QUESTION: I have been refused a dependent visa under 320 7A on the grounds that my wife had mistakenly not mentioned on her tier 4 general visa application that I had a previous passport and a previous applying history.
What should I do? Send out a new application? My wife and son son have a visa now, but I cannot go with them!
ANSWER: Paragraph 320 (7A) of the immigration rules allows an Immigration Officer to refuse an individual a visa where they believe that an individual has used deception in a visa application, past or present. The deception refers to where an individual provides false representations, false information, false documents or where they failed to disclose material facts.
The Immigration Officer must be satisfied that there has been an attempt at a high standard of deception. If however, the Immigration Officer believes that the non-disclosure was due to an innocent mistake, then they should not apply paragraph 320 (7A). Even if the Immigration Office believes that a person has used deception, before they make a decision on whether to refuse the visa, they must consider whether the individual has any compelling, compassionate circumstances or human rights arguments in the individual’s favour that outweigh the deception and should allow the individual the right to come to the UK.
The consequence of being refused under paragraph 320 (7A) is that an individual can be banned from making an application to enter the UK for 10 years. It would be advisable to obtain legal advice in cases that are based on paragraph 320 refusals as these can be complex and often require legal assistance.
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