Immigration history

[socrates17]

My wife (russian) will be submitting our application in the next few weeks and I am taking all the documents over to her next week. I was wondering if anyone has any experience in a situation similar to ours.
She came over on a tourist visa last year and we were given some very bad advice from an OISC consultant that we could apply for an EEA2 family permit. Given I had only ever worked in the UK I was obviously not exercising my treaty rights but we were even lied to by this consultant regarding claims she had done similar applications before successfully.
Anyway, we were obviously refused and my wife returned to Russia voluntarily and at our own expense to make an application through the proper route. Technically she was in breach of immigration rules living with me on a tourist visa even though this was a decision we took AFTER her original application to come to UK as a tourist.
Will this previously bad immigration history count against us? We are submitting all the email correspondence (lies included) from the immigration consultant.
I will add that she originally came for just 3 weeks with a hotel booked (we later canceled this and have email confirmation) and we have her return flight booking. She then went back to arrange a wedding in russia and we returned together, still on her tourist visa believing we could use the EEA family permit route

[Amber]

My wife (russian) will be submitting our application in the next few weeks and I am taking all the documents over to her next week. I was wondering if anyone has any experience in a situation similar to ours.
She came over on a tourist visa last year and we were given some very bad advice from an OISC consultant that we could apply for an EEA2 family permit. Given I had only ever worked in the UK I was obviously not exercising my treaty rights but we were even lied to by this consultant regarding claims she had done similar applications before successfully.
Anyway, we were obviously refused and my wife returned to Russia voluntarily and at our own expense to make an application through the proper route. Technically she was in breach of immigration rules living with me on a tourist visa even though this was a decision we took AFTER her original application to come to UK as a tourist.
Will this previously bad immigration history count against us? We are submitting all the email correspondence (lies included) from the immigration consultant.
I will add that she originally came for just 3 weeks with a hotel booked (we later canceled this and have email confirmation) and we have her return flight booking. She then went back to arrange a wedding in russia and we returned together, still on her tourist visa believing we could use the EEA family permit route

It will be considered with reference to character and conduct. It can be a grounds for refusal. However, include information about why it happened and that she voluntarily left. I would also consider making a formal complaint to the OISC about the advisor.

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[socrates17]

It will be considered with reference to character and conduct. It can be a grounds for refusal. However, include information about why it happened and that she voluntarily left. I would also consider making a formal complaint to the OISC about the advisor.

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary[/quote]

I read this document and it mentions that 320(7) (i.e. breached immigration rules) cannot be used in cases of settlement visa for family only under 320(11) where there are aggravating circumstances as well - which I dont think this applies to.
On her original tourist visa application she had originally booked a hotel and had return flights 3 weeks later (which she used) - no INTENTION to stay, just changed plans after initial application.

[Amber]

It will be considered with reference to character and conduct. It can be a grounds for refusal. However, include information about why it happened and that she voluntarily left. I would also consider making a formal complaint to the OISC about the advisor.

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I read this document and it mentions that 320(7) (i.e. breached immigration rules) cannot be used in cases of settlement visa for family only under 320(11) where there are aggravating circumstances as well - which I dont think this applies to.
On her original tourist visa application she had originally booked a hotel and had return flights 3 weeks later (which she used) - no INTENTION to stay, just changed plans after initial application.[/quote]

True unless "S-EC.1.8. The applicant left or was removed from the UK as a condition of a caution issued in accordance with section 134 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 less than 5 years prior to the date on which the application is decided."

Then:

RFL5.2 How long are applicants automatically refused for?

If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:
12 months if they left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
2 years if they 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
5 years if they left UK voluntarily, at public expense;
5 years if they were removed from the UK as a condition of a caution issued in accordance with s.134 Legal Aid, Sentencing and Punishment of Offenders Act 2012
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.

[socrates17]

So according to this we will be OK?


RFL5.4 When does rule 320(7B) not apply? Rule A320
Under paragraph A320 of the Immigration Rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under Appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:

[Amber]

So according to this we will be OK?


RFL5.4 When does rule 320(7B) not apply? Rule A320
Under paragraph A320 of the Immigration Rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under Appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:

That means an automatic refusal should not be made. However, conduct can always be a way to refuse albeit discretionary. If you fully explain the circumstances you should be ok. If you want professional clarification I suggest you go to an OISC registered advisor, not the same one.