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Spouse visa application - HELP!

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Sai2k70
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Spouse visa application - HELP!

Post by Sai2k70 » Tue Dec 11, 2018 11:19 pm

Hi all

This is a long post so please bare with me

I am a british citizen (born and raised in the uk) married to a bangladeshi citizen.

My husband initially entered the UK in 2005 on a 1 year work sector permit under a false identity.

However, he overstayed on his visa and eventually left the uk to go back to bangladesh in 2012. I left with him and married him there in the same year and came back to the uk a few months after.

We initially applied for a spouse visa using his real identity in 2012/13 but this was refused as he very foolishly did not declare that he had previously come to the uk under a different identity.

We have, since that application, made 4 more applications showing remorse and contrition but this along with 3 appeals have all been refused.
The second application was refused again due to the fact that he concealed his past immigration history and also due to my unemployment status.
Third application was refused on my financial information as I was not working at the time.
Fourth application was refused due to the english requirements not being met.
Fifth application was made which met all the requirements but the ECO sided with the judge from the last appeal that due to his immigration history he should not be given entry.

I am really at a loss regarding what to do next. I have now been working as a doctor for the past 2 years in the UK and have yet to finish my specialty training which will take another 3 years thus I cannot move to Bangladesh. We also have a 4 year old son together which has made no difference to the application outcome.

My question is, has my husband been banned from coming to the UK for his previous deception without the home office letting us know? Because at this point all his applications and appeals have been refused and it seems any future applications will be an exercise in futility given the number of past refusals.

My substantial savings, employment in the NHS as a doctor and our son have had no bearing on the outcome.

I also had one of the best immigration barristers represent us during the last appeal and he was unable to secure a successful outcome.

If anyone could provide me with some advice/guidance on what to do next I would be very grateful.

Thanks in advance!

Alam-
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Re: Spouse visa application - HELP!

Post by Alam- » Wed Dec 12, 2018 1:58 am

I think there is a 10 years ban on him for forgery and deception, however I’m not sure when this ban is gonna start. Wait for senior members to reply and consult an immigration solicitor for advice and show them all documents and timelines to assess the situation, ask them for honest advice. Good luck

vinny
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Re: Spouse visa application - HELP!

Post by vinny » Wed Dec 12, 2018 2:07 am

What were the cited grounds and paragraphs under the Immigration rules for the refusal?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Sai2k70
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 2:11 am

vinny wrote:
Wed Dec 12, 2018 2:07 am
What were the cited grounds and paragraphs under the Immigration rules for the refusal?
Hi

Reasons for refusal on first application was deception/immigration history as overstayer
2nd - previous deception and my unemployment
3rd - my unemployment
4th - English requirements not met
5th - previous deception and immigration history
3 appeals refused - reasons amalgamation of above

vinny
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Re: Spouse visa application - HELP!

Post by vinny » Wed Dec 12, 2018 2:17 am

Did they cite any paragraphs of the Immigration rules for the latest refusal?

How much savings and income do you have now?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Sai2k70
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 2:27 am

vinny wrote:
Wed Dec 12, 2018 2:17 am
Did they cite any paragraphs of the Immigration rules?
Yes apologies i didnt read your post properly

1st refusal - refused under para EC-P.1.1(c) of appendix fm of immigration rules s-ec 2.2 (a) and (b), also s-ec.2.5

2nd refusal - paragraph e-ecp.3.3, paragraph ec-p.1.1(d) (e-ecc.3.1)
Also paragraph 320(3)

3rd refusal - para ec-p.1.1(c) s-ec.2.2(a)
Also paragraph 320(11)

4th refusal - para ec-p.1.1(d) e-ecp.4.1

5th refusal - paragraph 320 (11) hc 395

I hope that makes sense

Sai2k70
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 2:30 am

vinny wrote:
Wed Dec 12, 2018 2:17 am
Did they cite any paragraphs of the Immigration rules for the latest refusal?

How much savings and income do you have now?
Hi

At the time of the 5th application i had around 90k which has now increased

My income is approx £36000 p.a before tax

Sai2k70
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 2:32 am

vinny wrote:
Wed Dec 12, 2018 2:17 am
Did they cite any paragraphs of the Immigration rules for the latest refusal?

How much savings and income do you have now?
At the time of the 5th application i had around £90k which has now increased

My income is approx £36000 p.a before tax

Sai2k70
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Posts: 8
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 2:45 am

Alam- wrote:
Wed Dec 12, 2018 1:58 am
I think there is a 10 years ban on him for forgery and deception, however I’m not sure when this ban is gonna start. Wait for senior members to reply and consult an immigration solicitor for advice and show them all documents and timelines to assess the situation, ask them for honest advice. Good luck
Hi

Yes, i also suspect a 10 year ban may have been applied without being explicitly stated

Sai2k70
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 2:46 am

vinny wrote:
Wed Dec 12, 2018 2:17 am
Did they cite any paragraphs of the Immigration rules for the latest refusal?

How much savings and income do you have now?
Apologies i have replied to this post but it has been sent for approval for some reason?!

I have approx one hundred thousand in savings

Income is thirty six thousand per annum before tax

uddin000
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Re: Spouse visa application - HELP!

Post by uddin000 » Wed Dec 12, 2018 4:06 am

Your husband broke the rules by overstaying his visa..he should left the UK when his visa expired and then make new application.

and where did you get one hundred thousand pound from?

Sai2k70
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Re: Spouse visa application - HELP!

Post by Sai2k70 » Wed Dec 12, 2018 4:15 am

uddin000 wrote:
Wed Dec 12, 2018 4:06 am
Your husband broke the rules by overstaying his visa..he should left the UK when his visa expired and then make new application.

and where did you get one hundred thousand pound from?
Yes thank you for stating the obvious re my husband overstaying on his visa, hindsight is a wonderful thing, i was hoping for some constructive advice pertaining to what next steps to take
and any savings i have accrued have been obtained via legitimate channels contrary to your dubious tone

Garry20g
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Re: Spouse visa application - HELP!

Post by Garry20g » Wed Dec 12, 2018 7:47 am

Hi sai. I hope your husband will get visa. As you write in the form that 2nd and 3rd application was refused because of unemployment but other hand you have 100000 in your account.

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marcnath
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Re: Spouse visa application - HELP!

Post by marcnath » Wed Dec 12, 2018 9:18 am

Sai2k70 wrote:
Wed Dec 12, 2018 2:27 am
vinny wrote:
Wed Dec 12, 2018 2:17 am
Did they cite any paragraphs of the Immigration rules?
Yes apologies i didnt read your post properly

1st refusal - refused under para EC-P.1.1(c) of appendix fm of immigration rules s-ec 2.2 (a) and (b), also s-ec.2.5

2nd refusal - paragraph e-ecp.3.3, paragraph ec-p.1.1(d) (e-ecc.3.1)
Also paragraph 320(3)

3rd refusal - para ec-p.1.1(c) s-ec.2.2(a)
Also paragraph 320(11)

4th refusal - para ec-p.1.1(d) e-ecp.4.1

5th refusal - paragraph 320 (11) hc 395

I hope that makes sense
Unfortunately s-ec 2.2(a) does not seem to have any time limits. So HO can keep refusing. You seem to have done everything you can. I empathise with you and it does appear to be a genuine case where some consideration has to be given. Have you tried approaching your MP. The Secretary of State has discretionary power and you need to see how you can get that to be exercised. MP and press are the other alternatives open to you.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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