PBS dependent visa after deception

[rsrameshsunil]

Sorry for very simple query. I have tried to look through the rules for the answer but felt a bit confusing to interpret. Could some one with the knowledge please give me a straight forward answer for the same please?

one of my friend is in the UK under Tier 1 entrepreneur. His gf was under student visa in the UK and later her student extension visa was refused due to deception. I assume there will be a 10 year ban for entry clearance. Now if she goes back to the home country, can my friend bring her back to UK as a PBS dependent after marrying her there in the home country.

[Amber]

Family member applications (i.e. deps) should not be subject to 320(7B) - a e.g. a 10 year ban, bur rather the suitability requirement S-EC (click) also for 320(11) whether there was any aggravating factors to the deception.

[vinny]

Unfortunately, PBS dependants are not family members under Appendix FM. Therefore, 320(7B) may still be applicable.

However, a ten year ban should not applicable as the deception was not in connection with an entry clearance application. The ban period may be one year.

[Amber]

My bad, I was giving Paragraph A320 much wider reach than Appendix FM.

[rsrameshsunil]

Unfortunately, PBS dependants are not family members under Appendix FM. Therefore, 320(7B) may still be applicable.

However, a ten year ban should not applicable as the deception was not in connection with an entry clearance application. The ban period may be one year.

THanks vinny for the info. Much appreciated. You were saying that a 10 year ban may not be applicable but just 1 year as deception was not made in entry clearance application. Could you please direct me the clause in the rules if you dont mind where it says it applies only for entry clearance applications.
I am just seeing everywhere it says entry clearance or leave to remain.

[rsrameshsunil]

Unfortunately, PBS dependants are not family members under Appendix FM. Therefore, 320(7B) may still be applicable.

However, a ten year ban should not applicable as the deception was not in connection with an entry clearance application. The ban period may be one year.

THanks vinny for the info. Much appreciated. You were saying that a 10 year ban may not be applicable but just 1 year as deception was not made in entry clearance application. Could you please direct me the clause in the rules if you dont mind where it says it applies only for entry clearance applications.
I am just seeing everywhere it says entry clearance or leave to remain.
i.e.

"Subject to paragraph A320 (see RFL5.4), an application can be refused when you have evidence that an applicant has overstayed, breached a condition attached to their leave, accepted a conditional caution, was an illegal entrant or used deception in an entry clearance, leave to enter or remain application (whether successful or not)."

[vinny]

320(7B)(ii) only refers to deception relating to entry clearance applications.