Past-Deception-effect on ILR

[vinny]

320(7B) is only applicable to Leave to Enter or Entry clearance applications. It's not applicable, if they subsequently grant leave following the full knowledge of the breach. It's also not applicable to Leave to Remain applications, including Indefinite Leave to Remain applications.

Moreover, under 320(7B), if you had used deception in support of a Leave to Enter or Entry clearance application, then you face an entry ban of 10 years, unless exempted. However, I believe that for deception in suport of a Leave to Remain application, the period of a re-entry ban is only one year, if you had left the UK voluntary.

[skyer]

Morning Vinny,

Thank you for confirming this so specifically to my case 320(7B) is not applicable because:

1-I am not applying for Leave to Enter or Entry Clearance
2-They had full knowledge of my deception, I ticked Yes to deception still got visa.
3-I never left UK as managed to regularize my stay so believe ban does not apply to me.

Now back to original question, the main question, given all this, where my ILR application stands based on long residence given this deception in the past?

Lots of people here on forum and solicitors have told me it is difficult to get ILR due to deception but it does not even apply to me any more then how it will affect my ILR?


Please could you advise specifically to my case bearing in mind this deception and what happened afterword's?

[skyer]

Just came across this which has confused me as previously it was referring to only Leave to Enter and for Entry Clearance, not Leave to Remain but below also includes Leave to Remain.

What the rules require
The Immigration Rules define fraud and forgery as a form of deception.
If a person submits a document or information with an application which is independently
verified as being forged or not genuine, you must consider refusing entry or leave to remain.
When you have evidence that a person has done this, either as part of their current or
previous application, the Immigration Rules state that you should refuse the application
unless the deception related to an application over 10 years ago.

https://www.gov.uk/government/uploads/s ... _0_ext.pdf

Page 10

[skyer]

Hello Vinny, and other members,

Please could you share your views on this.

Thank you.

[vinny]

Neither 322(2) nor 322(2A) specify a 10-year period.

[skyer]

Vinny,

Thank you, you are right, these rules don't specify 10 years ban.

But I don't know what below guidance is based on but it clearly states that Application for Leave to Remain will be refused where deception was used in previous application. This is really conflicting to rules.

What the rules require
The Immigration Rules define fraud and forgery as a form of deception.
If a person submits a document or information with an application which is independently
verified as being forged or not genuine, you must consider refusing entry or leave to remain.
When you have evidence that a person has done this, either as part of their current or
previous application, the Immigration Rules state that you should refuse the application
unless the deception related to an application over 10 years ago.

https://www.gov.uk/government/uploads/s ... _0_ext.pdf

Page 10

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1-As I declared deception, ticked Yes, Home Office still granted visa, is 320 (7B) removed and no longer applies to me according to below but problem is when I called Home Office recently and told them about this, they said below is Entry Clearance Guidance and not for Leave to Remain, again confusing.

Paragraph 320(7B) does not apply, General Grounds for refusal: page 37,

after a person has breached UK immigration laws, the Home Office have given a visa or leave to enter or remain in the knowledge of that breach – for example, a student who has overstayed but was granted leave to enter following an out of time application

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

[skyer]

Vinny,

Thank you, you are right, these rules don't specify 10 years ban.

But I don't know what below guidance is based on but it clearly states that Application for Leave to Remain will be refused where deception was used in previous application. This is really conflicting to rules.

What the rules require
The Immigration Rules define fraud and forgery as a form of deception.
If a person submits a document or information with an application which is independently
verified as being forged or not genuine, you must consider refusing entry or leave to remain.
When you have evidence that a person has done this, either as part of their current or
previous application, the Immigration Rules state that you should refuse the application
unless the deception related to an application over 10 years ago.

https://www.gov.uk/government/uploads/s ... _0_ext.pdf

Page 10

---------------------------------------------------------------------------------------------------------------------



1-As I declared deception, ticked Yes, Home Office still granted visa, is 320 (7B) removed and no longer applies to me according to below but problem is when I called Home Office recently and told them about this, they said below is Entry Clearance Guidance and not for Leave to Remain, again confusing.

Paragraph 320(7B) does not apply, General Grounds for refusal: page 37,

after a person has breached UK immigration laws, the Home Office have given a visa or leave to enter or remain in the knowledge of that breach – for example, a student who has overstayed but was granted leave to enter following an out of time application

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

Hello Vinny, and other members,

Please could you comment on this.

Thank you.

[vinny]

Thank you, you are right, these rules don't specify 10 years ban.

But I don't know what below guidance is based on but it clearly states that Application for Leave to Remain will be refused where deception was used in previous application. This is really conflicting to rules.

Be aware that the Rules trumps the Guidance.

[skyer]

Thank you, you are right, these rules don't specify 10 years ban.

But I don't know what below guidance is based on but it clearly states that Application for Leave to Remain will be refused where deception was used in previous application. This is really conflicting to rules.

Be aware that the Rules trumps the Guidance.

Morning Vinny,

Sorry, I am not able to understand how they are relevant to my case. I looked through these and can not find any thing relevant to deception or relevant to this case.

[vinny]

Neither 322(2) nor 322(2A) specify a 10-year period.

[HKLodhi]

Thank you, you are right, these rules don't specify 10 years ban.

But I don't know what below guidance is based on but it clearly states that Application for Leave to Remain will be refused where deception was used in previous application. This is really conflicting to rules.

Be aware that the Rules trumps the Guidance.

Morning Vinny,

Sorry, I am not able to understand how they are relevant to my case. I looked through these and can not find any thing relevant to deception or relevant to this case.

Hi Skyer - did you apply for ILR and did you get it?

[shahid78]

Thank you, you are right, these rules don't specify 10 years ban.

But I don't know what below guidance is based on but it clearly states that Application for Leave to Remain will be refused where deception was used in previous application. This is really conflicting to rules.

Be aware that the Rules trumps the Guidance.

Morning Vinny,

Sorry, I am not able to understand how they are relevant to my case. I looked through these and can not find any thing relevant to deception or relevant to this case.

Hi Skyer - did you apply for ILR and did you get it?

Could u tell that u got PSW on fake docs but when u switched to tier1 general did u submit a proper degree mean a valid master degree from uk, if yes then u will b ok.

[Wanderer]

Be aware that the Rules trumps the Guidance.

Morning Vinny,

Sorry, I am not able to understand how they are relevant to my case. I looked through these and can not find any thing relevant to deception or relevant to this case.

Hi Skyer - did you apply for ILR and did you get it?

Could u tell that u got PSW on bad quality docs but when u switched to tier1 general did u submit a proper degree mean a valid master degree from uk, if yes then u will b ok.

What?

[sanjeevan.05]

Hi,

Just wanted to check if HO approves your visa after deception, does it stay on your profile or it over rules it. In my case they refuse visa due to deception but when I did PAP, they reconsidered the application and approved on pragmatic basis. Does it mean the deception will stay on my profile and during my next application they can say I have used deception in the past or because they have approved the visa it clears deception from my case

Thanks