Spouse Visa with Bad immigration history

thisisus wrote: ↑

Mon Mar 11, 2019 2:52 pm

Hello,
I am a British citizen and got married in Pakistan in October 2018
My husband has bad immigration history where he overstayed since 2010, claimed aslyum and was in detention centre, wrongly advised by lawyer to say he is in a same sex relationship to remain in the UK. This was refused. He then voluntary went back to Pakistan on his own expense in July 2018. He was in a detention centre since January 2018 till July 2018
I went to Pakistan in October and we both got married and i came back to the UK and I applied for his visa in December 2018. I am still waiting to hear back.
Will all of this affect his visa decision.
Please help me

claimed aslyum and was in detention centre, wrongly advised by lawyer to say he is in a same sex relationship to remain in the UK. This was refused.

Jav9289 wrote: ↑

Mon Mar 11, 2019 3:06 pm

thisisus wrote: ↑

Mon Mar 11, 2019 2:52 pm

Hello,
I am a British citizen and got married in Pakistan in October 2018
My husband has bad immigration history where he overstayed since 2010, claimed aslyum and was in detention centre, wrongly advised by lawyer to say he is in a same sex relationship to remain in the UK. This was refused. He then voluntary went back to Pakistan on his own expense in July 2018. He was in a detention centre since January 2018 till July 2018
I went to Pakistan in October and we both got married and i came back to the UK and I applied for his visa in December 2018. I am still waiting to hear back.
Will all of this affect his visa decision.
Please help me

Unfortunately yes. HO will look at everything when making a decision and this includes the applicants previous history. I hope you have not tried this information in yout application

thisisus wrote: ↑

Mon Mar 11, 2019 3:12 pm

Yes the passport should arrive this week In Shaa Allah, but I am so nervous and scared, and just needed some kind of reassurance

thisisus wrote: ↑

Mon Mar 11, 2019 3:25 pm

yes the 60 days is up this week.
i just recieved my documents back today.
And no we did not hide anything

Casa wrote: ↑

Mon Mar 11, 2019 5:03 pm

Regrettably, if the Case Worker accepts that your relationship is genuine, the previous statement (made in order to claim asylum) may well now be considered as false. This would be considered as deception and the Spouse visa application stands to be refused under 320(11) of the Immigration Rules.

Taking the 'dodgy' advice from the legal advisor, may sadly have cost you dearly.

Jav9289 wrote: ↑

Mon Mar 11, 2019 5:53 pm

Casa wrote: ↑

Mon Mar 11, 2019 5:03 pm

Regrettably, if the Case Worker accepts that your relationship is genuine, the previous statement (made in order to claim asylum) may well now be considered as false. This would be considered as deception and the Spouse visa application stands to be refused under 320(11) of the Immigration Rules.

Taking the 'dodgy' advice from the legal advisor, may sadly have cost you dearly.

So why have they kept her documents for so long?

wahi66 wrote: ↑

Tue Mar 12, 2019 12:59 am

just a random thought what if the person declared himself as a bisexual??

Report all other changes

You must report all other changes to your circumstances. How you do this depends on what’s changed.

Changes to your name or personal details

You must apply for a new BRP straight away if any of these things change:
•name, for example if you’ve got married
•nationality
•facial appearance
•date of birth, for example if it was wrong
•gender

seagul wrote: ↑

Tue Mar 12, 2019 1:54 am

wahi66 wrote: ↑

Tue Mar 12, 2019 12:59 am

just a random thought what if the person declared himself as a bisexual??

Giving different information regarding it in previous/current application leads to deception because HO welcome to get be updated with any change to gender orientation:

https://www.gov.uk/change-circumstances-visa-brp

Report all other changes

You must report all other changes to your circumstances. How you do this depends on what’s changed.

Changes to your name or personal details

You must apply for a new BRP straight away if any of these things change:
•name, for example if you’ve got married
•nationality
•facial appearance
•date of birth, for example if it was wrong
•gender

wahi66 wrote: ↑

Tue Mar 12, 2019 9:39 am

seagul wrote: ↑

Tue Mar 12, 2019 1:54 am

wahi66 wrote: ↑

Tue Mar 12, 2019 12:59 am

just a random thought what if the person declared himself as a bisexual??

Giving different information regarding it in previous/current application leads to deception because HO welcome to get be updated with any change to gender orientation:

https://www.gov.uk/change-circumstances-visa-brp

Report all other changes

You must report all other changes to your circumstances. How you do this depends on what’s changed.

Changes to your name or personal details

You must apply for a new BRP straight away if any of these things change:
•name, for example if you’ve got married
•nationality
•facial appearance
•date of birth, for example if it was wrong
•gender

I am talking about someone outside the UK as appears to be in this case where a person's circumstances have been changed i.e sexual preferences and now he is applying with new information and changed circumstances?