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

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Re: Three little pigs continued.... part 2

Post by 4444 » Tue Sep 23, 2008 5:50 am

Frontier Mole wrote: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....
this story is so funny hope it continues as yu say frontier mole. you are the greatest story teller of all times . keep it up FM
Last edited by 4444 on Tue Sep 23, 2008 12:44 pm, edited 1 time in total.

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Post by archigabe » Tue Sep 23, 2008 11:41 am

come on guys, there's no point in trying to humiliate someone who's already in a depression.let's stick to constructive advice...

Dua, you mentioned applying for asylum, is that how your other family members were allowed to stay? What was the reasons for the asylum claim, and why was it refused for you? Is that something you can pursue again?

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Re: Story writer

Post by katatonia » Tue Sep 23, 2008 6:40 pm

(for anyone who doesn’t know) that in Muslims you cannot live together before you get married and infect I believe you can never guess your marriage would work out or not till you live together day and night or really love each other.

Dua , Islam has nothing to do with this , coz you giving the wrong information about Islam, so there no need to mention it from the first place, Muslim should not comet fraud. there is something in Islam called engagement which allow the couple to know each other before they get married, I am foreign national and my wife is British converted to Islam , we been in engagement first and we were not in any sexual relationship until we got married and we knew each other very well, and after this we got married, and our marriage thank god is very good ,so what u said is totally based on lies about Islam, if you want justify what u done don’t involve Islam on it.

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Re: Story writer

Post by Twin » Tue Sep 23, 2008 7:27 pm

katatonia wrote:(for anyone who doesn’t know) that in Muslims you cannot live together before you get married and infect I believe you can never guess your marriage would work out or not till you live together day and night or really love each other.

Dua , Islam has nothing to do with this , coz you giving the wrong information about Islam, so there no need to mention it from the first place, Muslim should not comet fraud. there is something in Islam called engagement which allow the couple to know each other before they get married, I am foreign national and my wife is British converted to Islam , we been in engagement first and we were not in any sexual relationship until we got married and we knew each other very well, and after this we got married, and our marriage thank god is very good ,so what u said is totally based on lies about Islam, if you want justify what u done don’t involve Islam on it.
What fraud, Miss holy one? She who has no blemish. Pshew! :roll:

Anyway, Dua my darling, ignore the likes of Wanderer and most especially Frontier Mole, regard their rantings as water of a duck's back.

Back to the order of the day - For what reason was your previous application refused? I am guessing you received the ban on the basis of the removal order i.e not leaving voluntarily? Or is it that they found out about your previous deception? I guess they can tell from your records in the UK but certainly wouldn't be the reason for the ban.

I'll look for elias4uk's posts and revert shortly.

Chin up girl, these non-entities and faceless idiots are just empty barrells that make loud noise.

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Post by Twin » Tue Sep 23, 2008 7:30 pm

archigabe wrote:come on guys, there's no point in trying to humiliate someone who's already in a depression.let's stick to constructive advice...

Dua, you mentioned applying for asylum, is that how your other family members were allowed to stay? What was the reasons for the asylum claim, and why was it refused for you? Is that something you can pursue again?
Thank you! Please tell them.

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Re: Story writer

Post by Wanderer » Tue Sep 23, 2008 9:50 pm

Twin wrote:
katatonia wrote:(for anyone who doesn’t know) that in Muslims you cannot live together before you get married and infect I believe you can never guess your marriage would work out or not till you live together day and night or really love each other.

Dua , Islam has nothing to do with this , coz you giving the wrong information about Islam, so there no need to mention it from the first place, Muslim should not comet fraud. there is something in Islam called engagement which allow the couple to know each other before they get married, I am foreign national and my wife is British converted to Islam , we been in engagement first and we were not in any sexual relationship until we got married and we knew each other very well, and after this we got married, and our marriage thank god is very good ,so what u said is totally based on lies about Islam, if you want justify what u done don’t involve Islam on it.
What fraud, Miss holy one? She who has no blemish. Pshew! :roll:

Anyway, Dua my darling, ignore the likes of Wanderer and most especially Frontier Mole, regard their rantings as water of a duck's back.

Back to the order of the day - For what reason was your previous application refused? I am guessing you received the ban on the basis of the removal order i.e not leaving voluntarily? Or is it that they found out about your previous deception? I guess they can tell from your records in the UK but certainly wouldn't be the reason for the ban.

I'll look for elias4uk's posts and revert shortly.

Chin up girl, these non-entities and faceless idiots are just empty barrells that make loud noise.
Take the Blue Pill....
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by Frontier Mole » Tue Sep 23, 2008 10:25 pm

DUA,
Yes ignore me as I do not know what I am talking about.

Silly question time.
What can you do with barley that you can not do with mead?
I bet DUA knows!

Anyway I like my three little pigs story so I will carry on.

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The three little pigs..... part 3

Post by Frontier Mole » Tue Sep 23, 2008 11:00 pm

None of the three little pigs were allowed to stay in the nice land despite all their efforts to do so. They should have all gone back to far away land, but Mister Wolf was not good with little pigs, we all know a story about that, don't we. Mister Wolf should have collected the three little pigs and helped them to go home. Mister Wolf spent so much time chasing his own tail he could not help the three little pigs to go back to far away land. Poor Mister Wolf!
The three little pigs carried on living in nice land. One little pig used nice land to help her learning and development but should not have done that as she was not allowed to. She did not have the right little bits of paper from Mister Wolf, naughty little pig! The other little pigs also did things they were not allowed too, ho hum.

Mister Wolf is a caring sort of guy and asked the little pigs to come and visit him every so often. He sent them nice invitations so they knew where and when they should visit him. One little pig came to visit once but did not visit Mister Wolf again. Rude little pig!

Wise Old Owl lives in a very common house in a big city. He likes to make sure nice land stays that way and employs Mister Wolf to help him. Unfortunately Mister Wolf had not helped all the creatures who should not be in nice land to go home. One day Wise Old Owl thinks up a grand plan to help all those creatures who should not be in nice land to go home.

Wise Old Owl said “creatures that should not be in nice land who go home can come back to nice land as long as they talk to Sly Old Fox first. Sly Old Fox lives in lots and lots of far away lands. He is a good friend of Mister Wolf.

One little pig thought this a great idea as she could live in nice land again once she went back to far away land and talked to Sly Old Fox. Before she went back she talked to Mister Wolf who gave her a present. Little pig thought it was a nice present until she took the wrapping off. Little pig did not know what to do with the present once the wrapping was off.

Little pig went back to far away land.

Find out what happened in far away land tomorrow.

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I see

Post by Dua » Wed Sep 24, 2008 7:20 am

............

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Post by Frontier Mole » Wed Sep 24, 2008 9:02 am

Now that DUA understands her position, the three little pigs’ story has come to a premature end. Sorry to disappoint any avid readers.

DUA - I can offer some useful advice and perhaps supply answers to some of your questions. There are even options for you to consider. Your call.

A general point not aimed at DUA.

There are many excellent people on this site from every part of the immigration business. Yes there will be points that one side of the equation will disagree with the other. That is natural. For those in need of advice I ask only for one thing - honesty. With a little bit of honesty things work out so much better on the forum. Why waste the time of those that can and do help with half truths and incomplete histories. It will not help achieve anything and possibly make things far worse. Acting on advice you want to hear as opposed to advice you should hear lead to different outcomes.

TWIN - you are way way out of your depth, you can not even begin to comprehend the seriousness of this case. Every bit of advice you have offered is useless in the circumstances. I think DUA now understands that. If she still wants to return to the UK she is not going to find the magic solution on this site, certainly not in the open forum.

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Post by Dua » Wed Sep 24, 2008 9:16 am

................
Last edited by Dua on Wed Sep 24, 2008 9:45 am, edited 1 time in total.

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Post by Frontier Mole » Wed Sep 24, 2008 9:20 am

Worse than that - Dark Witch - I would have to be to know what I know.

Never really hid my identity "Frontier Mole" not exactly subtle - many know on the site AND benefit from my knowledge. Not every Mister Wolf hunts with the pack you know.

Immigration abuse does not sit well with me - anyone on this site for any length of time knows that. HOWEVER if the truth is given freely then I give a positive reply.

Still your call.

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Post by jei2 » Wed Sep 24, 2008 11:15 am

Whooo, what did I miss?!

Listen up Twin and Frontier Mole - you're two people with your heads in the right place - (even though they might need knocking together now and again!)

You've both got good analytical minds - albeit via experiences which now appear to be from opposite sides of the fence. And I'm not referring to the BNP, the BLP or even the BFG.

God knows there's enough questionable advice being given on the site without two of the strongest posters going head to head every time there's an issue.

Wasted energy in a volatile year. Not good. Kiss and make up?
Oh, the drama...!

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Post by Dua » Wed Sep 24, 2008 5:27 pm

.....
Last edited by Dua on Thu Sep 25, 2008 5:11 pm, edited 1 time in total.

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Post by Twin » Wed Sep 24, 2008 7:23 pm

Then, go ahead and offer the bloody advise and stop knocking the poor girl! That is if you have anything constructive to offer at all!




Frontier Mole wrote:Now that DUA understands her position, the three little pigs’ story has come to a premature end. Sorry to disappoint any avid readers.

DUA - I can offer some useful advice and perhaps supply answers to some of your questions. There are even options for you to consider. Your call.

A general point not aimed at DUA.

There are many excellent people on this site from every part of the immigration business. Yes there will be points that one side of the equation will disagree with the other. That is natural. For those in need of advice I ask only for one thing - honesty. With a little bit of honesty things work out so much better on the forum. Why waste the time of those that can and do help with half truths and incomplete histories. It will not help achieve anything and possibly make things far worse. Acting on advice you want to hear as opposed to advice you should hear lead to different outcomes.

TWIN - you are way way out of your depth, you can not even begin to comprehend the seriousness of this case. Every bit of advice you have offered is useless in the circumstances. I think DUA now understands that. If she still wants to return to the UK she is not going to find the magic solution on this site, certainly not in the open forum.

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Post by Frontier Mole » Thu Sep 25, 2008 10:09 am

TWIN

:wink: :roll: :D

Love and kisses too

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Post by PaperPusher » Thu Sep 25, 2008 10:29 am

Dua

Now things have calmed down, did you apply to return as a spouse or as a student? You said student in your first post! It does matter what you applied for.
Dua wrote:Therefore, I left UK, July 2008 voluntarily and applied for a student visa which has been rejected. ECO has banned me for 10 years.
If you applied as a student, what course were you going to do:
Dua wrote:I have been studying throughout my stay within UK and obtained two degrees BSc Hons and MBA
I am a bit confused because you say spouse, and then fiance.
Dua wrote:Please in light of these circumstances advise me what can happen to my spouse application in future. I am extremely stressed now and surprised what is going on. My fiancé is in the UK, we are getting married next year and I would than apply for a spouse visa.
You also mentioned that the UK divorce between you and your ex has not gone through yet, but you seem to be deleting your previous posts.

Did you have a nikah namah with your spouse/fiance in Pakistan, or perhaps in the UK?
If in Pakistan did they know that you are still married? Have you had a valid divorce in Pakistan?

Please can you answer the questions because I am confused about what you applied for and who you are married to.

If you applied for a student visa, is your intention to study?

Regards.

PP

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Post by SHAFFI » Thu Sep 25, 2008 1:17 pm

I agree that one should not give anyone false hopes...i dont actually think TWIN is......as from what i can read it is POSITIVE advice...with a POSITIVE outcome!!!

As for other members i have to state that making assumptions/presumptions about a person(s) is deemed a big NEGATIVE!!!


......anyway i guess the hope is we all live and learn!!!

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Post by jei2 » Thu Sep 25, 2008 2:15 pm

SHAFFI wrote:I agree that one should not give anyone false hopes...i dont actually think TWIN is......as from what i can read it is POSITIVE advice...with a POSITIVE outcome!!!

As for other members i have to state that making assumptions/presumptions about a person(s) is deemed a big NEGATIVE!!!
......anyway i guess the hope is we all live and learn!!!
It's not about making assumptions/presumptions about a person but about their specific actions, that have led them into a dilemma. (Hell, sometimes it is presumptions about them too, but that's part of our survival instincts).

In this case however, the fact remains that deception - whether intentional or not - is going to be penalised. This is Dua's particular dilemma.

And unfortunately when people say they want advice, what they tend to mean is that they want to hear a fairy tale... barring any recent..er.. renditions here.

Sometimes there really is no other way to deliver bad news. Hard ears you won't learn...own way you will feel.
Oh, the drama...!

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Post by Frontier Mole » Thu Sep 25, 2008 4:20 pm

My only reply is to let DUA decide what is or is not good advice. After all it is her own circumstances that dictate what is or is not the best way to go forward.

As for assumptions, some know the facts, some do not. Those that do know the facts will always have the upper hand. Those that do not know the facts will always assume that their knowledge is the facts. The gulf between these two points of view is massive. It is just human nature to believe that our own knowledge is the complete picture. Only once the whole picture is revealed do we realise the scale of our incomplete knowledge.

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Post by Twin » Thu Sep 25, 2008 7:35 pm

Frontier Mole wrote:My only reply is to let DUA decide what is or is not good advice. After all it is her own circumstances that dictate what is or is not the best way to go forward.

As for assumptions, some know the facts, some do not. Those that do know the facts will always have the upper hand. Those that do not know the facts will always assume that their knowledge is the facts. The gulf between these two points of view is massive. It is just human nature to believe that our own knowledge is the complete picture. Only once the whole picture is revealed do we realise the scale of our incomplete knowledge.
In this case however, there is no good or bad advise. The only advises I see so far are from myself (wether positive or negative). Vince put in a valuable post (providing the OP a link).

What have you done, Frontier? Run through your posts and see if you have actually offered this lady any advise. Do you call castigating an advice?

Did you give any basis for your conclusion that she will never return to the UK? You kept on knocking on deception and I said: so what? She isn't the first to and wouldn't be the last. It isn't a good thing but tell me if you haven't done far worse things in your life.

I don't like cowards but I can see that the internet give a lot of you cowards to be faceless and take out your issues on others. You live and drink immigrationboards, that I wonder if you do have a day job. Perhaps you need to get out more. Immigration isn't the be it all and end all. You can be subjective and blunt without being mean. Frontier Mole, you are insensitive and rude!

So what if she didn't divulge the whole truth? Does it give you the right to slate her? How are you sure that the others you have offered advise in the past haven't been economical with the truth? Can you categorically say that they told nothing but the truth?

If this Lady can come out to say she used deception, what more could be worse? What else could she be hiding? Oh, you'd rather know how she met her husband and the first time they had sex? Of what relevance is the whole story to you?

She's a lady of a certain age who entered the country at the age of 18 under an assumed identity and later went on to continue her tetiary education in the UK. Ok, so she may have used deception to obtain entry onto the course, so what? Whether she worked illegally, studied illegally or married illegally (lol), she has received the maximum sentence for her previous wrong doing and she can't receive more than that! And guess what, she didn't receive the 10 years ban for deception, she received it for the removal order!

So you see, the issue of deception didn't even come up here at all! She has left the country before the end of September 08 so she couldn't and I mean ever be refused for deception! Well...not except she lies in her current application. If in doubt, return to paragraph 320 of the immigration rules and refute all my claims. The maximum ban she should ever receive if there wasn't a removal order should have been 3 years for previous deception but even that does not apply to her because the concession covers her.

Yes, 320(11) can be used but it can be fought in court. Article 8 can still be strong as supported by the High Courts in recent case laws. Even stronger in out of country cases as it is deemed you are applying under the rules and not currently in the country as an overstayer.

You disagree then counter my argument.

Your serve Frontier Mole - your serve!

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Post by Frontier Mole » Fri Sep 26, 2008 12:29 am

TWIN
Before you throw any more toys out of the pram - read your PM's.

The whole story is important, missing out the bits that give the whole picture makes no sense. Asking for help based on some of the facts is not going to address the overall position.

DUA has a whole bag of immigration issues one being deception. The removal is NOT the main issue, in her defence she has done more than anyone I have ever dealt with to facilitate her own removal. What was done to her along the way by Mister Wolf was pretty crappy. That element could be revisited with a good chance of success.

The deception element, credibility issues with previous appeals, breaching conditions are the real killer issues when trying to deal with such a matter in court. Her case will be shot to bits, even as a spouse application because of the immigration history. Regardless of the attempts to explain the history away it will just not cut any ice. The return to the UK through use of the concession is knocked out by 320(11). Given the circumstances the AIT will not overturn this refusal or any future refusal based on a spouse application. The clock will have to tick down the 10 years.

Article 8 is not currently engaged and even if it was what High Court case would you be relying on? The ECHR case from Norway is supporting mandatory bans so there is no relief there.
http://www.bailii.org/eu/cases/ECHR/2008/761.html

I see only one route and that is Surinder Singh.

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Post by Twin » Fri Sep 26, 2008 7:47 pm

To whoever might have been offended by my BNP comment - I apologise.

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