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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2149
Experience:  I am a qualified solicitor and an expert in UK law.
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I applied to the Entry Clearance Commission (UKBA) for a Tier

Resolved Question:

I applied to the Entry Clearance Commission (UKBA) for a Tier 4 visa. My intensions were genuine. I paid my full fees and obtained a CAS from an ‘A’ rated Tier 4 sponsor. But i used a FAKE BANK STATEMENT. the UKBA verified it as false, therefore refused my application under paragraph 320 (7A) of the HC395 as quoted in the relevant Immigration Rules.
Can i still re-apply for a tier 4 visa or have i been banned?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

Have the UKBA stated anything in the refusal letter?

 

Kind regards

Customer: replied 2 years ago.

Yes, below is an abstract of the refusal letter:


“...I therefore refuse your application under paragraph 320 (7A) of the HC395 as quoted in the relevant Immigration Rules paragraph of this notice above. I also refuse you under paragraph 245ZV(a) of HC395 of the Immigration Rules.


You should note that because this application for entry clearance has been refused under paragraph 320(7A) of the Immigration Rules, any future applications may also be refused under paragraph 320(7B) of the Immigration Rules, (subject to the requirements set out in paragraph 320 (7C).


A refusal under paragraph 320 (7B) of the Immigration Rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or submission of falsified documents or information was employed.”
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

What paragraph 320 (7)(a) states is that your application will be used if you have used deception. Now if you submit an application again what paragraph 320(7)(b) states is that if you have previously used deception then you application should be refused an you will be banned from applying for 10 years.

 

Therefore, unless you can send documents to the UKBA to state that you did not intend to submit false documents, if you submit a fresh application your application will be refused and you will be banned from submitting any application for 10 years.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

Customer: replied 2 years ago.
thanks for your reply. please clarify me: what kind of documents do i need to submit to prove "that i didn't intend to submit false document"?
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

That would only be the case if you submitted your application through an agent etc. But in your case it does not seem to be relevant I am afraid.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

 

UK_Lawyer, Solicitor
Satisfied Customers: 2149
Experience: I am a qualified solicitor and an expert in UK law.
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