10 Year Ban - Spousal Visa

[jordanna9]

Hi my partner applied for a visitor visa in 2010 and was refused for various reasons. We reapplied to address the UKBA concerns and submitted proof. He was refused again and given a 10 year ban because he answered 'yes' to the question do you have any criminal convictions but not stating each offence.

He was convicted of a driving offence, obstructing a police officer & possession of a £10 bag of weed, which he was given a fine of £343. He explained the reason why the incident occurred on the application form but did not list the the offences. The offence took place in the UK in 2006. Presuming that the UKBA would check with the CRB i explained the incident. I guess it would have been a better to supply additional paperwork to explain.

We went to Jamaica in 2007, I came back to the UK in 2010 and found work and gave birth to our child. I have ILR since 1985 and my child has a British Passport.

At present he is looking after our son in Jamaica to help reduce child care costs. I'm going to Jamaica to get married next month. Can we apply for a spousal visa because he's only 2 years into the ban.

I've read various information online and i believe we meet the other requirements.

Not sure about having savings, i earn £40k pa but have no substantial savings, i send £100 a week to Jamaica to help with the financial commitments my partner has, would this be a issue also.

I would be grateful for any guidance.

[reabs]

That 10 year ban will not apply if you are applying for a spouse visa. You must however fill out the VAF4A form completely, leaving no blank responses to required questions. An incomplete application is as good as no application at all.

Your income is well above the required threshold so no problems there - at that level of income, you are not expected to show any savings. Just have adequate bank statements and payslips/audited accounts to show the income. The £100 a week you send to your partner is a good thing. It shows that you are able to look after him and your child without resorting to public funds. Keep proof of that.

From my experience, I found that having lots of documentation helps with your application but adequate preparation is key. Your application should be more clear cut though as you have a child together.

[jordanna9]

Thank you for your reply reabs.

I'm sure that i will be able to complete the form myself but will it better to use a solicitor to do it so they can represent us if we are turned down or will it be ok to approach one afterwards if this happens. My partner wants me to use one at the start of the process but the fees are alot to complete the form etc.