return to UK after being accused of deception

[kfs111]

In April 2015, I was served with a notice of removal on the basis that I had used fraudulently obtained certificate (TOEIC) in my application for further leave to remain. I was not given a chance to appeal and the notice said “You are liable to be removed and if you wish to return to UK in the future, you need to depart as soon as possible. If you do not leave voluntarily and removal action is required, you may face a re-entry ban for up to 10 years.” In the light of all this, I decided to make a voluntary return and returned to my home country within a couple of weeks at my own expense. I am already aware of the recent TOEIC case that UK Govt lost but at least a couple of my friends have already won their appeals in the court and Home Office are challenging their win in the upper tribunal so I don’t think they are showing any leniency to the TOEIC victims. Please note that my notice of removal didnt have any reference to any of the clause like 320 etc and only said that "you are specifically considered a person who has sought leave to remain by deception". Anyway without going into this discussion, what I need to know is that I am now willing to comeback to UK as a dependent of a student who will be studying for MSc at a reputable university. As I understand from this guidance

https://www.gov.uk/government/uploads/s ... pter62.pdf

if someone is alleged of using deception in his application in further leave to remain but makes a voluntary return, they face a one-year automatic ban. Am I correct to assume that my one-year ban is over now as it’s been over a year since I made a voluntary return?

[kfs111]

Hi,

Its been a long time and not even a single reply on this. Is my question that complicated ? All I need to know is that "If somebody has been accused of deception and he made a voluntary return more than a year ago at his own expense within a week of being served the decision/removal notice, Could he reapply now as a dependent of a full-time post-grad student studying at a reputable university in UK ?"

https://www.gov.uk/government/uploads/s ... pter62.pdf

My understanding from the above guide is if someone is alleged of using deception in his application in further leave to remain but makes a voluntary return, they face a one-year automatic ban. Is this correct ? Am I correct to assume that my one-year ban is over now as it’s been over a year since I made a voluntary return?

Can they still refuse me on general grounds of refusal though one of the reasons why I made a voluntary reason was because the letter said that I should leave the country ASAP to avoid getting a future application refused ?

Moderators/Senior Members, please help.
Thank you.

[kfs111]

Hi Moderators/Senior Members,

Please I need your help urgently. Please reply. I have posted twice here but nobody has said anything at all. Please help.

If somebody has been accused of deception and he made a voluntary return more than a year ago at his own expense within a week of being served the decision/removal notice, Could he reapply now ? 1 believe the re-entry ban period is 1 year if the applicant made a voluntary return at his own expense. Is this correct ? please clarify.

[physicskate]

Hi Moderators/Senior Members,

Please I need your help urgently. Please reply. I have posted twice here but nobody has said anything at all. Please help.

If somebody has been accused of deception and he made a voluntary return more than a year ago at his own expense within a week of being served the decision/removal notice, Could he reapply now ? 1 believe the re-entry ban period is 1 year if the applicant made a voluntary return at his own expense. Is this correct ? please clarify.

Because we don't know!!! You will always be subject to general grounds for refusal, therefore there are no guarantees...

[kfs111]

Hi Moderators/Senior Members,

Please I need your help urgently. Please reply. I have posted twice here but nobody has said anything at all. Please help.

If somebody has been accused of deception and he made a voluntary return more than a year ago at his own expense within a week of being served the decision/removal notice, Could he reapply now ? 1 believe the re-entry ban period is 1 year if the applicant made a voluntary return at his own expense. Is this correct ? please clarify.

Because we don't know!!! You will always be subject to general grounds for refusal, therefore there are no guarantees...

Thanks for your reply. I really appreciate it. I am not asking whether I'd be subject to general grounds of refusal or not. What I need to know is whether my automatic ban is over now or not ? what's the policy about the automatic re-entry ban ? I have provided a link above that says that if someone makes a voluntary return at their own expense, they are subject to 1 year re-entry ban. But it doesn't clearly say anything about deception. Even the example they have provided on their website is about someone using deception in Entry Clearance which clearly is subject to 10 years ban. It doesn't clearly say anything about what happens if somebody gets accused of deception and makes a voluntary return. This is what I wanted to know.

General grounds of refusal are subject to case worker's discretion and because I would be joining my wife as a dependent, I can legally challenge them but automatic re-entry ban means a 100% refusal and that's what I wanted to know. Many thanks in advance.