ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Is deception removed?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
skyer
BANNED
Posts: 50
Joined: Tue Apr 12, 2016 8:56 am

Is deception removed?

Post by skyer » Thu Oct 13, 2016 8:16 pm

Dear Moderators and members,

I hope you can help in this very difficult time of life. I desperately need your views, advice.

I was refused on deception in 2010 . I went for appeal up to Court of Appeal and it was dismissed as evidence for deception was too strong.

Following that I applied several visas which were granted without refusal, in first one I even ticked Yes to deception, visa granted. Following that I was advised by solicitors that it cannot be possible that with deception you get a PBS visa. So later I started ticking No to deception as believe it was cleared now based on outcome of previous application, still got visas.

Now worried about ILR application based on Long Residence due to past deception.

1-Below is text from Home Office refusal letter, I have highlighted below text in Red, it does not say about Leave to Remain. I find some hope with this for my future ILR application, please can you advise?

2-It further says below listed bans will apply to me when I leave the UK, I had valid leave for all those years and never asked to leave, does it mean ban does not apply to me?

3-Finally, on end it says I should regularize my stay when current leave expires which I have been doing, HO letter says 10 years ban will apply if they have to remove me from UK which never happened as I regularized my stay in UK following deception. Does this mean ban does not apply to me?

4-Following deception, HO granted all visas that I applied for, which support above points, what are your thoughts?


For the above reasons, I am satisfied that you have used deception in this application.
This means any future applications for Entry Clearance or Leave to Enter the United Kingdom will be refused under Paragraph 320 (7B) of the immigration rules unless it would breach your rights under the Human Rights Act 1998 or the Refugee Convention) for the following period starting on the date on which you leave the United Kingdom following this refusal:
• One Year if you leave voluntarily at your expense
• 5 Years if you leave at Government expense
• Ten Years if we remove or deport you

Two paragraphs quoted in letter 322 (1A) and 320 (7B)
There is also reference of this 245Z(d).

In the same letter it says I should I still have valid visa so at the end I should regularize my stay or leave the country at my own expense. If we have to remove you then any application for Entry Clearance or Leave to Enter that you make will be refused for 10 years under immigration rules subject to the exceptions listed in this letter.


Thank you very much for your time and assistance.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Is deception removed?

Post by Casa » Thu Oct 13, 2016 8:22 pm

Why have you opened a new topic? Please continue in your original thread which has already run to 3 pages.

http://www.immigrationboards.com/indefi ... 15402.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Is deception removed?

Post by noajthan » Thu Oct 13, 2016 8:23 pm

No need for multiple posts.
Continue in your other topic.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Locked