Expert Advice Needed on Previous stay .

[sapnadreamer]

Hi ,

I really need an Expert Advice on here .It mite sound bit complicated but here i go ....

I went to the UK in 2007 on student visa which was for one of the best universities.I could not complete my degree and switched over my visa to PSW ( by paying to solicitor for sum CCL college and got my visa) before my student visa getting expired like before 4months .I had no probs at all my visa got expired and i came back to my home country .In this duration i was unluckily got into sum stupid conviction which is spent already yrs ago as it was just a 1yr conviction so that is now spent .

Now the question ,am getting married to someone who is already there in the UK on workpermit .I want to apply for dependent visa will all this be considered for my application???I have studies thru english medium what i do have IELTS too but what proof i need to submit for English speaking ??IELTS or MY graduation certificate from my home country.

Any help Pleasee !!Thanks!!

[Greenie]

they are likely to look at your previous immigration history and note that your obtained your PSW leave using deception/false documents and your application will therefore be refused on that basis.

[sapnadreamer]

But on HR grounds i should be allowed to live with my husband isnt it??

[Greenie]

But on HR grounds i should be allowed to live with my husband isnt it??

unlikely if he is only here as a work permit holder/tier 2 migrant. You can live together in your home country if you wish to do so.

[sapnadreamer]

(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 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later;

(v) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago; or

(vi) 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.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

(ii) a fiancé(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or


i found this while reading loads of topics ...they hv mentioned that it shall not apply if ur spouse ...am i getting it rite?

[Greenie]

No you are getting it wrong. Your spouse is not settled so this paragraph does not apply.

[sapnadreamer]

so is it like i will be deffo be refused ....are they gonna check it 100% even though i hv deportation or smthign on my passport and i came back on my own expense nd its like now 2years ....and please if i could know abt english Proficiency too .

i will apply anyway and will see what happens...thanks !

[sapnadreamer]

i mean i dnt have anything sort of like deportatin stamp