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DECEPTION

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

Please use this section of the board if there is no specific section for your query.

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surat
Newly Registered
Posts: 4
Joined: Wed Nov 21, 2012 10:42 pm

DECEPTION

Post by surat » Thu Nov 22, 2012 12:00 am

hello there.

I am seeking a knowledgeable reply to my query from any body who knows the immigration legislation and Paragraphs specially regarding 320 (7b), 320 (7A) and 322 (IA).

Actually my leave to remain application is refused by home office as i was switching from one gatagory to another on the basis of Providing false information and furthermore using deception.

The home office case worker refusal letter states:

As false representation and documents have been submitted in relation to your application, it is refused under paragraph 322(IA), of the immigration rules. For the above reason i am also satisfied you have used deception in this application. This means any future applications for entry clearance or leave to remain will be refused under paragraph 320(7b) of the immigration rules for

> 1 year if i leave voluntarily
>5 years if i leave by government's expence
>10 years if i get deported.

Now as far i know there is 10 years bar for using deception. But Home Office did not mention any 10 years bar. it is straight forward that a 1 year bar will apply to me if i leave voluntarily.

is 10 years bar considered for Entry clearance application and if LTR application is refused under 320(7A) ?

I am delighted to see this refusal letter which states only 1 year bar and it means i can challenge their decision if they refuse my visa after 1 year as there is no point for 10 year bar here.

Your reply would help me clear out this confusion


Bundle of thanks

Regards
_________________
honest gentleman.

Ted
Member
Posts: 109
Joined: Sun Sep 16, 2012 5:13 pm

Re: DECEPTION

Post by Ted » Thu Nov 22, 2012 4:50 am

surat wrote: I am delighted to see this refusal letter which states only 1 year bar and it means i can challenge their decision if they refuse my visa after 1 year as there is no point for 10 year bar here.
_________
honest gentleman.
You lied on your application, and now you are happy that you get another chance to lie and also challenge the decision and now you want advice from this forum on how you can successfully challenge your lies!

Maybe its time to be honest?

Deviser
Senior Member
Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Re: DECEPTION

Post by Deviser » Thu Nov 22, 2012 1:37 pm

You are forgetting the real horrible clause 320(11) for Immigration Offenders.

Either you leave UK voluntarily and re-apply after one year, they will keep refusing your all future visa application with 320(11) until you die.

In reality, by this one-year ban, they just luring and encourage immigrants to leave UK voluntarily. They will not let you enter easily in UK again on any visa, probably never!

I have seen 100z of cases where student was totally innocent but they did not provide them visa after serving one-year ban. Many of them made several applications but still unsuccessful and just faced heavy financial loss in account of CAS deposit and visa fee. If you were really inncoent and can afford, the visa is only possible after Judicial Review. Even I know 3 pending cases where visa application been refused on 320(11). Now 2 waiting for Admin Review and one waiting for Judicial Review.

If you are still in UK, I will strongly suggest that resolve this issue in-country with the help of any good lawyer, if possible.
surat wrote:hello there.

I am seeking a knowledgeable reply to my query from any body who knows the immigration legislation and Paragraphs specially regarding 320 (7b), 320 (7A) and 322 (IA).

Actually my leave to remain application is refused by home office as i was switching from one gatagory to another on the basis of Providing false information and furthermore using deception.

The home office case worker refusal letter states:

As false representation and documents have been submitted in relation to your application, it is refused under paragraph 322(IA), of the immigration rules. For the above reason i am also satisfied you have used deception in this application. This means any future applications for entry clearance or leave to remain will be refused under paragraph 320(7b) of the immigration rules for

> 1 year if i leave voluntarily
>5 years if i leave by government's expence
>10 years if i get deported.

Now as far i know there is 10 years bar for using deception. But Home Office did not mention any 10 years bar. it is straight forward that a 1 year bar will apply to me if i leave voluntarily.

is 10 years bar considered for Entry clearance application and if LTR application is refused under 320(7A) ?

I am delighted to see this refusal letter which states only 1 year bar and it means i can challenge their decision if they refuse my visa after 1 year as there is no point for 10 year bar here.

Your reply would help me clear out this confusion


Bundle of thanks

Regards
_________________
honest gentleman.

surat
Newly Registered
Posts: 4
Joined: Wed Nov 21, 2012 10:42 pm

Re: DECEPTION

Post by surat » Thu Nov 22, 2012 2:53 pm

Ted wrote:
surat wrote: I am delighted to see this refusal letter which states only 1 year bar and it means i can challenge their decision if they refuse my visa after 1 year as there is no point for 10 year bar here.
_________
honest gentleman.
You lied on your application, and now you are happy that you get another chance to lie and also challenge the decision and now you want advice from this forum on how you can successfully challenge your lies!

Maybe its time to be honest?
I didn't lied i provided 3rd party documents which according them they verified and and found false. But the home office have accepted that the documents are genuine in my first tier appeal. but they failed to say if they are genuine how come i got them with out 3rd party approval.

The judge also made an error of law in deciding the outcome of my appeal so now i have applied for permission to appeal to upper tribunal on that error of law through solicitor. i don't want any visa nor can i get it but i just want to remove the accusation of false documents.

surat
Newly Registered
Posts: 4
Joined: Wed Nov 21, 2012 10:42 pm

Re: DECEPTION

Post by surat » Thu Nov 22, 2012 3:03 pm

Deviser wrote:You are forgetting the real horrible clause 320(11) for Immigration Offenders.

Either you leave UK voluntarily and re-apply after one year, they will keep refusing your all future visa application with 320(11) until you die.

In reality, by this one-year ban, they just luring and encourage immigrants to leave UK voluntarily. They will not let you enter easily in UK again on any visa, probably never!

I have seen 100z of cases where student was totally innocent but they did not provide them visa after serving one-year ban. Many of them made several applications but still unsuccessful and just faced heavy financial loss in account of CAS deposit and visa fee. If you were really inncoent and can afford, the visa is only possible after Judicial Review. Even I know 3 pending cases where visa application been refused on 320(11). Now 2 waiting for Admin Review and one waiting for Judicial Review.

If you are still in UK, I will strongly suggest that resolve this issue in-country with the help of any good lawyer, if possible.
surat wrote:hello there.

I am seeking a knowledgeable reply to my query from any body who knows the immigration legislation and Paragraphs specially regarding 320 (7b), 320 (7A) and 322 (IA).

Actually my leave to remain application is refused by home office as i was switching from one gatagory to another on the basis of Providing false information and furthermore using deception.

The home office case worker refusal letter states:

As false representation and documents have been submitted in relation to your application, it is refused under paragraph 322(IA), of the immigration rules. For the above reason i am also satisfied you have used deception in this application. This means any future applications for entry clearance or leave to remain will be refused under paragraph 320(7b) of the immigration rules for

> 1 year if i leave voluntarily
>5 years if i leave by government's expence
>10 years if i get deported.

Now as far i know there is 10 years bar for using deception. But Home Office did not mention any 10 years bar. it is straight forward that a 1 year bar will apply to me if i leave voluntarily.

is 10 years bar considered for Entry clearance application and if LTR application is refused under 320(7A) ?

I am delighted to see this refusal letter which states only 1 year bar and it means i can challenge their decision if they refuse my visa after 1 year as there is no point for 10 year bar here.

Your reply would help me clear out this confusion


Bundle of thanks

Regards
_________________
honest gentleman.
My application is not refused under paragraph 320(11) its refused under 322(IA) and 320(7b) only. I don't want a visa. I want to remove false documents tag from me. Bcoz HO lawyer accepted that in firt tier tribunal appeal that bank statment from 3rd party is not false it was orginal statment only issued at the consent of the account holder but 3rd party was contacted through bank manager and he said she does not support my application. She wasn't contacted independently and also HO said there is an email as a proof from sponsor i.e. 3rd party confirming she does not know me. But HO has thrased that proof to my surprise. So there is no clear evidence about her confirming she does not know me. But the judge at first tier tribunal made an error of law and he said HO was right in refusing my application under 322(IA) as false documents has been submitted with or with out knowledge of applicant.

Now as i said above. the documents are not false. so how come he say documents are false. Yes they couldn't verify it properly and also they have thrashed an email from bank manager which they claim sponsor has sent to bank manager that he does not know me. my lawyer raised question where is that email and why HO thrashed it plus they also accept that bank statement is genuine. So hopefully i will get another chance at upper tribunal to clear that further and hopefully with a success.

Regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: DECEPTION

Post by geriatrix » Thu Nov 22, 2012 4:16 pm

surat wrote:I want to remove false documents tag from me.
Then the only recourse for you is the legal one.

By being granted a visa (whether you need it or not or whether you will travel to UK or not) will not remove that tag from you. That tag will alway remain ... unless removed in a court of law.
Life isn't fair, but you can be!

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