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320(7b) of immigration rules.

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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

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SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

320(7b) of immigration rules.

Post by SyS64786 » Wed Nov 16, 2016 4:27 pm

i have applied from home country and it has been refused because of my own blunders.

The reasons i have been refused visa for are :

1. Submitted Wrong Bank statement (even though i had funds available in my bank)
2. Answered NO to question 43
3. Put wrong dates to question 26.


1. I can show and prove that i have had sufficient funds in my bank but submitted wrong bank heedlessly.

2. Question 43 is

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?

i have been given PND which i didn't disclose.

3. Question 26 is

HAVE YOU EVER TRAVELLED TO THE UK IN THE LAST 10 YEARS?


the dates i have mentioned on my application were the dates when i have came to my country and when i have arrived in UK. ( i put them all opposite)

i have completely misunderstood these two Questions.I have emailed the whole case to a UK based solicitor and been told this

Text in Red are his replies to my email.

"Thank you for your email.

First of all, the Home Office have not banned you for 10 years, they have said that if you make the same mistake again then they will ban you.

Secondly, in relation to the refusal, the Home Office will not accept new evidence so the fact that you have another bank account will not be accepted even if it is for the same date.

Thirdly, I would recommend making another application, have the correct statements and clarify the error you made on this application. Make sure that the next appn is correct. If you want we are more than happy to assist with your applications, but this will be at a cost.

The reason I suggest new application is because it will be quicker and you are more likely to succeed. With a review they will look at the documents you already provided which means you are already on the back foot and wasting your time and money.

I hope that helps. If you need any further help, please feel free to get in touch.

Kind regards"



I have replied him with

"Thanks for replying to my email. I would like to ask again that are you really sure that I'm not banned because it states "

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.

As I'm told that
" 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."

Please kindly clarify all these questions

Got a reply

"Regarding the ban, as you say yourself, it says may. If you were to lie again on the next application then the 10 year ban will come into effect. The 320 (7A) is a warning basically."

Emailed back

"But I didn't intend to lie or hide any Information from
UKBA whatsoever and completely misunderstood both questions. And secondly I will provide you with everything (documents - bank statement - CAS ) but I'm afraid now they would reject my visa because it's states

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

Regards"

got email

"You can explain that in the new application and as long as new documents are correct and no more mistakes then there will be no problems.

Remember you were not refused under 320 (7B). If you lie again then you will be refused under 320 (7B)."
The application has been refused for intention to use fraudulent documents. If you submit an application with the same documents then you will be banned for 10 years.

As it stands you have been refused and warned so to speak not to use them again.



It would be really appreciable if you guys clear this out for me and help me out and advise me what is the best for me to do . Is this immigration expert right ? or He is just trying to make me his client. :? :cry:

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

Re: 320(7b) of immigration rules.

Post by noajthan » Wed Nov 16, 2016 4:31 pm

You are dealing with UKVI not UKBA.

Adviser appears quite measured and does not appear to be touting for business unduly.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: 320(7b) of immigration rules.

Post by SyS64786 » Wed Nov 16, 2016 4:36 pm

noajthan wrote:You are dealing with UKVI not UKBA.

Adviser appears quite measured and does not appear to be touting for business unduly.

So i apply for UK tier 4 Visa and explain things to them as Advised by Soclistor . Would i succeed in getting visa again? :|

kind regards

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

Re: 320(7b) of immigration rules.

Post by noajthan » Wed Nov 16, 2016 4:48 pm

SyS64786 wrote:
noajthan wrote:You are dealing with UKVI not UKBA.

Adviser appears quite measured and does not appear to be touting for business unduly.
So i apply for UK tier 4 Visa and explain things to them as Advised by Soclistor . Would i succeed in getting visa again? :|

kind regards
Appears to make sense.

There are no guarantees and noone here (nor even a solicitor) can guarantee 'success'.
And a visa is not a Willie Wonka-style golden ticket; even a visa holder may be turned away at the border.

Suggest draft application extremely carefully after making a practice copy first of all.
Check all questions with a dictionary if necessary so as to be sure you understand them.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: 320(7b) of immigration rules.

Post by SyS64786 » Wed Nov 16, 2016 4:54 pm

noajthan wrote:
SyS64786 wrote:
noajthan wrote:You are dealing with UKVI not UKBA.

Adviser appears quite measured and does not appear to be touting for business unduly.
So i apply for UK tier 4 Visa and explain things to them as Advised by Soclistor . Would i succeed in getting visa again? :|

kind regards
Appears to make sense.

There are no guarantees and noone here (nor even a solicitor) can guarantee 'success'.
And a visa is not a Willie Wonka-style golden ticket; even a visa holder may be turned away at the border.

Suggest draft application extremely carefully after making a practice copy first of all.
Check all questions with a dictionary if necessary so as to be sure you understand them.

And Heaven forbid if they do Reject it . would it be ban for 10 years ? :|

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

Re: 320(7b) of immigration rules.

Post by noajthan » Wed Nov 16, 2016 5:00 pm

SyS64786 wrote:And Heaven forbid if they do Reject it . would it be ban for 10 years ? :|
Stop panicking and focus on making a good clean application.
A refusal under paragraph 320(7b) of immigration rules attracts an automatic refusal of 10 years.
You have not attracted a ban yet.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: 320(7b) of immigration rules.

Post by SyS64786 » Wed Nov 16, 2016 5:15 pm

noajthan wrote:
SyS64786 wrote:And Heaven forbid if they do Reject it . would it be ban for 10 years ? :|
Stop panicking and focus on making a good clean application.
A refusal under paragraph 320(7b) of immigration rules attracts an automatic refusal of 10 years.
You have not attracted a ban yet.

thanks noajthan. I will make sure i don't make any mistakes that i have made earlier .

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: 320(7b) of immigration rules.

Post by vinny » Wed Nov 16, 2016 11:26 pm

You must also convince them that you made innocent mistakes, when you previously answered the questions falsely.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: 320(7b) of immigration rules.

Post by SyS64786 » Thu Nov 17, 2016 3:29 am

vinny wrote:You must also convince them that you made innocent mistakes, when you previously answered the questions falsely.

The height of innocence or (Heedlessness) can greatly be determined from putting travelling dates opposite ( arrival dates instead of departure dates and vice versa ) and sending just "2 pages of bank statement" even though i had more than just £9,135 ( maintenance funds). However, if i fail to prove my innocence to them. would i be ban for 10 Years :?:

Jithu
Newly Registered
Posts: 1
Joined: Sun Nov 26, 2017 10:45 pm
India

Re: 320(7b) of immigration rules.

Post by Jithu » Sun Nov 26, 2017 10:50 pm

I am also facing a similar situation. Curious to know whether your second attempt became success or not.

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