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Tier 1 Post study work visa refused under paragraph 320(7B)

General UK immigration & work permits; don't post job search or family related topics!

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mshahid79
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Tier 1 Post study work visa refused under paragraph 320(7B)

Post by mshahid79 » Tue May 02, 2017 10:22 pm

Dear Experts,

Please guide me as i had visa refusal in feb 2009 under 320(7B). Since i left voluntarily in same month. Now i want to apply entry clearance as visitor visa. Will this rule 320(7B) still make problem in my new application?

Awaiting your advice in this regard.

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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by CR001 » Tue May 02, 2017 10:29 pm

What were the reasons for refusal that resulted in the 320 7B??
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mshahid79
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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by mshahid79 » Tue May 02, 2017 10:36 pm

Thanks CR001 to read my subject.

Reasons of refusal were deception of false qualification documentation provided as i had dispute with my college and they did not verify my document. I had no money too pursue and i left UK on my own expenses.

mshahid79
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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by mshahid79 » Tue May 02, 2017 10:51 pm

Dear Experts,

Please please help and give me any update on this subject. If anyone have similar case what was the steps he/she taken to get entry clearance after this 320(7B)

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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by vinny » Tue May 02, 2017 11:11 pm

Strange. A refusal under 320(7B) is only applicable for entry clearances applications.

Where were you when they refused? If you had applied in the UK, then the refusal should have been under 322.

This ban periods of further refusals is different between these two cases.
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mshahid79
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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by mshahid79 » Tue May 02, 2017 11:35 pm

Thanks Vinny. Yes you were right 322(1A)

I was in UK that time when refused my psw. Then I left voluntarily and never applied visa. Now I am afraid if I apply UK business Visa or visit visa that 320(7B) will effect entry clearance. For question any time refuse visa what should I write yes or no.

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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by vinny » Tue May 02, 2017 11:43 pm

The previous refusal shouldn't affect your current application. However, to be on the safe side, you should declare it.
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mshahid79
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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by mshahid79 » Wed May 03, 2017 4:40 am

Thank you Vinny for advice about declaration.

I want actually business visa through my current employer I did not declare them I had refusal before. Now I am afraid if I got entry clearance refusal because of that clause, I shall get fired or insulted a lot from seniors, as I am working on top management level. To be honest I need some way/advice from you experts what should I do about declaration in new application after 8 years of my voluntarily exit from UK.

Awaiting your others opinion. Please if any solicitor reading my post, tell me your best advice to get rid of my that dark past from travel history point of view.

mshahid79
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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by mshahid79 » Wed May 03, 2017 7:27 am

Dear Moderators

Please review my post and give me your expert opinions. My current career is on stake because of that bad event happened to me in 2008 end. If i can not get visa for my work purpose may be i shall get fired as of poor travel history. Can some one tell me ban period start from which date? I assume my ban period for new application finished off already, as i left UK voluntarily in 2009.

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Re: Tier 1 Post study work visa refused under paragraph 320(

Post by marcnath » Mon Jun 26, 2017 6:38 pm

mshahid79 wrote:Dear Moderators

Please review my post and give me your expert opinions. My current career is on stake because of that bad event happened to me in 2008 end. If i can not get visa for my work purpose may be i shall get fired as of poor travel history. Can some one tell me ban period start from which date? I assume my ban period for new application finished off already, as i left UK voluntarily in 2009.
Actually, in my personal opinion, your problem was not what happened in 2008/2009, but what you did in 2017 in terms of your application. Not declaring the 2008/2009 refusal means you now fall foul of 322 (7A). And if that happens, then you are impacted for another 10 years.

On the other hand, you are so close to the 10 year limit on 322 (7B)(d) and you might have been better off declaring that and asking for a waiver on the basis of the fact that it was not necessarily deliberate deception, you left on your own costs, have not tried to enter since then, you are now applying on business reasons, etc.

Even if you get the VIsa, you still run the risk that it will show up when you actually land up in the UK.

You are in a tough situation, but maybe your employers would be more understanding. I would recommend you still try to update your application (I am not sure how you can do that) now and inform UKVI of the history and take the risk.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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