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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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dimdim
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advice

Post by dimdim » Mon Jan 24, 2011 10:32 am

I was in uk illegally and i was caught by uk border, i didn't seek asylum as i had applied for leave to remain because i had British partner with three kids. they refused my leave to remain and i decided to go back to my country Malawi. Now i want to apply for spouse visa and i dont know if they will grant me one. i have also had about EU route, but am confused which is the best route to try. will the british embassy give me the visa as i was in uk illegally ? or i have to wait for one year before i apply?

vinny
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Post by vinny » Mon Jan 24, 2011 10:45 am

You may (A320) apply to join your partner, subject to Appendix FM-SE, English, Guidance, etc.

However, note that
RFL5.2 When must I refuse under paragraph 320? wrote:ECOs need to consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the immigration rules where the applicant has "previously contrived in a significant way to frustrate the intentions of the Immigration Rules."
See also General grounds for refusal: contriving to frustrate the intention of the rules.

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Last edited by vinny on Tue May 22, 2012 12:48 pm, edited 6 times in total.
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dimdim
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Posts: 4
Joined: Mon Jan 24, 2011 10:20 am

Post by dimdim » Mon Jan 24, 2011 11:25 am

will my immigration history be a problem, since i was there illegally

Greenie
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Post by Greenie » Mon Jan 24, 2011 11:45 am

vinny has just answered that in his post.

mrsahmed
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Re: advice

Post by mrsahmed » Tue Jan 25, 2011 1:43 pm

dimdim wrote:I was in uk illegally and i was caught by uk border, i didn't seek asylum as i had applied for leave to remain because i had British partner with three kids. they refused my leave to remain and i decided to go back to my country Malawi. Now i want to apply for spouse visa and i dont know if they will grant me one. i have also had about EU route, but am confused which is the best route to try. will the british embassy give me the visa as i was in uk illegally ? or i have to wait for one year before i apply?
my husband was a failed asylum seeker, we applied here in the UK for spouse visa which was refused so he returned to his home country and applied from there, it was granted. Just make sure you have enough proof to support your case and you should be fine.

daddy
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Re: advice

Post by daddy » Tue Jan 25, 2011 9:05 pm

mrsahmed wrote:
dimdim wrote:I was in uk illegally and i was caught by uk border, i didn't seek asylum as i had applied for leave to remain because i had British partner with three kids. they refused my leave to remain and i decided to go back to my country Malawi. Now i want to apply for spouse visa and i dont know if they will grant me one. i have also had about EU route, but am confused which is the best route to try. will the british embassy give me the visa as i was in uk illegally ? or i have to wait for one year before i apply?
my husband was a failed asylum seeker, we applied here in the UK for spouse visa which was refused so he returned to his home country and applied from there, it was granted. Just make sure you have enough proof to support your case and you should be fine.
Thats a good news!. Pls, can you tell us if you( British wife) are working or on benefit, I ask this for the sake of a friend. Thanks.

mymcs
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Post by mymcs » Wed Feb 23, 2011 10:17 am

state Benefit not allowed to support spouse visa dear.he/she should have employment ,accommodation
http://www.ukvisas.gov.uk/en/ecg/mainte ... ommodation


but mrsahmad will answered your correctly.
thanks

Khokhar1980
Junior Member
Posts: 82
Joined: Thu Jan 11, 2018 1:30 pm
Pakistan

Re:

Post by Khokhar1980 » Thu Jun 21, 2018 7:48 pm

vinny wrote:
Mon Jan 24, 2011 10:45 am
You may (A320) apply to join your partner, subject to Appendix FM-SE, English, Guidance, etc.

However, note that
RFL5.2 When must I refuse under paragraph 320? wrote:ECOs need to consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the immigration rules where the applicant has "previously contrived in a significant way to frustrate the intentions of the Immigration Rules."
See also General grounds for refusal: contriving to frustrate the intention of the rules.

Case laws
Hi vinney.....does that rule still apply for spouce visa as well ??????

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CR001
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Re: Re:

Post by CR001 » Thu Jun 21, 2018 8:14 pm

Khokhar1980 wrote:
Thu Jun 21, 2018 7:48 pm
vinny wrote:
Mon Jan 24, 2011 10:45 am
You may (A320) apply to join your partner, subject to Appendix FM-SE, English, Guidance, etc.

However, note that
RFL5.2 When must I refuse under paragraph 320? wrote:ECOs need to consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the immigration rules where the applicant has "previously contrived in a significant way to frustrate the intentions of the Immigration Rules."
See also General grounds for refusal: contriving to frustrate the intention of the rules.

Case laws
Hi vinney.....does that rule still apply for spouce visa as well ??????
You have tagged onto a topic that is more than 7 years old from 2011. Many rules changes have taken place since then. Kindly refrain from digging up old topics.

Either start your own topic with questions or conti ue in one you already have please.
Char (CR001 not Casa)
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