Or should I get CAS letter from any uk uni for course and apply a Tier 4 student and continue my studies within UK but I have been refused with 320A.

Any suggestions what should I do ?

[SyS64786]

Any one ?

[njoy1987]

It seems you needs to make some decisions. People on the forum have already advised you not it's for you to decide and act

[Frontier Mole]

You are highly unlikely to gain entry to the UK anytime soon under any visa type.

The previous refusal will take a considerable amount of effort to overcome. Trying to convince UKVI that you were not aware of the ramifications of your penalty notice and the non declaration of such is a massive hurdle to overcome.

I would suggest you look to ways of getting someone else to sell your car and return your property to you.

Will your refusal effect other non UK visa applications - yes it will. You will have to declare refusal to the other countries which may or may not have an impact. The fact you have a criminal record in the UK will also have to be declared and that is likely to have an impact too.

[SyS64786]

Thank you for your reply.

@FM Can I apply as family visa After being banned under 320 (7b) ?

[Frontier Mole]

There is an overarching principle that the exercising of your human rights under private and family life gives rise to the possibility of the ban not being applied / stood over etc.

I am no expert in this field but I am vaguely aware that spouse visa applications get this type of concession?

Suggest another more experienced person in this immigration area addresses the question. Sorry

[Casa]

An application for a fiance or spouse visa shouldn't be refused under 320(7b) of the Immigration Rules but is can be refused under 320(11). You may find this article by Freemovement informative. https://www.freemovement.org.uk/new-gui ... published/

Note: "However, if the visa officer thinks that any of the above applicants previously ‘significantly contrived to frustrate immigration rules’ then they should still be refused."

This would include deception and the submission of false documents/declaration in previous visa applications.