Refusal Under 320 7a

[afather]

hi

ive got an immigration problem l..i applied for a visit visa to uk to attend my court proceedings for my daughter who is 5 years of age a British citizen living with her mother.my visa got rejected because i did not mention my driving offences while in uk on my application form.so they rejected my visa under the rule 320 7a...and if i apply again for a visa they will reject me under 320 7b and will be banned for 10 years.so i wont be able to see my daughter for 10 years which will destroy me.ive got full rights of appeal.can any one tell me what is the best way of doing things and what can i say to defend myself i admit to the driving offence.and never tried to hide them and actually it did slipped my head which i am really sorry for now and i really need help .

one more thing can they really bann me for 10 years knowing that my daughter is there so what happens to my human rights and if not mine what about my daughters human rights she is British citizen.

i will look forward to you response thanks and if any one knows who is good at appeals please let me know and even for any good advice please

[bwalker1973]

Your better speaking to an immigration lawyer, who is fully aquainted with british immigration law.

[tripplejjj]

I am taking everything that you stated at is face value.

Because you did not indicate the reasons for your appearance in your 5 years old daughter's court proceeding, then it would be hard to give specific guidance.

Reasons for your appearance??

- as a witness in a criminal / civil case

- as a parent with sole custody

- as a parent who wants sole custody

The reason I asked was because when one law prevents you from carrying out your legal obligation and thus forces you to break another law, then it would be a matter for the court to decide which law takes precedence. If the court deems that your presence in your daughter's court proceeding takes precedence over immigration laws, then the judge would make an exception to the immigration law for you. This doesn't mean that the immigration department would not fight it.

A very smart lawyer would be able to figure all these out.

my visa got rejected because i did not mention my driving offences while in uk on my application form.so they rejected my visa under the rule 320 7a...and if i apply again for a visa they will reject me under 320 7b and will be banned for 10 years.

So they rejected your visa under the rule "320 7a", this means that they knew about it. Since they already knew this fact, shouldn't they ban you for 10 years already?

The fact that they haven't banned you for 10 years is the reason to resummit your visa application again with all the relevance facts. If you have gotten the denied letter, then you can scream about "human rights".

one more thing can they really bann me for 10 years knowing that my daughter is there so what happens to my human rights and if not mine what about my daughters human rights she is British citizen.

If it is the law, then yes. You can be banned from entering the UK for 10 years. The ban is preventing you from entering the UK. It did not ban you from seeing your daughter. You can see your daughter outside the UK.

Any way, you stated that your daughter is living with her mother. I assumed the mother has legal custody. If this is the case, your appearance in your daughter's court proceeding may not be necessary, depending on the reason for your appearance. If you want to remove the mother's legal custody, then you first have to get the court to declare the mother as incompetent or "not fit" under the law.

Edited March 15, 2010 by tripplejjj

[Eff1n2ret]

1. You have already had some fairly comprehensive advice on another forum, and superior to anything you are likely to get here.

2. You are a Pakistani national in Islamabad, your daughter is in the UK. The connection with Thailand escapes me.

3. Disclaimers that the driving offences (plural) "slipped your mind" just won't wash. The question on the VAF is quite specific :-

6.9 "Do you have any criminal convictions in any country (including traffic offences)?"

I bet everybody remembers when they got nicked for speeding or whatever. Mercifully the last time I got caught was 30 years ago, but I still remember it. If you say "it slipped my mind" to an appeal judge he may be of the same opinion, and less sympathetic. So start by admitting that you lied, and hope that you can establish that a ban on the grounds of the deception is a disproportionate punishment.

[tripplejjj]

I also have traffic offenses (speeding). But these traffic offenses were not criminal convictions.

So, when I read it, it asks me whether or not I have any criminal convictions in any country. This include traffic offenses that resulted in criminal convictions (drunk driving, hit and run, reckless driving, etc.)

My answer would be NO.

Edited March 15, 2010 by tripplejjj

[Eff1n2ret]

I also have traffic offenses (speeding). But these traffic offenses were not criminal convictions.

So, when I read it, it asks me whether or not I have any criminal convictions in any country. This include traffic offenses that resulted in criminal convictions (drunk driving, hit and run, reckless driving, etc.)

My answer would be NO.

Even if it was only a speeding offence and the OP was driving on his Pakistani licence, he would have gone to court and been convicted. Perhaps he could enlighten us.

I doubt fixed penalties are picked up in the checks, for the reason you state. It's so long since I was nicked, there were no fixed penalties in those days.

[7by7]

Afather, what type of visa did you apply for? If a family visit then you can appeal against this refusal; information on how to do this would have been given to you with the refusal notice. If you applied as a general visitor then your only option is to apply again, explaining why you gave a false answer to the question.

Either way, you need to seek professional help and advice.

[CharlieB]

I also have traffic offenses (speeding). But these traffic offenses were not criminal convictions.

So, when I read it, it asks me whether or not I have any criminal convictions in any country. This include traffic offenses that resulted in criminal convictions (drunk driving, hit and run, reckless driving, etc.)

My answer would be NO.

You are mixing up a Fixed Penalty Notice (Points and fine, no criminal conviction/record) with someone having to attend a court and getting a criminal conviction (points, fine and a criminal conviction). When a FPN is accepted, it means that you accept the penalty in lieu of a possible later conviction in court. If your speeding offence is serious enough, or you refuse the FPN then you would appear in court and at this stage get a criminal conviction that you would have to declare when asked. It's obvious from the fact that his records showed up on a check that he's had to go to court, or been convicted in his absence. This means he has at least one criminal conviction which he should have declared. The OP uses the plural, so he has two or more and I'm inclined to agree with Eff1n2ret that the OP should certainly have remembered and declared them. I can certainly still remember the one time, 14 years ago, that I had a FPN handed to me by a member of Hampshire's finest.

[tripplejjj]

@CharlieB,

I was not mixing up any thing. My traffic offenses weren't considered criminal convictions. So I said I would answer no. I was talking about me.

If Afather's traffic offenses were criminal offenses, then it was on him. I do agree that it would be hard for me to casually forget my criminal convictions, if I had any.