# Refusal under 320(7b)



## Kamarj (Mar 28, 2014)

Hi All,

Just trying to educate myself on immigration rules, but there is one of several sections i don't quite understand and that's the rule that says partners (spouse/fiance etc) cant be refused under paragraph 320 (7b). So over-staying, deception, false documents in previous applications, etc will be overlooked? Is that so? Sounds weird.

I find myself reading up too much on immigration...lolhwell:


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## Joppa (Sep 7, 2009)

You are reading it wrong. Those are general grounds for rejection, except where there are other factors, such as they happened more than a certain number of years ago, or you left UK voluntarily and so on.
So, for example, overstay usually results in rejection EXCEPT where the overstay was 90 days or less and you left voluntarily.


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## Kamarj (Mar 28, 2014)

Oh zeen.

1. So for example if im married to a British citizen, but previously overstayed say for 3 years but left the country a year ago voluntarily or if i used deception or false documents 3 years ago. Even though im married do i still get refused under 320 (7b) and do i get the 10 year ban to be separated from my husband.

2. If i was recently married to a citizen , but i was banned for 10 years for deception or so. Will that ban be removed if i should apply for a spouse visa?


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## _shel (Mar 2, 2014)

Not read them myself recently but Joppa stated

"*EXCEPT* where the overstay was 90 days or less *and* you left voluntarily"

So a 3 year over stay obviously doesn't meet that criteria! 

A ban is a ban :confused2:


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## WestCoastCanadianGirl (Mar 17, 2012)

Kamarj said:


> >snip<
> 
> 2. If i was recently married to a citizen , but i was banned for 10 years for deception or so. Will that ban be removed if i should apply for a spouse visa?


The ban _will *not*_ be removed if you should apply for a spouse visa... if it did, do you know how many people would be doing the exact thing that you propose?

A ban is a ban and it's punishment from the UKBA for something that you have done wrong. There is no magic way for you to be absolved of this punishment short of quitting the UK for _a minimum_ of 10 years (because, after all, there's no guarantee that you'd get in again after 10 years and 1 day after your original ban), and even if there was a way of getting out of the ban, marriage to a UK citizen would definitely _not_ be the way that they would propose.


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## cc9 (Oct 29, 2012)

However the rules clearly state that under A320 of the immigration rules applicants applying for settlement as the spouse of a British citizen must not be refused under 320(7b).
They can however still refuse your visa under suitability criteria effectively imposing the ban anyway.


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## Kamarj (Mar 28, 2014)

Ye cc9 that's what confused me a bit! But what everyone said makes a lot more sense!


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## cc9 (Oct 29, 2012)

All I can do is go on my own personal experience. There is no out right ban if you are the spouse of a British citizen but they are still able to refuse you under the suitability criteria.
My hubbie was refused a family visit visa under 320(7b) as he had made a mistake on a previous holiday visa application.
We have since applied for a settlement visa and it was refused but not under this rule. They refused us as they don't believe our relationship to be genuine and subsisting... In the refusal notice they never mentioned 320(7b) or a 10 year ban.
We are currently waiting for a tribunal date..


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## Joppa (Sep 7, 2009)

Yes, that's what normally happens. While settlement visa applicants are treated more favourably, you can still fail on other grounds, and dare I say it, Home Office tend to scrutinise those with poor immigration history more thoroughly and try to find a way to refuse.


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## _shel (Mar 2, 2014)

Thats what i was thinking Joppa. If they really didnt want someone in the country they would find an aspect of the application that they felt could hold up to appeals etc and refuse on those grounds. 

Which I understand in a way for some cases to protect the UKs interests but it probably wont apply to all.


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