Immigrationboards.com

Hello all,
My wife has just passed the 3 years of residence in the UK and we are planning to submit the AN form soon.
I have a slight concern over what to write on question 1.8 (other previous names), and also whether to write a covering letter, or whether legal advice is recommended.

Our story:
- Shortly after meeting my wife, she successfully applied for short stay UK visitor visas, but using a passport that wasn't genuine. Some of her real names were on the passport, but she also used a nickname as a middle name. It was from a different country to her true nationality. This was the country where we were living at the time. Long story short - she obtained the passport through the correct channels, but was falsely advised that she was entitled to it because of her residence there. The passport officials fraudulently pushed her application through, by changing some of her details and basically ignoring what she had written on the passport application form.
- We later got married and immediately applied for a spouse visa. All previous false information was disclosed with the application, voluntarily.
- The spouse visa was refused mainly due to previous false representation. We appealed it at the AIT, and the refusal was overturned.
- We moved to the UK 3 years ago. My wife applied for ILR last year using the same-day service and was granted it straight away. There was just a question about why we delayed coming to the UK after the spouse visa was issued. This was because of the lengthy appeal process and us finding work and settling in Europe for a while.

Since applying for the spouse visa, all documents and information given has been true and correct.

For the AN question about other previous names, should we write the false name that was used in these visitor visa applications? We didn't mentioned it on the ILR form, and it wasn't a problem. But I just want to make sure.
Thanks for any advice.

Will be tougher test for BC, I suspect your wife will be refused and advised to apply 10 years from the date of the alleged offence.

BC isn't an automatic right.

Thanks.
So would it be 10 years from the last false representation - the last visit visa application? That was 7 years ago, so it wouldn't be too long to wait.
Do you think it's "worth a go"? Or would it be better just to wait anyway? Would a refusal now, be counted against a further application?
EDIT: Just seen elsewhere that it is 10 years from when the deception was admitted, which was 6 years ago.

You can find HO guidance on this vital matter here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

It's a question of 'innocent abroad misled by corrupt officials' versus a story of recklessness or intent to deceive.

Your call whether to risk the application fee now or wait until a more favourable decision is more likely to be made.

Note there is no guarantee of 'success' whenever you (/anyone) apply.

The "innocent abroad misled by corrupt officials", sounds about right for the act of obtaining the passport.
However the use of that passport for the uk visa applications was a bit reckless. It was because of a lack of time/money to go back to home country to obtain the correct passport, and naivety about the seriousness of what she was doing.
The false information didn't make the visa application any more likely to succeed. There was nothing wrong with the genuine identity, but the false identity was used out of convenience... no excuse though. It was thoroughly wrong, and we know it.
There was no conviction, charge or caution... in any country.
I think we will just wait until the 10 years is up and then try an application.