Urgent Help required Please - Spouse Visa Refused New Delhi

[Ikonkar]

Guys,
This is for my friend, he received his refusal today under 320 (11). UKVI & HO claims that he's been absconded since he arrived in the UK back in 2000, but my friend never has ever applied for any application 2010 (his first application). and the only time he was put on reporting was after his initial refusal in 2010 and has been reporting it on time until recently when he left UK voluntarily.

This is a blatant lie (but we can discuss that later), but in the interim can guru's please advise us the next step.. Really upset with the decision and the quality of decision is very poor.

Bit of background
My mate entered in 2000 illegally, in a relationship with British citizen since 2007, moved in together in 2012, legally registered marriage in feb 2014 until he recently went back to apply. My mate's wife's own business and few other properties.

I'd really appreciate your suggestions.



attached refusal letter

[Casa]

How did your friend support himself for the 10 years while he remained under the radar and before he made himself known to the Home Office

How did he first enter the UK illegally? With false documents?

[CR001]

legally registered marriage in feb 2014

How did he do this without documentation? Where did he register the marriage.

[Ikonkar]

he entered illegally via Calais, he was living at other people's mercy (friends and family, his at that time girl friend now wife) and yes managed to stay under radar for 10 years before he applied under FLR (O) humanitarian grounds.

[Ikonkar]

legally registered marriage in feb 2014

How did he do this without documentation? Where did he register the marriage.

He obtained the short validity passport from Indian High Commission on 2 separate occasions, that's how he got married.

[Casa]

The frivolous & vexatious applications in an attempt to frustrate the Immigration Rules , is alone sufficient to result in a refusal under 320(11).

[Ikonkar]

The frivolous & vexatious applications in an attempt to frustrate the Immigration Rules , is alone sufficient to result in a refusal under 320(11).

oh dear so he did 2 applications, 1 in 2010 under FLR (O) being with the british girl friend for 4 years (un married) and then in 2014 after registering marriage. We tried to do it again in Nov 2015 - however, his passport expired and they invalidated his application.

so 2 applications in 16 years turns out to be against him?

[Casa]

You've overlooked the fact that the applications were deemed to be invalid (frivolous & vexatious) and there were several requests for re-consideration, various legal challenges by Judicial Review and the fact that the Secretary of State has levied charges for these...which I assume remain unpaid?

[Ikonkar]

You've overlooked the fact that the applications were deemed to be invalid (frivolous & vexatious) and there were several requests for re-consideration, various legal challenges by Judicial Review and the fact that the Secretary of State has levied charges for these...which I assume remain unpaid?

Hi Casa,
true - sorry for the ignorance, you are right, we did send in re-considerations, once Judicial review which we lost and £90.00 was paid to treasury solicitors.

Moving on - what can we do? appeal, I think.

[CR001]

Has he been given the right to appeal?

[Ikonkar]

Has he been given the right to appeal?

yes buddy, really confused. we prepared so well

Very disappointing.

Another fact is he came into the country in March 2000, wehereas HO claims in Feb 2000 - that can be clarified once the SAR comes out, but for him is the time its going to go through all the legal hurdles now.