Refusal entry clearance and waiting to appeal

[yvonne523]

Dear all,
I have received the decision of refusal entry clearanceto UK on 15th March 2017 because I was denied entry once in august 2015. I am not being banned from entry UK or apply any visa. Now I'm applying fiance visa to get married with my bf who has PR permit in UK. We decided to go for appeal by oral hearing. Does anyone ever successful turn down the decision by UK immigration and be granted visa from the judge? I am so nervous and worried. Please share some advises and successful cases if there is any.

Thank you!

[Casa]

What was the reason for refusing you entry into the UK in 2015?

[yvonne523]

Hi Casa,
The reason I being denied entry was complicated. It started from I get a dependant visa from my ex husband since 2013. I was granted two and half year of visa to stay in UK. unfortunately me and my ex husband had plenty of arguments and issues during my stay in UK. We decided to separate and live our own. The good thing happened. I met my bf. We were live together in Sheffield until my visa expired in may 2015. I went back home before it expired. I never thought of separated with my ex husband and begin a new relationship was a mistake while I'm still holding dependant visa from my ex husband. Everything was fine until I try to entry UK along with my bf in August 2015. Immigration officers stopped and detained me and sent me home. I got a stamp chop on my passport.

Now, I have fulfilled every requirements of applying fiance visa but they refused because of my denied entry. I'm so lost! I just wanted to be my bf and marry him. Why is it so difficult. Do u think my appeal have chances of winning?

Thank you.

[vinny]

Under what paragraphs of the Immigration rules did they refuse your Fiancé(e) entry clearance?

[CR001]

Are you divorced from your ex husband?

What are the exact words of the fiance visa refusal (excluding personal details)?

[yvonne523]

Dear Vinny
Under paragraph 320(11).

[CR001]

320(11) quoted below.

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:
(i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.

[yvonne523]

Dear CR001
Yes. I was divorced since July 2016.
*you failed to inform home office of your change in circumstances until you were encountered at Manchester airport attempting to enter the UK on 7th August 2015. I therefore refuse your application under paragraph 320(11)II of the immigration rules.*

[yvonne523]

Dear all,
I was refused under paragraph 320(11)ii

[CR001]

When you separated from your husband, he/you should have informed HO about the change in circumstances and your visa would have been curtailed/cancelled. Your visa and right to reside in the UK was directly linked to your husband and both of you being in a subsisting relationship.

HO has clearly taken the view that you breached your visa conditions. When did you and husband separate??

[yvonne523]

Dear CR001
I know it was my mistake. But to be honest I truly not knowing much about the rules of immigration. Me and my ex husband were separated but not divorce. By law we were still husband and wife as in Malaysia husband and wife manage to get divorced after in 2 years of marriage. We were separate in July 2014 and officially divorced in July 2016

[CR001]

Unfortunately, just being 'legally married' is not sufficient. You must be in a subsisting relationship with your sponsor (husband) and living together etc. for you to have the right to reside legally in the UK.

Perhaps vinny can offer more advice.

[yvonne523]

Dear CR001
I am aware this now. But mistake has been done. My concern is will this mistake ruin my life forever? Am I not getting any chance to entry UK anymore? In your opinion, do u think my appeal will be successful or its a waste of time?

[vinny]

See also General grounds for refusal: contriving to frustrate the intention of the rules.