8

I am in dire need to get my UK visa, tier 5, temporary visa for sports. I am a US citizen applying for a UK visa. I am a recent college student and unfortunately left my job thinking this process would not be this difficult. I reside in the United States.

Based on my 2nd application, I need help to understand, If I resubmit my visa will they automatically refuse? There is usage of language that says "may be refused under 320(7b)" and "ATTRACTS" an automatic ban up to 10 years. This does not say directly, I am banned. How do I clarify?

VISA APPLICATION #1 My first application was denied because the I was provided with a Certificate of Sponsorship that was not the correct document. I had no way to validate this.
- I submitted a Visa administrative review to advise them and provided a letter from the agency to document the error. They also provided me with the COS reference number. My first application was still denied and I had to resubmit.

VISA APPLICATION #2 (EXPEDITED) I submitted the 2nd visa application and attached the required documents. There is one questions that is included with the "criminal, broke law" section that asked if I had been refused for any visas, including UK? I made a mistake and said no. I have been in constant contact with UK support by email and paid phone previously and in no way was I trying to be deceptive. My 2nd visa was rejected with the attached statement. SEE IMAGE FOR REJECTION REASON

I need help to understand, If I resubmit my visa will they automatically refuse? There is usage of language that says "ATTRACTS" an automatic ban up to 10 years.

What should/can I do? I have paid for 2 applications (1 expedited) and I was suppose to be there in September. I have graduated from college and left my job and this was my desire to play basketball. I need help, please give me any advice.

Transcript of General Grounds for Refusal

Improve this question
12
  • 8
    Unfortunately, this sounds like the kind of question that our resident visa experts tend to answer with something like "Your only hope is to hire an immigration lawyer, it will cost several thousand pounds and chances for success are still rather low." But let's see if one of them can address your situation specifically
    – Nate Eldredge
    Oct 11, 2016 at 2:48
  • 7
    You don't. You're in a deep hole right now. If you really need this visa, you stop everything and get a lawyer. If you try doing this again yourself, you're very likely to wind up with that 10 year ban.
    – Michael Hampton
    Oct 11, 2016 at 5:09
  • 11
    I made a mistake and said no That is not true. I believe there is a section where you mention when and why your visa was refused. If you had given the reason and ticked no, it might be considered as a clerical error. But ticking no and giving no reason at all is seen as using deception to gain entry.
    – DumbCoder
    Oct 11, 2016 at 7:44
  • 5
    You appealed a decision when your only "defence" was ignorance of the law, you said "no" on an application when you meant "yes" and you knew the people you were applying to knew you meant "yes". I'm seeing a history of bad decisions, here. (That, and giving up your job to play basketball in England...)
    – David Richerby
    Oct 11, 2016 at 8:53
  • 8
    If you are looking to play basketball for a team, perhaps professionally, then could you not have gone to them for help with this whole process? Can they help you out now with the legal fees that you definitely need to pay to have any hope of coming to the UK?
    – CMaster
    Oct 11, 2016 at 11:47

1 Answer 1

Reset to default
22

Awkward history for this question. It was posted in Travel (where it is most topical) and then reviewed for a being a duplicate. It's not a duplicate IMHO because there was a previous refusal. Then moved to Expats by an inept moderator (without submission to the review queue), thus separating it from all of the related questions involving Paragraph 320 (7A). The OP does not have an account on Expats and neither do some of those who made valuable comments.

Having said all of that, the type of visa (a T5 in this case) is almost totally irrelevant. All visa applications are subject to refusal where evidence of deception is found. The comments above contain a nice analysis of the situation, and just to recap...

You got refused under Paragraph 320 (7A) for deception. You do not have a ban currently in effect. When somebody gets a refusal like this, they reserve the right to use Paragraph 320 (7B) the next time the person applies. That paragraph imposes a 10 year ban.

You also got refused under Paragraph 245ZO(a), which is something of a tautology in this case. It's not relevant at the moment.

For your questions...

I have been in constant contact with UK support by email and paid phone previously and in no way was I trying to be deceptive.

Phone calls and emails are a waste of time. Everybody in the world says it was a mistake, a clerical error, a misunderstanding, and what-have-you when they get caught in deception. I had an American once who (foolishly and against my advice) got their US Senator to write them a letter, they don't care. You cannot get them to reverse a decision with phone calls and emails, it's against the law for them to do that. Plus you are dealing with crown servants who do not trust you, what do you expect to accomplish?

If I resubmit my visa will they automatically refuse?

No, they will not 'automatically refuse' Your next application will take place under a Sword of Damocles (if you'll forgive the metaphor) because it may result in a 10 year ban. It would be unacceptably adventurous to attempt such an application solo and the standard remedy is to instruct an acknowledged specialist in failed Tier 5 applications like (Pat Saini or etc) to represent you. And yes, as comments have suggested, it will be bloody expensive. Breathtakingly so.

What should/can I do? I have paid for 2 applications (1 expedited) and I was suppose to be there in September. I have graduated from college and left my job and this was my desire to play basketball. I need help, please give me any advice.

This basketball season is water over the dam; get a solicitor and try for next year. You would have been aware that you had a previous refusal because you were making a second application, right? You even pursued an Administrative Review and that would strengthen your memory of having a previous refusal. Lots of people have problems with their COS on their first application, it's very common; the vast majority fix it with a fresh application. It didn't work for you because they got you on something else and now matters are worse.

You didn't get a ban, but if you do, we have an answer for how to get it lifted at: https://travel.stackexchange.com/questions/64097/what-can-i-do-to-lift-a-10-year-ban-for-making-a-mistake-in-my-uk-visa-applicati. There is also a great work-around if you were under 18 at the time of the offence.

See also https://travel.stackexchange.com/questions/77813/uk-visa-refused-once-under-3207a-false-or-forged-document-and-i-want-to-app

Improve this answer
11
  • 2
    Was curious about the 245ZO(a) thing and it basically says "The applicant must not fall for refusal under the general grounds for refusal." Source (tab "Tier5 Migrants"). +1 of course, voting to re-open in the light of this answer.
    – mts
    Oct 11, 2016 at 8:57
  • I'll quibble a bit about the "You didn't get a ban" part. Right now, and for the next 10 years, he can be refused entry (clearance) under 320(7B). They need no other reason. There may be circumstances where they don't do that, but that is discretionary and I don't see how a future 320(7B) refusal would lessen that discretion. I'm hence unclear how he could become "more banned" than he is already. A 320(7B) refusal will remain a possibility for 10 years regardless.
    – Dennis
    Oct 11, 2016 at 14:43
  • 6
    @Dennis this refusal is under 320(7A) which means that the next application can be considered on its merits OR refused under 320(7B) and only then, if the next application is refused under 320(7B) does an automatic ban come into effect. The fact that his next application can be considered at all means there is no ban in place currently.
    – Moo
    Oct 11, 2016 at 15:19
  • @Dennis please consider expanding your comment into an answer; it might get unnoticed as a comment. Moo's reply has pretty much nailed it, but the OP may be able to benefit more from several answers.
    – Gayot Fow
    Oct 11, 2016 at 15:22
  • 1
    @Dennis 320(7) of the immigration rules (Grounds for refusal) applies several exceptions to the application of either application of (7A) or (7B), and (7B) requires both preconditions and a decision to be applied in order to come into effect - (7B) is not automatic but very likely. If the applicant submits an application which falls under the exceptions (as accepted by immigration), then (7B) wouldnt be applied. Unfortunately, a high quality application probably isnt enough, they have to fall under the exceptions given in (7). That is why a ban isnt currently in force.
    – Moo
    Oct 11, 2016 at 19:04

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge that you have read and understand our privacy policy and code of conduct.