Banned under 320(7B) yet wanting 2go back as Spouse/Fia&

Brokenheart · Post by **Brokenheart** » Mon Dec 12, 2011 12:50 pm

Hi everyone, I'm new here. I have been searching through this forum trying to see if there's anyone in the same situation with me but i found none. Desperately hoping someone with knowledge in my case could provide me some suggestions!

I'm from Malaysia. Me and my Fiance (British national) was planning to apply Fiancee visa and to get married in the UK around summer next year. However, I am now banned from entering to the UK for 1 year under paragraph 320(7B). Have just talked to a solicitor, he said my ban is not restricted to Spouse visa. I could get married to my fiancé in Malaysia now then apply for Spouse visa, it wouldn't make much different to wait till the ban is over. and he said, it could be a tough war to fight. Say if I do what he said, would it be chance that I can still get refusal under 320(11)?

Anyway, before i carry on, please allow me to tell you about my history of stay in the UK.

I was a holiday maker for 2 years starting from 2008, followed by student visa. However, i didn't attend any class during my stay in the UK. I left UK on the day my student visa due (I have not overstayed). 5 months+ later, i went back to the UK as a general visitor and wanted to stay for 3 months. I was stopped by the Immigration officer because the officer didn't believe my purpose to enter to the UK was for travelling and visiting friends because i have already spent 3 years in the UK. So even though i have plenty of spending money for my trip and return ticket, he still didn't believe me. The officer insisted my purpose of visit was to go back to the UK to look for a job, he then sent me to the detention room for interview. During the interview i told the officer reasons i didn't attend classes was due to family affair and my health condition. But i didn't have any document to prove my health conditions, and i have been working 5-6 hours weekly during my stay as a student.

So at the end, i was refused entry under paragraph 320(7B) of immigration rules with limited right of appeal. And they also pointed out the fact that I'm actually egaged to a British national but he attempted to conceal it (it was a mistake, we did so because we didn't want the immigration to think that my purpose of entering to the UK was to get married and i should be entering with Fiancee visa). It was the most miserable moment in my life. I was looking forward to a wonderful trip, i have planned my whole trip, longing to meet my friends in different cities of UK or even go to France. But all i got after a long tiring flight journey was being detained in a smelly detenton room with crap food, long hard bench to sleep, and take forever to give me respond on my request (i only wanted to shower), then again a long flight back to Malaysia.

And what is tearing my heart most, i have already been in this long distance relationship with my fiancé for 6 months! We have been together since May 2008 and before this we never tried being apart more than 2 days! Even though we r doing video calls and texts everyday, but this is definitely not helping in comforting my sadness from missing him too much. I don't wanna live my life like this anymore.

So please help me

please

transpondia-2011 · Post by **transpondia-2011** » Mon Dec 12, 2011 2:58 pm

Spouses are exempt from refusals under P320 (7b), but *not* from refusals under P320 (11). That doesn't mean you will necessarily get refused, it just means they can refuse if they want on the grounds that you were banned under P320 (7b). Based upon what you wrote, their decision could go either way, and the best advice is to be sure you have a competent specialist.

Brokenheart · Post by **Brokenheart** » Mon Dec 12, 2011 4:33 pm

So there's still chance to get refused for the second time but under 320(11)..

thx anyway for ur prompt reply, I really appreciate that. I'm in fear now coz I'm so scared that I might miss out some tiny yet important documents which gonna lead to another refusal.

transpondia-2011 · Post by **transpondia-2011** » Tue Dec 13, 2011 1:36 am

Yes, there is still a chance you can be refused under P320(11). Everyone who submits an application must endure this risk. This does not mean you are certain to be refused or even that you are likely to be refused. As I wrote previously, the decision can go either way and you are best advised to get a competent specialist. For a person in your situation, trying to use the internet is the worst of all possible strategies. Even for this august and learned forum.

mochyn · Post by **mochyn** » Tue Dec 13, 2011 8:05 am

Brokenheart wrote:Hi everyone, I'm new here. I have been searching through this forum trying to see if there's anyone in the same situation with me but i found none. Desperately hoping someone with knowledge in my case could provide me some suggestions!

I'm from Malaysia. Me and my Fiance (British national) was planning to apply Fiancee visa and to get married in the UK around summer next year. However, I am now banned from entering to the UK for 1 year since 23 Nov 2011 under paragraph 320(7B). Have just talked to a solicitor, he said my ban is not restricted to Spouse visa. I could get married to my fiancé in Malaysia now then apply for Spouse visa, it wouldn't make much different to wait till the ban is over. and he said, it could be a tough war to fight. Say if I do what he said, would it be chance that I can still get refusal under 320(11)?

Anyway, before i carry on, please allow me to tell you about my history of stay in the UK.

I was a holiday maker for 2 years starting from 2008, followed by 15 months student visa. However, i didn't attend any class during my stay in the UK. I left UK on the day my student visa due (I have not overstayed). 5 months+ later (23 Nov 2011), i went back to the UK as a general visitor and wanted to stay for 3 months. I was stopped by the Immigration officer because the officer didn't believe my purpose to enter to the UK was for travelling and visiting friends because i have already spent 3 years in the UK. So even though i have plenty of spending money for my trip and return ticket, he still didn't believe me. The officer insisted my purpose of visit was to go back to the UK to look for a job, he then sent me to the detention room for interview. During the interview i told the officer reasons i didn't attend classes was due to family affair and my health condition. But i didn't have any document to prove my health conditions, and i have been working 5-6 hours weekly during my stay as a student.

So at the end, i was refused entry under paragraph 320(7B) of immigration rules with limited right of appeal. And they also pointed out the fact that I'm actually egaged to a British national but he attempted to conceal it (it was a mistake, we did so because we didn't want the immigration to think that my purpose of entering to the UK was to get married and i should be entering with Fiancee visa). It was the most miserable moment in my life. I was looking forward to a wonderful trip, i have planned my whole trip, longing to meet my friends in different cities of UK or even go to France. But all i got after a long tiring flight journey was being detained in a smelly detenton room with crap food, long hard bench to sleep, and take forever to give me respond on my request (i only wanted to shower), then again a long flight back to Malaysia.

And what is tearing my heart most, i have already been in this long distance relationship with my fiancé for 6 months! We have been together since May 2008 and before this we never tried being apart more than 2 days! Even though we r doing video calls and texts everyday, but this is definitely not helping in comforting my sadness from missing him too much. I don't wanna live my life like this anymore.

So please help me please

I would go ahead and marry now and come back with spousal visa which will not be affected by your refusal under 320(7).
Living apart from your loved one is hell as many here can tell you

Brokenheart · Post by **Brokenheart** » Tue Dec 13, 2011 8:21 am

transpondia-2011 wrote:Yes, there is still a chance you can be refused under P320(11). Everyone who submits an application must endure this risk. This does not mean you are certain to be refused or even that you are likely to be refused. As I wrote previously, the decision can go either way and you are best advised to get a competent specialist. For a person in your situation, trying to use the internet is the worst of all possible strategies. Even for this august and learned forum.

Of course I will go for a competent specialist but at the same time, i will keep on gathering info or words from others too regardless it's useful or not. After all this is what a forum for isn't it?

Perhaps u have never encountered situation like me before, u might not know my anxious, my feeling. I told myself just sit back, relax while passing over all my stuffs to the lawyer. But I just can't help myself. Anyway, once again thank you for ur opinions

Brokenheart · Post by **Brokenheart** » Tue Dec 13, 2011 8:26 am

[/quote]

I would go ahead and marry now and come back with spousal visa which will not be affected by your refusal under 320(7).
Living apart from your loved one is hell as many here can tell you[/quote]

Yes INDEED! Thanks for ur reply, it's like a support for me, thanks

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Banned under 320(7B) yet wanting 2go back as Spouse/Fia&

Banned under 320(7B) yet wanting 2go back as Spouse/Fia&

Re: Banned under 320(7B) yet wanting 2go back as Spouse/Fia&

Re: Banned under 320(7B) yet wanting 2go back as Spouse/Fia&