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"Real risk fiancé refusal" (320 11 & appendix fm) opinions p

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Help1
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"Real risk fiancé refusal" (320 11 & appendix fm) opinions p

Post by Help1 » Fri Jun 12, 2015 10:52 am

Hi, please, can the more experienced share opinions on the chances of my fiancé being refused?
I will paste feed back from barrister below, he states a real risk of refusal but in simple terms is that just a kinder way of saying, it'll be refused?

Also if it were to be refused what would be next, how do you appeal ...will we be allowed..and what's the kind of cost involved?

Any input would be appreciated, I'm going out of my mind here.
If u need more background info on us il happily answer


"In the light of these facts I will need to revise my advice regarding meeting the suitability requirements and/or the possible application of paragraph 320(11) of the Immigration Rules.

Unless you are able to provide a formal document which shows that you lawfully changed your name in 20[/u]00 (e.g. in the UK this would be by way of a Change of Name Deed) then there is a possibility that an Entry Clearance Officer could find that you have used multiple identities, or potentially that the passport which you have under the name ' ..,.' is in fact a false document.

In those circumstances, coupled with an admission of dishonesty in a previous application for entry clearance, there is a real risk that a fresh application could fall to be refused on suitability grounds.

It is therefore a matter for you as to whether you would like to proceed with making an application for entry clearance for the UK as a fiance. However, if you do decide to do so then the application must be made with the full knowledge that there is a real risk of a refusal on suitability grounds."

adnan111
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Re: "Real risk fiancé refusal" (320 11 & appendix fm) opinio

Post by adnan111 » Fri Jun 12, 2015 10:56 am

He seems to think that application will be refused based on your circumstances.

Help1
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Re: "Real risk fiancé refusal" (320 11 & appendix fm) opinio

Post by Help1 » Fri Jun 12, 2015 11:04 am

Thanks for your quick reply adnan.
In what circumstance are cases granted appeals?
is it costly?

adnan111
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Re: "Real risk fiancé refusal" (320 11 & appendix fm) opinio

Post by adnan111 » Fri Jun 12, 2015 11:14 am

If the barrister seems to think that ECO would reject your application then that means barrister thinks that ECO would be correct in his decision so chance of appeal succeeding would be slim.

However I am not an expert in this field so I don't know much about appeals.

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Casa
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Re: "Real risk fiancé refusal" (320 11 & appendix fm) opinio

Post by Casa » Fri Jun 12, 2015 12:07 pm

You haven't posted the form of dishonesty which the barrister mentions, but in light of the fact that there are two separate issues, a refusal under 320(11) is highly likely. An appeal would only be worthwhile if you could prove beyond all reasonable doubt that both cases of your fiancee's dishonesty (frustrating the Immigration Rules) were unjust. As your fiancee appears to have admitted to the first instance of dishonesty, an appeal would be very weak.
(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.

Help1
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Re: "Real risk fiancé refusal" (320 11 & appendix fm) opinio

Post by Help1 » Fri Jun 12, 2015 12:39 pm

Thank you for your feed back. It's all appreciated.

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