How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex Hughes Your Own Question

Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2434
Experience:  Partner in national law firm with 25 years legal experience
30932268
Type Your UK Immigration Law Question Here...
Alex Hughes is online now
A new question is answered every 9 seconds

I am Egyptian have 52 years old ,working as General manager

Customer Question

I am Egyptian have 52 years old ,working as General manager in Balsharaf trading group in Riyadh-KSA and live as expatriot with my family in KSA SINCE 1992 . I have two sons studying in British school in Riyadh , the elder joined " City University " in London , studying Electrical and Electronic Engineering since Oct. 2012 . myself , mywife and my younger son had applied for UK embassy in Riyadh for Clearance to enter UK . Our Clearance had been refused by the embassy on the basis : I did not mentione in the application that we have no relatives or friends in UK , also my mail address was the agent mail address who made the application for me and not my personal mail address and we intented to visit UK for tourism , and our application refused in line with paragraph 320 (7A)of the immigration Rules of UK . Please advise what we can do to visit our son in UK and how can we re-apply for Entry clearance to visit UK ?


( It is mentioned in the Refusal of entry clearance : Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality , Immigration and Asylum Act 2002 (www.legislation.gov.uk) .

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

What date was the decision made?

Customer: replied 1 year ago.


Dear Alex,


 


Date of Refusal : 25/03/2013


I can send you the scanned refusal letter if you provide me with E-mail address or via WhatsApp . via phone number .


 


 

Expert:  Alex Hughes replied 1 year ago.
Thanks for the additional information. We can only communicate via this site.

Under the Immigration Rules, Paragraph 320 (7A) gives UKBA power to refuse an application where

“…false representations have been made or false documents or information has been submitted …or material facts have not been disclosed, in relation to the application”

A false representation for these purposes is a lie, or a false statement in a visa application, made either orally or in writing.

However, if this was an innocent mistake then sub paragraph (7A) will not apply. You could argue that although the statement in the application was false for the purposes of 320 (7A). Instead it should properly be described as a mistake.

However, in the face of the stark wording of the actual text of sub paragraph (7A), this would be at best a first line of defence but it would not be wise to rely upon this alone.

You ought to also rely on human rights grounds namely right to private and family life. Refusing an application to visit your son would be in breach of this right.

As you are seeking to visit the United Kingdom to see a “family member”, it can be argued that there would be an interference with your right to family life by refusing the opportunity to visit. It can then be submitted that the mistakes made with the e-mail address and information about other relatives is immaterial as the sole purpose of the visit is to see your son.

You can also argue that in light of the human rights issue reliance on 320 (7A) would be disproportionate to the legitimate aims of Immigration Control.

Finally, even if it suggested that the information in the application was present “intentionally” rather than “accidentally” or “by mistake” – the consequences of a ban entering the UK would have severe consequences. It would mean that under paragraph 320 (7B) you would not be able to enter the UK for a very long time thus depriving the opportunity to visit and support your son through his studies.

This will be a highly relevant consideration for the degree of interference with family life which is likely to follow from the refusal, and the proportionality of that interference.

As the decision was made very recently you should ask for a review based on the factors mentioned above namely (a) honest mistake and (b) violation of human rights. If the review is unsuccessful you will have to consider an appealing their decision to the Immigration Tribunal Service in London.

I hope this helps. Please remember to rate my answer and I will be happy to assist further.

Alex

Customer: replied 1 year ago.

Dear Alex, Thanks for your advise , Please be informed that I mentioned in the application purpose to visit UK : is Tourism and not visiting my son , now Shall I re-apply on line for UK Entry clearance via the UK embassy in Riyadh and send them all related documents to the presence of my son in UK ? with all correct information.


 


Is it advisable that I have to write down a letter ( separate from re-application )to the UKBA in Riyadh explaining and driving my defence as indicated in your above mentioned feed back ?


 

Expert:  Alex Hughes replied 1 year ago.
Thanks for the additional information. I assumed your original application was for the purpose of visiting your son. I apologise for my error.

You can make a fresh application but it will probably be refused due to the 320(7A) decision. It would be better to appeal the current refusal and get the decision overturned.
Customer: replied 1 year ago.

Is there any official form for this appeal , or it is just a formal letter signed by myself ?


To whom shall I address this appeal ?


 


In your experience , do I still have the propability to get this decision overturned after sumitting such appeal as indicated by your answers to me ?

Expert:  Alex Hughes replied 1 year ago.
Please remember to rate my answers.

I will obtain the contact details in the meantime and the forms.
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2434
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Alex , Thanks very much for your valuable advise , please send me a mail with contact details and the forms to be used in this regard .


Best Regards,

Expert:  Alex Hughes replied 1 year ago.
Hi there -

Please find attached link to UKBA administrative review page.

The forms in question are on the right of the screen.

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/administrative-review/

Here is a separate link to the form:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/admin-review-request.pdf

You must return the form within 28 days to the office which refused the application. You may add further information including a letter explaining the circumstances why a mistake was made with the original application.

Hope this helps!

Alex

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 

Related UK Immigration Law Questions

Chat Now With A Solicitor
Alex Hughes
Alex Hughes
Solicitor
2434 Satisfied Customers
Partner in national law firm with 25 years legal experience