Refused under 320(7b)

[Loki234]

Hi. I have been sponsored for a job in the UK and when I applied for my application it came back as refused because I did not submit fingerprints with my police check. The letter said that I could get refused for 10 years because I used deception. But it was an honest mistake. What can I do? Is this reversable? What are my options. Help please. Thanks from Canada.

[CR001]

What visa exactly did you apply for and what were the exact words of the refusal letter (taking out personal info)?

[Loki234]

Hi. Thanks for replying. I applied for a Tier 2 general visa. And the exact words were 'you were asked to provide a police certificate that met the requirements outlined in the guidance. You have provided a regional police certificate that did not require you to provide fingerprints. Therefore the certificate provided does not meet the requirements and I have refused your application.
Goes on to say 'you do not meet all requirements under section 245HB of immigration rules.
'I am refusing you entry clearance under 320(7b) of the immigration rules. Any future application may also be refused for the same reason under 320(7b) until March 2027.
Now it says I can put in a review if I think the decision is incorrect. Can I do that successfully?
I did not read the police criteria fully and thought it was a simple police check (as this is what was required on Tier5). Will I be successful if I do a review? Can I submit them now and show that there was no deception as it was an innocent mistake. Thanks

[vinny]

IMHO, failing to comply with a fingerprint requirement is not deception.

Moreover,

When you apply for a Criminal Record or Vulnerable Sector (VS) check, you may be required to give the police service or an accredited fingerprinting company a copy of your fingerprints. The fingerprints are only used by the RCMP to confirm your identity. After completion of service, they are destroyed. They are not kept nor searched for other purposes.

I think that it's deception only if the UKVI can prove that you are not who you say you are, i.e. When there is Identity fraud?

If you are able to include a new police certificate with fingerprints checks with your AR, then this may strengthen your arguments.

[Loki234]

Thank you! So I can submit new evidence with the AR? That is great news. Hoping it will go through this time.

[vinny]

So I can submit new evidence with the AR?

Yes, to refute deception allegations.

[Loki234]

Thank you for the information. If the review is successful, do I need to apply again with a new application or am I granted the visa right away?

[vinny]

It depends on the review decision.

[Loki234]

Hi everyone. Thanks for all the help. I got the decision of the review today. Now I am a bit confused, as in the original refusal letter it stated if refused under 320(7b) I am able to provide new documents, which I did. However, the new refusal letter says that I should not have done that and that the refusal stands on section 245HB and the 320B has been revoked because of errors. Why did they not accept my new documents when the original refusal letter said that I could have? Help please. What do I do now?

[CR001]

Based on what you are stating (you didn't type the whole refusal letter so anything is really a guess from us), you could submit evidence for the 3207B deception part of the refusal but not the 245HB part. So they have removed the 'deception' against you but not the 245HB refusal.

Vinny did advise this already in October about the deception part.

So I can submit new evidence with the AR?

Yes, to refute deception allegations.

[Loki234]

Hi. Thanks for your comment. I have a fee more questions if anyone can answer them.
Can I apply for the Tier 2 visa again ?
Can I visit the UK as a tourist ? (I am from Canada) or will this visa refusal impact it?

[Loki234]

Hi. Thanks for your comment. I have a few more questions



You
I applied under Tier2 visa and was sponsored. However, I had submitted the wrong police report and was refused under 320(7B). I sent in an administrative review and was refused again. However the 320(7B) was revoked and my application was refused under 245HB. My question is can I apply for a fiance visa since my fiance is in the UK? Can I travel to the UK as a tourist or will this impact my travel? (I am from Canada so no tourist visa is needed). And last, if my workplace agrees to sponsor me again can I apply for another Tier2 visa? Thanks

[CR001]

My question is can I apply for a fiance visa since my fiance is in the UK?

Is your fiance British? How long have you been in a relationship?

Can I travel to the UK as a tourist or will this impact my travel? (I am from Canada so no tourist visa is needed).

You do need a tourist visa, you just get it on arrival. Given you have a recent refusal, you might not be allowed entry to the UK?

And last, if my workplace agrees to sponsor me again can I apply for another Tier2 visa?

Yes, if you meet the requirements and apply from home country.

[Loki234]

Hi. Thank you for your answers.
He is British and We have been together for 1.5 years now. We have just recently gotten engaged.

Is there anyway I can avoid being refused a tourist visa on arrival?

Thanks

[Loki234]

Hi again.
I have something that I need to clarify before I submit another application under Tier 2. I’m unable to post the letter. However, the letter states that my old refusal was revoked but there are amended reasons for refusal. And than it goes on to state that refusal was correct under 245HB(q) because of incorrect police check.
But I never got a letter stating the new refusal reasons. How can I find this out before applying?
I tried calling/emailing but have not heard anything back. Anyone know what this means? Or can I just go ahead and apply again or do I need to wait to hear from them again? Does the new refusal get mailed to my home or should it have been in the email?
This is so frustrating as I have been going back and forth for sometime now.
I cannot find an answer anywhere online. Can anyone help with this?? Thanks

[CR001]

If you were originally refused under 245HB, then the same original refusal still stands and is valid. It is only the 'deception' that has been removed. Simply apply again addressing the reasons for refusal by submitting the required documents. You are overthinking this a bit.

245HB. Requirements for entry clearance

(q) Where the applicant is applying as a Tier 2 (General) Migrant, is 18 years of age or older and the job that the Certificate of Sponsorship Checking Service entry records that they are being sponsored to do is in one of the occupation codes listed below, the applicant must provide either an original or scanned copy of a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.
1181 - Health services and public health managers and directors
1184 - Social services managers and directors
2211 - Medical practitioners
2212 - Psychologists
2213 - Pharmacists
2214 - Ophthalmic opticians
2215 - Dental practitioners
2217 - Medical radiographers
2218 - Podiatrists
2219 - Health professionals not elsewhere classified.
2221 - Physiotherapists
2222 - Occupational therapists
2223 - Speech and language therapists
2229 - Therapy professionals not elsewhere classified
2231 - Nurses
2232 - Midwives
2312 - Further education teaching professionals
2314 - Secondary education teaching professionals
2315 - Primary and nursery education teaching professionals
2316 - Special needs education teaching professionals
2317 - Senior professionals of educational establishments
2318 - Education advisers and school inspectors
2319 - Teaching and other educational professionals not elsewhere classified
2442 - Social workers
2443 - Probation officers
2449 - Welfare professionals not elsewhere classified.

[Loki234]

Thanks. I think you are right. But the lawyer my employer hired to do this application is making me wait so I am trying to look for ways to speed up the process!
Thanks again. I think I will try and convince him to apply again.