student visa canccelled, applying for spouse visa

[kapil_24uk]

hi john

i really need ur help and im very desprate fo help please dvice me sumthing.

i came to uk in 2002 on student visa and was in uk till nov2008.
i was extending my student visa every year by doing different courses.

aug2008 i received letters (*IS96 *IS151A *IS151A PART2 *IS 75 *IS76 *FORM AIT-3

from HO saying i have obtained leave to remain by deception as i was going to that college for 3 yrs and HO raided the college and ponounced it to be Bogus. i applealed this decision in uk and it was dismissed on 22 oct 2008. so i decided to leave voluntarly on 4nov2008 and came back to india.

actualy i want to apply for spouse visa next year as my bf s in uk and im 6 mnths pregnant with his child bt he is going through divorce.

so i really need to knw that if i can ever come back to uk or there is any thing u want to advice me

i will really appreciate if u can help me

kind regards
rimpy

[Mr Rusty]

If you have been judged to have previously used deception in making an application for leave to remain you may be liable to be refused under Para 320 8(11) of the Immigration Rules. It may well depend on exactly what you were accused of, and what the appeal judgement said. You need to consult a suitably-qualified solicitor or Immigration Consultant

[sakura]

hi john

i really need ur help and im very desprate fo help please dvice me sumthing.

i came to uk in 2002 on student visa and was in uk till nov2008.
i was extending my student visa every year by doing different courses.

aug2008 i received letters (*IS96 *IS151A *IS151A PART2 *IS 75 *IS76 *FORM AIT-3

from HO saying i have obtained leave to remain by deception as i was going to that college for 3 yrs and HO raided the college and ponounced it to be Bogus. i applealed this decision in uk and it was dismissed on 22 oct 2008. so i decided to leave voluntarly on 4nov2008 and came back to india.

actualy i want to apply for spouse visa next year as my bf s in uk and im 6 mnths pregnant with his child bt he is going through divorce.

so i really need to knw that if i can ever come back to uk or there is any thing u want to advice me

i will really appreciate if u can help me

kind regards
rimpy

Is your boyfriend a British/EU citizen? Have you lived together (if yes, for how long?)? At what stage is he in his divorce?

[kapil_24uk]

hi john

i really need ur help and im very desprate fo help please dvice me sumthing.

i came to uk in 2002 on student visa and was in uk till nov2008.
i was extending my student visa every year by doing different courses.

aug2008 i received letters (*IS96 *IS151A *IS151A PART2 *IS 75 *IS76 *FORM AIT-3

from HO saying i have obtained leave to remain by deception as i was going to that college for 3 yrs and HO raided the college and ponounced it to be Bogus. i applealed this decision in uk and it was dismissed on 22 oct 2008. so i decided to leave voluntarly on 4nov2008 and came back to india.

actualy i want to apply for spouse visa next year as my bf s in uk and im 6 mnths pregnant with his child bt he is going through divorce.

so i really need to knw that if i can ever come back to uk or there is any thing u want to advice me

i will really appreciate if u can help me

kind regards
rimpy

Is your boyfriend a British/EU citizen? Have you lived together (if yes, for how long?)? At what stage is he in his divorce?

well he is on the initail stage of the divorce.he eea and we have lived together for 10 months

[kapil_24uk]

If you have been judged to have previously used deception in making an application for leave to remain you may be liable to be refused under Para 320 8(11) of the Immigration Rules. It may well depend on exactly what you were accused of, and what the appeal judgement said. You need to consult a suitably-qualified solicitor or Immigration Consultant

thanx for ur reply

i really dont know what the determination letter says but as far as i know the judge said i was lieing all the time so he didnt believe my part of story and dismissed the appeal.

but do u think it is gona be problamatic for me to eaver join my partner again please advice me and recommend me some good egal advisor as im in india.bu i need sum1 from uk who can help me with this case

i manage to read rule 320 but im not too sure if u r talking abt this



Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused
(8) failure by a person arriving in the United Kingdom to furnish the Immigration Officer with such information as may be required for the purpose of deciding whether he requires leave to enter and, if so, whether and on what terms leave should be given;

(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer;

(9) failure by a person seeking leave to enter as a returning resident to satisfy the Immigration Officer that he meets the requirements of paragraph 18 of these Rules, or that he seeks leave to enter for the same purpose as that for which his earlier leave was granted;

(10) production by the person seeking leave to enter the United Kingdom of a national passport or travel document issued by a territorial entity or authority which is not recognised by Her Majesty's Government as a state or is not dealt with as a government by them, or which does not accept valid United Kingdom passports for the purpose of its own immigration control; or a passport or travel document which does not comply with international passport practice;

(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.

(11) DELETED

(12) DELETED

but it says that 11 and 12 deleted
please advice me

[Vanadil]

As Mr.Rusty has said, In order for anyone of us to be able to help you on this board we need some more information and the exact grounds your appeal was refused, rather than just the fact you were lying. If it is the case that you were refused on a serious issue then you may be consistently refused entry to the UK.

[kapil_24uk]

As Mr.Rusty has said, In order for anyone of us to be able to help you on this board we need some more information and the exact grounds your appeal was refused, rather than just the fact you were lying. If it is the case that you were refused on a serious issue then you may be consistently refused entry to the UK.

thanx for ur replly mate

but as i said i left uk even before getting my determination letter.so i realy dont know wot it says but i will try and get the copy and will let u know.

bit more in detal my visa was valid till july 2009 and i receved al those papers in aug2008 appealed sep2008 Ait hearng 22 oct2008 dissmissed...eft uk on 4nov

[sakura]

What country is your partner from?

[Mr Rusty]

As the OP says, reference to deleted paragraphs is confusing. But looking through the Entry Clearance Guidance relating to Para320 (11), it refers back to Para320 7(B), which again refers to
"(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);"
BUT Para 3207(C) exempts applications for spouse or unmarried partner entry clearance.
An application for an EEA Family Permit would be decided with reference to the requirements of the Immigration Rules for unmarried partners, which stipulate that "the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more".
The nationality/status of the child, when it is born, might provide further avenues for investigation.
I will PM the OP with the details of a reliable OISC-registered advisor.

[kapil_24uk]

What country is your partner from?

well my partner was married to eea and now he is going throug divorce....and still in uk on 5 yr eea resident permit

[Wanderer]

What country is your partner from?

well my partner was married to eea and now he is going throug divorce....and still in uk on 5 yr eea resident permit

How long married and how long in UK was he?

[kapil_24uk]

As the OP says, reference to deleted paragraphs is confusing. But looking through the Entry Clearance Guidance relating to Para320 (11), it refers back to Para320 7(B), which again refers to
"(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);"
BUT Para 3207(C) exempts applications for spouse or unmarried partner entry clearance.
An application for an EEA Family Permit would be decided with reference to the requirements of the Immigration Rules for unmarried partners, which stipulate that "the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more".
The nationality/status of the child, when it is born, might provide further avenues for investigation.
I will PM the OP with the details of a reliable OISC-registered advisor.

hi mr rusty

i really dont know wot to say and wot to expect as im really scared.. what to do please advise me good legal advisor so that my parter can consult them there only.

many thanx

[kapil_24uk]

What country is your partner from?

well my partner was married to eea and now he is going throug divorce....and still in uk on 5 yr eea resident permit

How long married and how long in UK was he?

hi
he was married for nearly 5 1/2 yrs now they have initated divorce and is in uk all that time

[kapil_24uk]

As the OP says, reference to deleted paragraphs is confusing. But looking through the Entry Clearance Guidance relating to Para320 (11), it refers back to Para320 7(B), which again refers to
"(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);"
BUT Para 3207(C) exempts applications for spouse or unmarried partner entry clearance.
An application for an EEA Family Permit would be decided with reference to the requirements of the Immigration Rules for unmarried partners, which stipulate that "the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more".
The nationality/status of the child, when it is born, might provide further avenues for investigation.
I will PM the OP with the details of a reliable OISC-registered advisor.

hi mr rusty

i really dont know wot to say and wot to expect as im really scared.. what to do please advise me good legal advisor so that my parter can consult them there only.

many thanx

hi

please advice me sumthing abt me cuming back to uk
thanx

[Mr Rusty]

I sent you a pm commenting on legal advisors.
Given the circumstances you describe, it is difficult to see how you can qualify for entry to the UK in the immediate future.
You or your partner really do need to speak to a suitably-qualified professional, and put forward all the circumstances. An initial consultation may well be free. If the person I recommended or the other about whom you enquired tell you there isn't an immediate solution, take their advice to heart, and don't go running round to find some low-grade solicitor who will take your money to make some application which has no chance of success. Just yesterday I came across a chap who had paid £1600 to a solicitor to make an application which was complete rubbish. A year down the line he's lost his money and is in a real mess.

[kapil_24uk]

I sent you a pm commenting on legal advisors.
Given the circumstances you describe, it is difficult to see how you can qualify for entry to the UK in the immediate future.
You or your partner really do need to speak to a suitably-qualified professional, and put forward all the circumstances. An initial consultation may well be free. If the person I recommended or the other about whom you enquired tell you there isn't an immediate solution, take their advice to heart, and don't go running round to find some low-grade solicitor who will take your money to make some application which has no chance of success. Just yesterday I came across a chap who had paid £1600 to a solicitor to make an application which was complete rubbish. A year down the line he's lost his money and is in a real mess.

thanx ever so much for giving Davieskhans e-mail. i e-mailed them the same stuff which i put on this board in my 1st messege and davies kind of given me a +ve feedback. but please keep me informed if there is anything bad or worst.
thanx

[kapil_24uk]

I sent you a pm commenting on legal advisors.
Given the circumstances you describe, it is difficult to see how you can qualify for entry to the UK in the immediate future.
You or your partner really do need to speak to a suitably-qualified professional, and put forward all the circumstances. An initial consultation may well be free. If the person I recommended or the other about whom you enquired tell you there isn't an immediate solution, take their advice to heart, and don't go running round to find some low-grade solicitor who will take your money to make some application which has no chance of success. Just yesterday I came across a chap who had paid £1600 to a solicitor to make an application which was complete rubbish. A year down the line he's lost his money and is in a real mess.

thanx ever so much for giving Davieskhans e-mail. i e-mailed them the same stuff which i put on this board in my 1st messege and davies kind of given me a +ve feedback. but please keep me informed if there is anything bad or worst.
thanx

hi

please advice me
thanx

[PaperPusher]

kapil_24uk

What do you want advice about? Have you still got an advisor?

[kapil_24uk]

kapil_24uk

What do you want advice about? Have you still got an advisor?

advice for going back to uk on spouse visa.no i dot have a advisor

thanx