getting mararge visit visa while on a 10 year ban

[tigarnrabbit]

Hi, My partner (a US citizen) and i (UK) are planning to get married and eventually live together in the UK. They only problem is that she has recently been refused a work visa in the UK and has been given a 10 year ban from entering the UK, we are currently in the process of applying for a judicial review and believe we have a very strong case. But we have also recently been told that despite the ban and the review that we could possibly have success gaining a marriage visit visa and subsequently a spouse visa while the ban is in place. It would be great to hear from anyone who has had a similar experience or knows anything about the process . thanks

[Casa]

What was the reason for the ban?

[tigarnrabbit]

She has been accused of deception, but its based on a misunderstanding during an interview

[Casa]

In which case you would need to prove that this is wrong. Otherwise, although 320(7b) under the Immigration Rules shouldn't apply, she faces being refused all visas including marriage visitor and settlement under 320(11).

https://www.gov.uk/government/publicati ... raph-32011

Assuming you are able to overturn the deception charge, do you realise that a Marriage Visitor visa would only enable her to enter the UK to marry within 6 months and then return to her home country? (If the application succeeds). Why don't you marry in the US?

[Casa]

In which case you would need to prove that this is wrong. Otherwise, although 320(7b) under the Immigration Rules shouldn't apply, she faces being refused all visas including marriage visitor and settlement under 320(11).

https://www.gov.uk/government/publicati ... raph-32011

Assuming you are able to overturn the deception charge, do you realise that a Marriage Visitor visa would only enable her to enter the UK to marry within 6 months and then return to her home country? (If the application succeeds). Why don't you marry in the US?

My fellow Moderator, Vinny has corrected me in that a refusal under 320(7b) applies to all visas (including a Marriage Visit visa) unless A320 applies.
See the guidance in the link below:
https://www.gov.uk/guidance/immigration ... 9clearance

[tigarnrabbit]

Thanks Casa, Getting Married in the states could be an option too. we do realise a marriage visitor visa only grants her 6 months. will be speaking with the legal team on monday again so we should have a better idea but it was our understanding that under Appendix FM of the immigration rules marriage vist and spouse visa could still be granted despite the ban

[Casa]

Thanks Casa, Getting Married in the states could be an option too. we do realise a marriage visitor visa only grants her 6 months. will be speaking with the legal team on monday again so we should have a better idea but it was our understanding that under Appendix FM of the immigration rules marriage vist and spouse visa could still be granted despite the ban

Your legal advisor should be well aware that although many of the mandatory bans don't apply for a spouse settlement visa, there are circumstances when the application can be refused under paragraph 320(11) of the Immigration Rules, which includes:

'where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:
(iv) using deception in an application for entry clearance, leave to enter

[vinny]

If they don't rescind the deception allegations, then forget about the marriage visit visa for at least 10 years. It's not under Appendix FM. You may consider a fiancé visa, or a spouse visa, which are under Appendix FM.

However, a refusal under 320(11) may be of indefinite duration.

[tigarnrabbit]

thanks guys, why "at least 10 years" Vinny? if the ban is for 10

[vinny]

The ban for deception in an entry clearance application is 10 years. They would refuse a visit application for at least 10 years. After 10 years, this ban lapses. Perhaps I should have left out "at least"?

[pixelrage09]

If they don't rescind the deception allegations, then forget about the marriage visit visa for at least 10 years. It's not under Appendix FM. You may consider a fiancé visa, or a spouse visa, which are under Appendix FM.

However, a refusal under 320(11) may be of indefinite duration.

Hi Vinny,

If the refusal under 320(11) is indefinite, is it possible they will still hold it against you after the 10 years have lapsed?

Is it just me or is that extremely unfair to the applicant?

[vinny]

It seems to be possible.