Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spouse not declared previous marriage on visit visa application

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

Post Reply
Dhoola
Newly Registered
Posts: 5
Joined: Fri Nov 09, 2018 9:11 pm

Spouse not declared previous marriage on visit visa application

Post by Dhoola » Fri Nov 09, 2018 9:41 pm

My spouse was previously married but she was told not to declare her marriage for visit visa application, and was granted visa twice. But now we are married and the marriage certificate shows that she was previously married. This contradicts with previous applications. Will this cause a major issue in her application for settlement?

User avatar
Casa
Moderator
Posts: 24405
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Casa » Fri Nov 09, 2018 9:44 pm

Yes it may, due to giving false information in previous visa applications.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Dhoola
Newly Registered
Posts: 5
Joined: Fri Nov 09, 2018 9:11 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Dhoola » Fri Nov 09, 2018 10:15 pm

What are the maximum consequences (refusal and unable to apply for 10 years)? And can it be explained in application in a positive manner?

Kwipeh
Junior Member
Posts: 59
Joined: Mon Jun 18, 2018 12:05 am
Nigeria

Re: Spouse not declared previous marriage on visit visa application

Post by Kwipeh » Sat Nov 10, 2018 2:26 am

Dhoola wrote:
Fri Nov 09, 2018 10:15 pm
What are the maximum consequences (refusal and unable to apply for 10 years)? And can it be explained in application in a positive manner?
I'm not sure how this can be explained away 'in a positive manner' though. Where did she get the previous advice from? Is there written evidence of this? What's her level of education? Can it be said that she was misled due to a lack of understanding of nuance?

User avatar
seagul
- thin ice -
Posts: 4310
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Spouse not declared previous marriage on visit visa application

Post by seagul » Sat Nov 10, 2018 3:49 am

Dhoola wrote:
Fri Nov 09, 2018 10:15 pm
What are the maximum consequences (refusal and unable to apply for 10 years)? And can it be explained in application in a positive manner?
HO will never consider it positively.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Dhoola
Newly Registered
Posts: 5
Joined: Fri Nov 09, 2018 9:11 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Dhoola » Sat Nov 10, 2018 11:00 am

Thanks everyone who replied

She didn't handle her application but her father did, who took the advice of an agent, but of course there is no written evidence of such advice. And to add insult to injury, she is a post-graduate so no excuse there to be misled. She should have known better.

But having this issue, what could be done in such circumstance? Will she ever get a visa?

Edwardo
Junior Member
Posts: 57
Joined: Tue Aug 28, 2018 10:27 am
Mood:

Re: Spouse not declared previous marriage on visit visa application

Post by Edwardo » Sat Nov 10, 2018 11:09 am

As others have said, this is a very stressful one for you. If you send the application off then I would presume the only way the visa will be issued is if this is not noticed.

Spending thousands of pounds to wait on that hope is a tad too risky, I would say.

But the reality is you only have that option or coming clean and explaining it all as best you can. Then it all comes down to how the officer rates the 'oversight' and who knows? Truth is if you look at it objectively, it does not look good what was done. Hard to argue she had the ability to complete an application form in all other areas correctly but somehow misunderstood the importance of 'married or single?'

This is only an opinion as I am not a lawyer. There may be ways you can get this dealt with positively but you need proper, legal advice.

It does not sound too relevant to a tourist visa (married or single) but this is the Home Office and it all comes down to if they see it as deceitful and fraudulent means of obtaining a previous visa .....meaning they then will start from a viewpoint that this spouse visa application is deceitful and fraudulent too.

On balance I would say you must try to explain it.

User avatar
Casa
Moderator
Posts: 24405
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Casa » Sat Nov 10, 2018 11:21 am

https://www.gov.uk/guidance/immigration ... or-refusal
From the Immigration Rules - General grounds for refusal:

"(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application."

Also official guidance for Entry Clearance Officers:
"False representation is when an applicant or third party lies or makes a false
statement in an application. This could be in writing or orally when you interview
the applicant or third party. You must refuse such an application under paragraph
320(7A), even if:
• the false representation is not relevant to the application or your decision
• where the false representation was made by a third party, the applicant did
not know, or claims not to know, that false representations have been used
"

https://assets.publishing.service.gov.u ... 9.0EXT.PDF
Subject to a 10 year ban.

What was the reason for withholding the fact that she was married in the previous visitor visa applications :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Dhoola
Newly Registered
Posts: 5
Joined: Fri Nov 09, 2018 9:11 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Dhoola » Sat Nov 10, 2018 11:53 am

It's not looking good from the legal point of view and HO rules.

The reason given by the agent to withhold information about her marriage was that she will not be able to show her ties to the originating country if she applied alone, hence refusal of visa.

User avatar
Casa
Moderator
Posts: 24405
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Casa » Sat Nov 10, 2018 12:37 pm

When applying for a Spouse Settlement visa, a refusal under 320(7b) wouldn't generally be relevant if the applicant was unaware of the false declaration. However in your wife's case there is the following issue which is likely to result in a refusal under 320(11) of the Immigration Rules as she was fully aware of the reason the false information was being given in order to be granted entry as a visitor.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
Moderator
Posts: 14178
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Spouse not declared previous marriage on visit visa application

Post by Obie » Sat Nov 10, 2018 12:41 pm

I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

User avatar
Casa
Moderator
Posts: 24405
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Casa » Sat Nov 10, 2018 12:54 pm

Obie wrote:
Sat Nov 10, 2018 12:41 pm
I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.
Obie, I haven't said it will be a cut and dried refusal...simply that it may fail under 320(11). :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
Moderator
Posts: 14178
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Spouse not declared previous marriage on visit visa application

Post by Obie » Sat Nov 10, 2018 1:11 pm

Casa wrote:
Sat Nov 10, 2018 12:54 pm
Obie wrote:
Sat Nov 10, 2018 12:41 pm
I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.
Obie, I haven't said it will be a cut and dried refusal...simply that it may fail under 320(11). :idea:
Sorry for the misunderstanding, i was just unable to think that false representation alone will engage 320(11).

I must make clear that i am not seeking to condone what OP did, or provide justification, i am simply providing a view based on the policy and the caselaws.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Dhoola
Newly Registered
Posts: 5
Joined: Fri Nov 09, 2018 9:11 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Dhoola » Sat Nov 10, 2018 4:53 pm

Obie wrote:
Sat Nov 10, 2018 12:41 pm
I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.
Please forgive me, I am not really conversant with Immigration Law, but reading through this board and generally, I understand it that 320(11) is applied where the ECO had been frustrated, including obtaining EC with deception, as in my wife's case where she withheld information about her marital status twice. The second time she was granted a multiple entry visa for 2 years.

However, I must point out that she did not overstay in any of her visits, and she did not even avail all the entries of her 2 year multiple visa. Will this not go in her favour that she was not trying to stay in the country longer than she was granted leave?

What are your opinions
  • If she comes out clean now, then what are the chances of her being granted a visa?
  • By declaring everything now, will she be refused in the first instance?
  • Will she be handed down a ban?
I am a little confused with the terminology when reading the case laws, and it seems that the REFUSAL is indefinite, but a BAN is time limited. Could someone please clarify this confusion?

Kwipeh
Junior Member
Posts: 59
Joined: Mon Jun 18, 2018 12:05 am
Nigeria

Re: Spouse not declared previous marriage on visit visa application

Post by Kwipeh » Sat Nov 10, 2018 5:41 pm

Does the current marriage certificate show the dates of when she was previously married?


Dhoola wrote:
Sat Nov 10, 2018 4:53 pm
Obie wrote:
Sat Nov 10, 2018 12:41 pm
I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.
Please forgive me, I am not really conversant with Immigration Law, but reading through this board and generally, I understand it that 320(11) is applied where the ECO had been frustrated, including obtaining EC with deception, as in my wife's case where she withheld information about her marital status twice. The second time she was granted a multiple entry visa for 2 years.

However, I must point out that she did not overstay in any of her visits, and she did not even avail all the entries of her 2 year multiple visa. Will this not go in her favour that she was not trying to stay in the country longer than she was granted leave?

What are your opinions
  • If she comes out clean now, then what are the chances of her being granted a visa?
  • By declaring everything now, will she be refused in the first instance?
  • Will she be handed down a ban?
I am a little confused with the terminology when reading the case laws, and it seems that the REFUSAL is indefinite, but a BAN is time limited. Could someone please clarify this confusion?

User avatar
Casa
Moderator
Posts: 24405
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse not declared previous marriage on visit visa application

Post by Casa » Sat Nov 10, 2018 5:47 pm

Irrespective of the dates on the marriage certificate, the divorce certificate must be submitted with the Spouse visa application. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Kwipeh
Junior Member
Posts: 59
Joined: Mon Jun 18, 2018 12:05 am
Nigeria

Re: Spouse not declared previous marriage on visit visa application

Post by Kwipeh » Sat Nov 10, 2018 10:11 pm

Casa wrote:
Sat Nov 10, 2018 5:47 pm
Irrespective of the dates on the marriage certificate, the divorce certificate must be submitted with the Spouse visa application. :idea:
Ah, this is true.

rexabruzzi
Newly Registered
Posts: 11
Joined: Thu Mar 28, 2019 10:40 am

Re: Spouse not declared previous marriage on visit visa application

Post by rexabruzzi » Thu Mar 28, 2019 12:13 pm

Dhoola wrote:
Fri Nov 09, 2018 9:41 pm
My spouse was previously married but she was told not to declare her marriage for visit visa application, and was granted visa twice. But now we are married and the marriage certificate shows that she was previously married. This contradicts with previous applications. Will this cause a major issue in her application for settlement?
Hi Dhoola,

hope you're well. Just wanted to check on the status of your application? any luck?

I am sitting at a very very similar position here and about to apply for spouse visa. I had declared single taking the advice of a lawyer while actually married - for a visit visa twice. about to apply for spouse visa now.

Would highly appreciate your reply..

Thanks,

Rex

Post Reply
cron