My application for further leave to remain as a student was refused on non-point based grounds. I was given a chance of appeal. I appealed against it and won the appeal. Then I waited for a very long time to get my visa issued. After almost a year, I received another refusal stating that the TOEIC I used was fraudulently obtained. I was only given an out of country chance of appeal this time so I returned to my home country voluntarily in July 2015 at my own expense. The appeal procedure is still under process. I recently got married. My wife intends to apply for a student visa for January intake to study for her MSc at a popular university in UK. She’s also taken IELTS and have scored band 7. What I need to know is that if I apply as her dependent, will I be refused entry because of any automatic ban? The official document for re-entry ban suggests that I would be subject to a one-year ban but I am not sure whether this applies to me or not. My wife is not interested in living and studying in UK on her own so she wants me to come to UK with her. My question is, will I be refused entry if I apply as her dependent in February? If yes, What if she changes her plan and commences her studies in September 2016? How likely is it that I would be issued a visa in September 2016 provided that I voluntarily returned within 1 week of getting the second refusal? Please advise.
The wording on re-entry ban document is as follows.
Illegal entrants, those who breach a condition attached to their leave, and those who overstay their lawful leave by more than 90 days, who leave the UK voluntarily at their own expense are ordinarily subject to a mandatory one year re-entry ban unless they are applying for entry clearance as a Family Member (under Appendix FM of the immigration rules)
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