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320(7B), 320(11) and spouse visa application

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Dua
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320(7B), 320(11) and spouse visa application

Post by Dua » Sat Sep 20, 2008 7:15 am

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Last edited by Dua on Thu Sep 25, 2008 5:13 pm, edited 4 times in total.

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Post by vinny » Sat Sep 20, 2008 9:35 am

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.

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Frontier Mole
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Post by Frontier Mole » Sat Sep 20, 2008 11:30 am

It is a safe bet you will not be returning to the UK for at least 10 years. You just about managed to break every rule in the book. I doubt even if you tried the spouse route you would get back in.

Your immigration history is so appalling and the use of deception will ensure if you were to appeal even a spouse visa refusal it would not be successful.

The only cases worse than yours are foreign national prisoners criminal deports.

SECOND HUSBAND!! NO DIVORCE PAPERS oh dear perhaps we can add that to the list as well. Long may you remain in PAK.

Dua
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Please dont say that

Post by Dua » Sun Sep 21, 2008 5:08 am

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Last edited by Dua on Wed Sep 24, 2008 5:17 am, edited 1 time in total.

Dua
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Post by Dua » Sun Sep 21, 2008 5:59 am

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Last edited by Dua on Thu Sep 25, 2008 5:14 pm, edited 3 times in total.

Wanderer
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Post by Wanderer » Sun Sep 21, 2008 10:07 am

Dua wrote:I have never used multiple identities whilst living in UK to obtain State or asylum benefits, tax credits goods or services except using false identity for travel 7 years ago.

I used deception of different name in 2001 therefore, my applications should not be refused under 320(7B) after 2011. Am I right?
It's deception however you try and justify it.
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by Twin » Sun Sep 21, 2008 10:39 am

Dua,

since you have obtained your educational certificates in your new name, why not just go ahead and adopt this name? Did you get married under that name too?

If you carry on using that name then you might not face too much trouble but even if you decide to use your real name, the ECO can only refuse your application till 2011. Although, after 2011, they might still refuse under paragraph 320(11).

Also, since the offence was committed when you were underage, the concession should also favour you meaning you shouldn't be refused under paragaraph 320(7b). Technically, if you apply for a spouse visa, you shouldn't be banned from entering the uk.

I think the reason why your last application was unsuccessful and you received a ban is because you didn't apply under the family category.

IS151 is a removal order. It is more serious than 151a or b. If you had known, you should have asked for it to be revoked and replaced with an a or b. It's not too late though, just make sure you provide enough evidence to show that you left voluntarily so that even if you're refused, this would go in your favour at the AIT.

All the best - and by the way, Frontier Mole is a scaremonger, i'll rather do my own research or seek proper legal advise than listen to him. Personally I wouldn't ask for his advise.

Oops! Did you say you were already 18 when deception took place? That might not be good. It might still be 2011, then.

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Post by Twin » Sun Sep 21, 2008 10:50 am

Frontier Mole wrote:It is a safe bet you will not be returning to the UK for at least 10 years. You just about managed to break every rule in the book. I doubt even if you tried the spouse route you would get back in.

Your immigration history is so appalling and the use of deception will ensure if you were to appeal even a spouse visa refusal it would not be successful.

The only cases worse than yours are foreign national prisoners criminal deports.

SECOND HUSBAND!! NO DIVORCE PAPERS oh dear perhaps we can add that to the list as well. Long may you remain in PAK.
Why so, Judge Frontier Mole? Deception occured some 7 years ago so why would she never return to the UK? She won't be the first and only applicant who has previously used deception and yet was succeful in their application. As long as she discloses her previous deception and doesn't lie in her current application, why should she be forever banned? Paragraph 320 (7a) will only apply if she lies in the current application, isn't it?

I have read worse cases than hers and they were still successful!

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Post by Wanderer » Sun Sep 21, 2008 11:51 am

Frontier Mole = scaremonger = realist.

Look at his moniker, doesn't that give you a clue - he knows what he's talking about.
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by Twin » Sun Sep 21, 2008 5:17 pm

Wanderer wrote:Frontier Mole = scaremonger = realist.

Look at his moniker, doesn't that give you a clue - he knows what he's talking about.
What do they say about birds of the same feather...?

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Thanks

Post by Dua » Sun Sep 21, 2008 5:28 pm

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Last edited by Dua on Thu Sep 25, 2008 5:15 pm, edited 5 times in total.

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Re: Thanks

Post by Twin » Sun Sep 21, 2008 6:55 pm

Dua wrote:Thanks a lot Twin for giving me a ray of hope...... I am a patient of depression since last 4 years and I was continuously on bed and extremely depressed since I found out that there’s no hope of me going back.

As soon as I applied for Asylum I told Home Office that I travelled on a false identity due to the circumstances I had to face in Pakistan although they did not accept the asylum application as a true asylum however it was true at time.

I was eighteen and half at that time therefore, under age can't be an excuse. My all educational certificates and all other documents in UK and marriage certificate are on my real name. I never used that false name anywhere again.

Can you please advise me how and where I can ask for IS 151D to be revoked and replaced with an IS 151A or B. I have got evidence of my ticket which I bought myself as well as I have been communicating with Home Secretary via Theresa May (MP) and I have his letters stating I should leave voluntarily otherwise they will have to do an enforcement removal. I can also get a letter from my solicitor confirming that I have left voluntarily.
Don't worry about revoking the order, but concern yourself about getting married legally (after the divorce comes through) and proving you left voluntarily - the suggestions you have provided seems good.

There is a member called Elias4uk, search for his posts and get a feel of the process (He was a previous asylum seeker who came into the UK under false identity and subsequently made an asylum claim which was later refused just about the time he'd already decided to return home to apply). Being a previous asylum seeker who used deception wouldn't be a reason to refuse your case. The most important thing is that you meet the requirement of the rules and do not lie in your current application. There is also a Nigeria guy who entered the country illegally some 6 years ago but returned to make an application from home and returned home in a matter of weeks.

Your case is not peculiar, the ECOs know that this things happen. You are in a better state as you are applying under the family category.

Now, it might not be plain sailing but it's far better than fighting the home office from the UK. Eventually, it will be sorted.

keep your head up and don't let some BNP member scare you!

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Post by Frontier Mole » Sun Sep 21, 2008 11:51 pm

TWIN
Apart from the BNP slur - which you better retract and apologise for publically on this forum. You are giving DUA false hope.

This is not about entering illegally, there are hundreds that do that on a weekly basis. The point is obtaining a false passport and then a visit visa and coming to the UK all of which is wrong but in certain circumstances excusable. If she had landed in the UK and immediately declared false name etc and claimed asylum there would have been no problem. BUT that was not the case. Dua states she did not apply for asylum for a few weeks - DUA how many is a few?

No matter really as her asylum application was in her own name so at that point she had divested herself of the false identity.

Having read the secondary posts from DUA it is clear that steps were taken as a planned attempt to stay in the UK.

DUA
You have claimed there was no sham marriage - now that is an interesting point. Let me guess a UK PAK was dragged out from somewhere and a quick marriage was performed in the registry office. You had never met him before the asylum case went to court and you were probably pulled to bits in the asylum hearing so let’s put two and two together. No doubt your family paid one hell of a dowry for that little ceremony to be performed. So it was the back up plan to the asylum application.

Asylum gets turned down - and surprise surprise in goes the spouse application. Tiny little issue here, no one bargained for the time taken for the spouse application to be dealt with. Oh dear UK PAKman gets fed up, wants to out of the arrangement, after all, he or his family have already got the money. One way or another he is not willing for you to be his wife any longer OR worse still states more money needed to support the application. Your family does not have the money or will not pay it. Any of this have a ring of truth DUA?

No one is too bothered in HO about the marriage circumstances anyway as spouse application turned down. If you had appealed someone might have made the effort to investigate further.

Education - how was this paid for and how did you gain entry to an establishment without a student visa or a real passport? Let me guess, perhaps a little bit more deception? Perhaps the use of some UK documents to state you were from the UK? So there is another little question?

All of the above gets us no where in real terms but might show there is a little more to your story than you are telling us. Sorry for being so blunt but your story is far from being unique.

Let’s look at your case with a view to dealing with the expanded circumstances you have outlined.

I believe the issue you have comes down to the to wither it is deemed that due to the service of the IS151D you were removed regardless if you left under your own steam or not. Another little point - what document did you leave the country with? A PAK passport in your real name perhaps?

There is a legal case going through the system at the moment that concerns this very point. It is an appeal against a 320(11) refusal on the basis that the individual left “voluntarily and using his own fundsâ€

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Post by Dua » Mon Sep 22, 2008 10:08 am

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Last edited by Dua on Thu Sep 25, 2008 5:16 pm, edited 4 times in total.

Dua
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Thanks Twin

Post by Dua » Mon Sep 22, 2008 10:30 am

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Last edited by Dua on Wed Sep 24, 2008 5:19 am, edited 1 time in total.

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Post by joe777 » Mon Sep 22, 2008 11:09 am

Wanderer wrote:Frontier Mole = scaremonger = realist.

Look at his moniker, doesn't that give you a clue - he knows what he's talking about.
I agree, Frontier Mole tells it you straight, no messing around trying to make you feel better saying it will be ok :cry:

respect to you Frontier Mole :D

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The three little pigs

Post by Frontier Mole » Mon Sep 22, 2008 7:17 pm

DUA,
Did some reading today as a development exercise as you suggested. Combining that with my story telling ability I thought I would exercise my new found talents.

Once upon a time there were three little pigs and they decided that they would travel to a land far far away. Two of the little pigs said lets have a holiday and perhaps do some work while we are in the far away land. The big bad wolf who looked after the far away land said "You can not come in!" The little pigs were not very happy.
Time went by and the three little pigs said lets try again and go to the far away land. They made it much easier for the wolf to say "Yes I will let you in" by changing their names so the wolf would not get confused so easily.
The wolf was told about this little game a month after the three little pigs came to the country.
Last edited by Frontier Mole on Mon Sep 22, 2008 11:45 pm, edited 1 time in total.

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Post by Twin » Mon Sep 22, 2008 7:35 pm

TWIN
Apart from the BNP slur - which you better retract and apologise for publically on this forum. You are giving DUA false hope.
You have got to be kidding, right? Come down a peg or two dearie, there is no way you are going to get an apology from me! Never!! Who do you think you are? You need to point me to where I categorically called you a BNP member. Are you the only member here? I laugh, hahaha!

Tell me exactly where the false hope is. Is it in saying she needs to prove voluntary departure or the fact that she cannot be banned forever? It's a fact! In fact, she shouldn't get a 10 years ban at all! Whatever deception that might have taken place took place some 7 years to go and if at all she will be serving some time on a ban, the maximum she would get is 3 years. Perhaps her future applications might be frustrated with paragraph 320(11).

Who do you think you are? Listen matie, you can only scare some desperate ignorant member who don't know a thing or two about immigration, but not me! There is a thin line between been blunt and been insensitive and rude and mate, you sure cross that line too many times.

You are such a cynic! You even think you know the OP's story more than her! You are just unbelievable!

As per the apology, who knows, you might get it in the next millennium!

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Post by PaperPusher » Mon Sep 22, 2008 8:09 pm

Twin wrote:keep your head up and don't let some BNP member scare you!

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Post by 4444 » Mon Sep 22, 2008 8:46 pm

Frontier Mole wrote:DUA,
Did some reading today as a development exercise as you suggested. Combining that with my story telling ability I thought I would exercise my new found talents.

Once upon a time there were three little pigs and they decided that they would travel to a land far far away. Two of the little pigs said lets have a holiday and perhaps do some work while we are in the far away land. The big bad wolf who looked after the far away land said "You can not come in!" The little pigs were not very happy.
Time went by and the three little pigs said lets try again and go to the far away land. They made it much easier for the wolf to say "Yes I will let you in" by changing their names so the wolf would not get confused so easily.
The wolf was told about this little game a month after the three little pigs came to the country.
lol frontier mole yu made me laugh

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Post by Twin » Mon Sep 22, 2008 8:52 pm

PaperPusher wrote:
Twin wrote:keep your head up and don't let some BNP member scare you!
And where does it directly refer to Frontier Mole being one? :roll:

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Post by Wanderer » Mon Sep 22, 2008 9:32 pm

Twin wrote:
PaperPusher wrote:
Twin wrote:keep your head up and don't let some BNP member scare you!
And where does it directly refer to Frontier Mole being one? :roll:
Must be me then. I've been called worse, Deutschen, nicht bei Juden kauft....
An chéad stad eile Stáisiún Uí Chonghaile....

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Three little pigs continued.... part 2

Post by Frontier Mole » Mon Sep 22, 2008 10:04 pm

Three little pigs continued....

Each of the little pigs said things were VERY bad for them in their land and asked the wolf to let them stay in his nice wonderful land. The wolf was not amused and said they were very naughty and had to go home. The three little pigs did not want to go home so they asked Daddy Bear to tell Mister Wolf he was wrong to tell them to leave. Daddy Bear was a fair and just bear and carefully considered the matter but found that Mister Wolf was right to ask them to leave.
The three little pigs were now very very unhappy but looking on the bright side had found three wonderful Princes’ in the new wonderful land to marry them. Perhaps Mister Wolf would let them stay with their wonderful Princes'. Mister Wolf was not to be persuaded, neither was Daddy Bear when they asked for his help again.
The three little pigs were not ones to give up easily and looked for more help. They asked many other bears, a preverbal tea party of bears to help them, every time they asked they were told Mister Wolf was right to ask them to go home.
Along the way two little pigs stopped being friends with their Princes’, that was a shame!
One little pig stayed friends with the Prince and one day the stork left a present for them under a bush. That was nice.

To be continued....
Last edited by Frontier Mole on Mon Sep 22, 2008 11:46 pm, edited 1 time in total.

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Post by Frontier Mole » Mon Sep 22, 2008 10:33 pm

The story will continue tomorrow, I do hope you like it. There are some really interesting bits yet to come. The three little pigs meet other exciting characters along the way and I do believe there will be a role for Mister Sly Old Fox, who is the friend of Mister Wolf. Mr. Sly Old Fox lives in far away land....
Guest appearances will no doubt be forth coming from Wise Old Owl, the Dark Witch and there will be a mention from the leprechauns about the missing pot of gold at the end of the rainbow.

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Post by PaperPusher » Mon Sep 22, 2008 10:40 pm

It is you Wanderer, otherwise it can only be Vinny. Those useful links that Vinny posts are really beyond the pale.

Dua - before you make any application as a spouse, whether in the UK or in Pakistan, you are going to have to get married in a way that is recognised in the UK, and in the UK bigamous marriages are out I am afraid.

The entry clearance officer will look on your previous immigration history alot more harshly in a student application than a spouse application.

I also do not understand why you made a student application, when from what you post your intention is to settle in the UK with your partner.

I think that you will have an uphill struggle coming to the UK as a student considering your previous immigration history.

Regards

PP

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