Visa for spouse after deception - What to do next?

[aqsa]

Hi all!! I will try to briefly describe my situation.
Im a British Citizen who got married to a Pakistani in Pakistan in April 2009. He had previously been in the UK on a 'Sector based scheme' from 06-07. Our families had introduced us during this time for the intention of an arranged marriage and we both agreed.
His visa expired in feb 07 but he overstayed because of our relationship. He actually left the UK in Jan 09 to go back to Pakistan where we got married in April 09 and soonafter he applied for a spouse visa.
He took his application to an agent and was misguided. The agent advised him to conceal the fact that he had overstayed previously in the UK because he told him his visa would be refused immediately otherwise. The agent arranged to do this by applying a forged airport stamp in his passport, that dates feb 2007 (to correspond with his sector based scheme period).
His visa has therefore been refused under 320 (7a) Deception and because his credibility is undermined also under 281 Marriage. The marriage is completely genuine and we are both very much in love but he has made this serious mistake of Deception.
Does any of you know what is the best thing to do next? Should we appeal this decision or should we reapply? I have spoke to several solicitors with contradicting views and i think you guys will know more than them!!

Also some solicitors have mentioned there is an automatic 10 year ban but from reading the rules below this is not the case for a spouse:
" (7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);
unless the applicant:
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
(ii) used Deception in an application for entry clearance more than 10 years ago;
(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;
(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or
(v) was removed or deported from the UK more than 10 years ago.
Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.
(7C) Paragraph 320(7B) shall not apply in the following circumstances:
(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A, "
Am i correct in assuming that he can reapply within 10 years after using deception if it is a spouse application? If he is exempt why do solicitors keep mentioning it?

I am more inclined into thinking the best thing to do is reapply because i think if an British appeal judge says no it is worse than 2 visa officers saying no. Also if he reapplys he can only be refused on the following reason:
Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused
" (11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules. "
Do you think the ECO will consider what he did previously as 'contriving in a significant way'?

Last option I have seen mentioned in these forums is to exercise my EU rights or what is sometimes known as the 'Surinder Singh' route. So here I would relocate to Ireland for about 6 months, my husband would make an application to the Irish Embassy in Pakistan that is completely compliant and therefore would successfully join me in Ireland. Is this possible? If so why isnt every British citizen whose spouses visa is refused doing it? Is it true that at the end of say 6 months we can both return to the UK under EU rules not UK immigration rules? Do these definately override the UK rules even with previous refusal?

What is your guys view?? Sorry to bore you with a long story but even the smallest bit of advise is appreciated as i think it will be more useful than what solicitors have told me so far. I have a fulltime job in a school in england and i cant be with him in Pakistan and it is unbearable. I know its a very serious case and there is no excuse for deception, but what has been done has been done. I need to figure out what is the best thing to do now and im ready to hear all opinions.

[AppealUK]

No votes yet?

[Wanderer]

Where's the relocate to Pakistan option?

[Rozen]

Where's the relocate to Pakistan option?

[Obie]

If you have evidence that your relationship is genuine, then you can provide that evidence and reapply, or appeal the decision. If it can be established that the relationship is genuine, then, 320(7c) will supersede 320(7a).

Relocating to Ireland might be an option, but you have to be aware that the Job market is very poor and the Justice Department which deal with applications is very inefficient. The other thing is the Irish and British have a joint system, which the Irish can access and they will find the reason for which your husband was previously refused. This could jeorpordise his chances to get the Irish one too. They might try and refuse him on the same basis that the British used.