Question on Dependent visa ('Paragraphs 281 or 295A' rule)

[swetha2108]

Hi All,


Can anyone give exact details on 'Paragraphs 281 or 295A' rule.

My case:


My husband was banned to UK for 10 years(because of false documents produced at the time of his Tier 1 visa application in 2010). He made a mistake. He submitted false bank statement.

We both are into IT and he is working in Singapore now.
I am settled here and want my spouse to join me.
We got married in 2011( I was on Tier 1 visa at that time).We applied for dependent visa(which got refused). I went for an appeal later(court refused my apeal as well).

Now, I recently got my ILR.
The immigration rule(Paragraphs 281 or 295A) says 320(7b) does not apply for spouse or civil partner of settled person.

What does settled person means? British citizen or a person holding ILR in UK?

Shall we apply for dependent visa now? based on Human rights or settled person.


If any one know good Barrister/ solicitor. Please suggest Us.

Thanks in Advance.

[vinny]

You are correct in that settled is equivalent to ILR. However, Appendix FM will be applicable, not 281.

320(7B) will not apply. See also 320(11).

See also Any good law firm recommendation?