Dependent of Tier 4 student visa after CCL scam

[cjv200]

Dear Sir/Madam,

I have applied for PSW(tier 1)on Nov 2008 but i got refusal in Jan'09 because of CCL scam. I got letter from Home office that you have been refused under 322(1A) because of false document submitted. Also written in my letter that ECO is believed that you have used deception in application and i got 1 yr banned under 320(7B) if leave country with own expense, 5 yrs banned on govt. expense and 10yrs if deport me. I have left country within 10 days with my own expense. They have also mentioned that in my future application for UK will not refused under 320(7B) if i apply for spouse, civil partner or same sex partner or unmarried partner under 281 or 295A.

My wife got tier 4 student visa last month. Can i apply for her dependent(spouse) visa next month? what chances to get spouse visa and what precaution i have to take with my dependent application? It's more then 1.5 yrs after my visa refusal and banned is over as well. Please let me know.

Thanks in advance,

[avjones]

You can apply. I suspect you will be refused, though.

[cjv200]

You can apply. I suspect you will be refused, though.

Thanks for your reply. on what ground they will refuse me? my wife studying in top university in uk. i am her spouse and also written in refusal letter that my application will not be refused if i apply for spouse or civil partner. my banned is over.

Pls reply.

[Blackwater1]

You will not be refused but make sure you mention all the FACTS in the application form.

[geriatrix]

They have also mentioned that in my future application for UK will not refused under 320(7B) if i apply for spouse, civil partner or same gender partner or unmarried partner under 281 or 295A.

This applies to spouse / partners / civil partners of people settled in UK / British citizens . On a Tier 4 visa, your wife is neither settled in the UK nor a British citizen.

You may be refused under 320(7B)(ii).

If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:
- 1 year if they left the UK voluntarily, whether or not at public expense;
- 5 years if they left UK voluntarily, at public expense;
- 10 years if they were removed or deported from the UK;
- 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

regards

[vinny]

I don't think that 320(7B)(ii) is applicable because the deception was not in an application for entry clearance.

[geriatrix]

Thanks vinny for the correction. The use of term ECO by OP sent me on the wrong track. Should have read the query in detail.

Apologies!


regards

[avjones]

You can apply. I suspect you will be refused, though.

Thanks for your reply. on what ground they will refuse me? my wife studying in top university in uk. i am her spouse and also written in refusal letter that my application will not be refused if i apply for spouse or civil partner. my banned is over.

Pls reply.

The spouse bit applies to spouses of persons present and settled in the UK. Your wife isn't such a person, so you don't get the free pass for a spouse.

Paragraph 320(11) probably applies:

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.

or 320(19)

where, from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from the United Kingdom is conducive to the public good; if, for example, in the light of the character, conduct or associations of the person seeking leave to enter it is undesirable to give him leave to enter.

[avjones]

I don't think that 320(7B)(ii) is applicable because the deception was not in an application for entry clearance.

320(7B) (d) applies, though. He used deception in an application for leave to remain.

(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.

[cjv200]

I don't think that 320(7B)(ii) is applicable because the deception was not in an application for entry clearance.

Can i take a chance? Please let me know.

[PaperPusher]

CCL is so well known I am sure they will find out. Whether to apply is up to you.

[cjv200]

CCL is so well known I am sure they will find out. Whether to apply is up to you.

I know sir its very well known issue but now i am going to apply as a spouse and my banned is over.

[geriatrix]

now i am going to apply as a spouse and my banned is over.

You are applying as a dependent (dependent visa), and not as spouse (spouse visa). Therefore, you are not subject to protection from refusal as stated in 320(7C).

In other words, EC application may be subject to refusal under 320(7B)(d), as avjones has pointed out above.


regards

[cjv200]

now i am going to apply as a spouse and my banned is over.

You are applying as a dependent (dependent visa), and not as spouse (spouse visa). Therefore, you are not subject to protection from refusal as stated in 320(7C).

In other words, EC application may be subject to refusal under 320(7B)(d), as avjones has pointed out above.


regards

dear moderator,

Please read carefully tier 4 student form. it has written that spouse or partner name, not written dependent name. I will try, if i get it i'll let you know. thanks for your reply.

[PaperPusher]

The moderator meant the rules you are applying under, which is as a dependent of a migrant (but you are married), not as a spouse of a settled or British person.

[shussain452]

just wana let you know the same story of my mate same case but different college. went back to his country and apply as a dependant. succesfull. but one difference his wife is american national.
any how keep us update thats the main thing i have seen a lot of incomplete stories on this forum

[asp]

The exemption from a visa ban if an application is made on the basis that you are married to someone is ONLY relevant if you are applying for entry under para 281. Rule 320(7C) is abundantly clear on that.

281 - not applicable. Your wife is not present and settled or being admitted for settlement. She is student on Tier 4 leave.

[295A is not relevant as it applies to unmarried and/or same sex couples]

[cjv200]

The exemption from a visa ban if an application is made on the basis that you are married to someone is ONLY relevant if you are applying for entry under para 281. Rule 320(7C) is abundantly clear on that.

281 - not applicable. Your wife is not present and settled or being admitted for settlement. She is student on Tier 4 leave.

[295A is not relevant as it applies to unmarried and/or same gender couples]

Any more help? Please give me more reply.

Thanks,

[pennylessinindia]

The exemption from a visa ban if an application is made on the basis that you are married to someone is ONLY relevant if you are applying for entry under para 281. Rule 320(7C) is abundantly clear on that.

281 - not applicable. Your wife is not present and settled or being admitted for settlement. She is student on Tier 4 leave.

[295A is not relevant as it applies to unmarried and/or same gender couples]

Any more help? Please give me more reply.

Thanks,

I think you have had lots of help but no one can tell what you want to hear

[cjv200]

Any more help? What chances of visa? how can i mention in spouse visa form about previous refusal?

[avjones]

You aren't applying for a spouse visa!

[towills]

Any more help? What chances of visa? how can i mention in spouse visa form about previous refusal?

In the application form, 6.3 will help you to mention your incident about previous refusal. Hope this helps. ..By yhe way, you started this thread around 2 weeks ago..r u seriously applying or just enjoying this forum/post?

[geriatrix]

Though a spouse of someone resident in UK, the OP needs to appreciate the difference between a "dependent visa" and a "spouse visa", and the different immigration rules governing the two mutually exclusive visa categories.


regards

[cjv200]

Though a spouse of someone resident in UK, the OP needs to appreciate the difference between a "dependent visa" and a "spouse visa", and the different immigration rules governing the two mutually exclusive visa categories.


regards

Hi,

what is difference between dependent and spouse visa? is it in different category? please let me know. Please also check tier 4 student visa application form(vaf9) part5a, ask for spouse information not dependent.

Thanks,

[geriatrix]

Spouse / unmarried partner / same gender partner / child(ren) of PBS migrants (e.g. - Tier 4 (General) migrant) apply for leave to enter / remain (visa) as dependant of PBS migrant.

Spouse / unmarried partner / same gender partner of PBS migrants do not apply for leave to enter/remain (visa) as a spouse.

This page explains whether and how you can bring your family members (also known as 'dependants') to the UK while you are here as an adult student under Tier 4 (General) of the points-based system.

For more information, see the guidance for dependants of migrants under the points-based system.

Your husband, wife, civil partner or eligible partner and children under 18 can join you as your dependants in the UK ......

The application form is named "Application form VAF10 - PBS Dependant"
The policy guidance is named "Policy guidance on dependants of points-based system migrants"


Unless you are married to a person who is settled in the UK (i.e.- has been granted indefinite leave to remain) or is British citizen, you cannot apply for a spouse visa.



regards