ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

Spouse Visa after Deception

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, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
kiranrongali
Newly Registered
Posts: 23
Joined: Tue Mar 26, 2013 8:30 pm

Spouse Visa after Deception

Post by kiranrongali » Wed Apr 01, 2015 5:33 pm

My Tier 1 General Extension was refused with following reason and I had supplied false documents in my initial Tier 1 General visa and it had confirmed to UKBA about this. See the below UKBA reason for refusal.
In your application, you said no to question D.11, have you ever used deception when seeking leave to enter or leave to remain.
I am satisfied that the statement was false because following your arrest on 25 June 2013 you confirmed during interview that you had not undertaken any self employment whilst in the United Kingdom and that the invoices and corresponding bank statements relating to your self-employment in your 2010 Tier 1 General application were false.
As false representations have been made in relation to your application, it is refused under paragraph 322(1a), of the immigration Rules.
For the above reasons, I am also satisfied that you have used deception in this application.
This means that any future applications for entry clearance or leave to enter the UK you make will be refused under paragraph 320(7b) of the immigration rules (unless it would breach your rights under the human rights act 1998 or the Refugee Convention) for the following period stating on the date which you leave the UK following this refusal:
• One year if you leave voluntarily, without our having to pay or contribute to the costs of your departure;
• Five years if you leave voluntarily at the Government's expense;
• Ten years if we remove or deport you.
Future applications for entry clearance or leave to enter the UK will not be refused under paragraph 320(7B) if you are making an application as:
• a spouse, civil partner or unmarried or same-sex partner under paragraph 281 or 295A of the immigration rules;
• a fiancé or proposed civil partner under paragraph 290;
• a parent, grandparent or other dependent relative under paragraph 317;
• a person exercising rights to access to a child under paragraph 246; or
• a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraph 352A,352AA,352FA or 352FD;
OR
Where you were under the age of 18 at the time of your most recent breach of the UK's immigration laws
Now my wife is currently stating in UK with Tier 2 General Visa and I had applied for Tier 2 General Dependent visa 2 months ago from India but I had not received any decision on my visa and it’s still in processing, actually the visa processing time from India is 15 working days but I had applied my visa 2 months ago but still not yet received any decision.
I’m much tensioned and not getting sleep about this, Can I eligible to get the dependent visa? Any Idea why did they kept my application on hold?

User avatar
CR001
Moderator
Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Spouse Visa after Deception

Post by CR001 » Thu Apr 02, 2015 10:14 am

Please could you stop tagging your question onto really old posts, it just creates confusion with mulitple posts.

http://www.immigrationboards.com/announ ... t5722.html

As I have already split your query into your own thread, please wait for a guru or moderator to respond given that you have already applied for a T2 dependent visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse Visa after Deception

Post by Casa » Thu Apr 02, 2015 10:59 am

Although 320(7b) doesn't apply, you're likely to be refused under 320(11) - Frustrating the intention of the Immigration Rules
https://www.gov.uk/government/publicati ... aragraph-3
(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.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: Spouse Visa after Deception

Post by Greenie » Thu Apr 02, 2015 11:16 am

Your application has been delayed because of your previous use of deception to obtain leave.

Did you declare your deception in your tier 2 dependant visa application?

When did you leave the UK? Was this voluntarily and at your own expense? When did you marry your wife? Do you have children?

kiranrongali
Newly Registered
Posts: 23
Joined: Tue Mar 26, 2013 8:30 pm

Re: Spouse Visa after Deception

Post by kiranrongali » Thu Apr 02, 2015 12:15 pm

Greenie wrote:Your application has been delayed because of your previous use of deception to obtain leave.

Did you declare your deception in your tier 2 dependant visa application?

When did you leave the UK? Was this voluntarily and at your own expense? When did you marry your wife? Do you have children?
I hadn't declared this deception in my application, because there was no option to declare this deception in this application.

Actually my last (Tier 1 General Extension) application was withdrawn before the decision was given by UKBA, later on they called me for an interview to discuss on initial Tier 1 application, in that interview I had accepted that Tier 1 application documents were false, finally they had arrested and given police caution about this. Finally they sent my passports to my home without any refusal letter. My friend also got the same case but he got the refusal letter, that outcome I was mentioned in the above.

Recently I had requested Subject Access Records to UKBA, in this SAR records my last application status was shown as withdrawn and one more record was there by saying that UKBA Prosecution was given the outcome was Cautioned .

So in my recent dependent application I had declared my Tier 1 General Extension result was withdrawn and there was no option to declare the deception in my dependent application, so I didn't declared about this deception.

I left the UK on 16th Aug 2013, I left voluntarily with my own expenses and I was married on Dec-2010 and I have 1.5 yrs baby

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: Spouse Visa after Deception

Post by Greenie » Thu Apr 02, 2015 9:43 pm

It is very difficult to advise someone who gives such inconsistent information. In your first post you say your tier 1 extension application was refused and quoted the refusal letter, in the second post you said that your application was withdrawn before a decision was made.

If they can they will refuse your application under 320(7A) (eg if you haven't been honest about your immigration history in your dependant visa application), failing you risk a refusal under 320(11) as casa advised. Having said all that your thread really is largely pointless, you've made your application so you just need to wait for a decision.

kiranrongali
Newly Registered
Posts: 23
Joined: Tue Mar 26, 2013 8:30 pm

Re: Spouse Visa after Deception

Post by kiranrongali » Fri Apr 03, 2015 1:45 am

Greenie wrote:It is very difficult to advise someone who gives such inconsistent information. In your first post you say your tier 1 extension application was refused and quoted the refusal letter, in the second post you said that your application was withdrawn before a decision was made.

If they can they will refuse your application under 320(7A) (eg if you haven't been honest about your immigration history in your dependant visa application), failing you risk a refusal under 320(11) as casa advised. Having said all that your thread really is largely pointless, you've made your application so you just need to wait for a decision.
Sorry for the confusion, Initially i though my friend's situation and mine is same, later on I decided to provide the actual story. Apologies for this.

How they are going to refuse my application under 320(7a)? there was no question about deception in my application, the current online application questions format was changed, that was the reason I didn't mentioned.

Is it 320(11) will be considered in my case? in the interview I had informed to officer saying that this was not an intentional, actually I had the debts to clear off which were taken for my masters degree. will this comes into 320(11)?

Lets think if they banned for some "X" years, they supposed to send the confirmation for the refusal of my Tier 1 Extension but I didn't received any letter. They supposed to update refusal status in my immigration history even if they sent the refusal letter after I went to India, but in SAR records still the status was saying withdrawn.

Locked
cron