Tier 2 Challenging 320 7a? Is it worth it?

[purplepotato]

I am a US citizen and was denied a Tier 2 work visa due to perceived deception-- I hired a lawyer to help my case because it truly was an honest mistake. I am going to be doing an administrative review and already had a flight booked to the UK. I decided that I wanted to use my flight to visit the UK since I did not need to submit my passport and US citizens are allowed to visit without applying for a visa. Does anyone have experience visiting the UK during an administrative review? My lawyer stated that I am allowed but I may be questioned upon arrival and I wanted to see if anyone has had experiences with this?

Thank you.

[vinny]

It's likely that you are currently banned from entering the UK for at least 10 years under 320(7B), unless the deception charges are reversed.

[purplepotato]

I've gotten myself into a bit of a mess due to careless errors. I have severe ADHD and was switching medications during the time of my visa application. I was accused of deception under 320 7a and I'm not sure what to do because it looks very bad.
The mistakes follow:

1. I changed my full name recently. I entered my old name in the online application text box, then clicked that I did not go by any other name-- because I thought I wrote my old name in the text box. I paid for premium service thinking they would check my application and I did not check it myself. My old name did not print. They thought I was hiding my old identity.

2. I thought I did not complete a UK visa application in 2007, but apparently I did and it was refused. I have an email from 2010 in which I state that my application was incomplete and then I forgot about it because I took a job in the US. They thought I was trying to hide that I was denied.

3. I entered the information from my last passport (this one stated my old name), but I did not enter information from the passport before that (the one I had in 2007) because I don't have it and didn't think I needed to list ALL the passports I ever had.

I know the truth, that I made innocent mistakes, but the Home Office denied my administrative review-- they upheld the deception decision. I accept that I messed up and simply want to show that I was not trying to deceive. That said, I have a few questions:

1. Is there a way to challenge just 320 7a? I can accept that I was denied entry, but I cannot accept that I was dishonest and do not want to be banned for 10 years.

2. If I go to judicial review, will the Home Office go after me to repay the money they spent in legal fees? I read that the party that loses the case has to pay the fees sometimes.

3. I heard that if I reapply, they may simply view this as a new case... or they may decide to automatically deny and ban me under 320 7b. Has anyone been successful reapplying after a huge mess? I'm not sure if 320 7a essentially means I am banned if I try again.

4. What are the consequences of not not a judicial review (or reapplication) to challenge this vs failing at the judicial review (or reapplication)?

5. What advice do you have because lawyers and home office have said different things so I don't know who to believe?

Thank you!

[Frontier Mole]

Given the circumstances you have outlined there is virtually zero chance of success with a JR. I doubt it will even get to a hearing. Your mistakes are many and serious and beyond any credible explanation that would convince a JR court. By all means go down that road but be very aware it is a lawyers dream ticket to have a client to fleece on a no hope case.

As for new application - waste of time. You will get a mandatory refusal for 10 years.

[purplepotato]

Thanks for the replies. Is there anything other than a JR or new application that I can do?

More importantly, am I still allowed to visit? During my admin review, they allowed me to visit for one month because they believed I was telling the truth at the airport. I read somewhere that a ban isn’t given if another visa application is successful,and I learned that at the airport you are essentially applying for a visa on the spot.

Thanks!

[purplepotato]

I’m very confused because I was allowed to travel but given a limit on my travel to one month. I was detained and they determined that I was telling the truth and not a risk. I left when I was supposed to and lost my admin review. Now I’m confused because if I am banned, why was I able to get in? Does this mean I’m not actually banned or was I just incredibly lucky and that will never happen again?

It's likely that you are currently banned from entering the UK for at least 10 years under 320(7B), unless the deception charges are reversed.

[Frontier Mole]

You traveled while subject to an appeal. You were given a huge concession on arrival as they should have sent you back there and then. Beyond lucky. As for believing your story... I doubt that. They probably thought let the AR go through the motions and thereafter the ban will come into place.
Your ban is now fully in place and any attempts to enter the UK will be denied. You will also receive a mandatory refusal for all subsequent visa applications for 10 years.
There is only one route to overturn this and that is JR. iMHO a futile exercise.

[purplepotato]

Thanks, FM. So the reason I visited twice this year is because I have been involved with someone. If we someday decided to get married, how likely is it that they would grant the visa rather than deny it because they see me as unfit or frustrating the system? Is there any way I can prove I made honest mistakes?

Also, should I contact home office to answer questions or would they just refer me back to the website? I can’t seem to talk to reach anyone who can help or would even listen.

[deepakkalra5]

i might get banned for recommending the full name but i feel your pain man. love can make us do stupid things.

Edited by moderator

Sorry C001 for this.

[CR001]

i might get banned for recommending the full name but i feel your pain man. love can make us do stupid things.

Edited by moderator

Sorry C001 for this.

Then why knowingly flout the forum rules. Stop being silly and posting cryptic messages and stick to the rules.

The OP in this case has made a series of mistakes and the advice provided by FrontierMole is as accurate as the OP will get.

[deepakkalra5]

Clearly sir you have not been in love. if you are afraid of getting sued then allow private messages. clearly the guy can use all the help he can get.

[Casa]

A Spouse Settlement visa stands to be refused under 302(7b). You would have to prove that you were unaware your statements in a previous application were false, which in your AR you have failed to do.

https://www.gov.uk/government/publicati ... 20#header4

[Casa]

Clearly sir you have not been in love. if you are afraid of getting sued then allow private messages. clearly the guy can use all the help he can get.

Far from bullying, CR001 (not a Sir) is asking you to respect the Board's Ts&Cs, which you were required to read when registering.

Private messages as exactly that..private.
Members only have the privilege of the PM facility when they have contributed 30 posts and complied with the forum rules,

[Wanderer]

Clearly sir you have not been in love. if you are afraid of getting sued then allow private messages. clearly the guy can use all the help he can get.

Love is fleeting emotion without the substance on it's own worthy of throwing a visa at. The UKVI and other nations' equivalents look for something more substantive, and quite rightly.

If being in love was the only criteria for the granting for LTR then the UK would be full of dopey kids thinking they can build a relationship with someone on Facebook and live happily ever after and in 'in love'.

I'm certain in a lot of these cases the main love interest is the visa, not the person.

[deepakkalra5]

My God, I cannot believe you two. While i have respect for the free service you provide, CASAs advise is clearly wrong per his own link which states that

"Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:"

Also he stands accused of ommission not forgery and clearly the link says this is a grey area. In fact there is even a flow chart which says that such cases should be considered for an interview which he didnt have.

Clearly, he has a chance. Now granted i am not a lawyer but the law firm i quoted is hands down top notch and hired by the best banks in UK. Let them help this guy. Allow me to message him privately. What do you people have to loose unless you are lawyers yourself and this firm will impinge on your potential client? Or you can message him yourself, i have no conflicts of interest.

Lastly, the link is also full of concessions based on compassion and again as an amateur i will argue love falls under that category.

[purplepotato]

Deepakkalra5, thank you for your support. It’s been incredibly hard to believe that this is happening and it’s nice to feel understood by someone at least. I had no idea that harmless errors could have such severe consequences.

[deepakkalra5]

Hang in there man. A good law firm can make all the difference. The law firm that I quoted for you can do miracles - a friends elderly mother's visit visa was rejected. These guys not only got her a 10 year visa but an apology letter from the Home Office too.