Wife entered U.K on visitor visa - Spouse Visa Application - Will it effect the Visa in being granted??

[niv619]

Afternoon all,

I am just in the process of submitting the spouse visa application.

Known my wife now for two years (married one).

Everything is fine in relation to the application and a solictor is involved however we only have one concern.

After our marriage she entered the U.K on her six month visitor visa that was due to expire. She was asked upon arrival in the U.K, under passport control if she was single she stated yes, obviously misleading the border control.

Will this be an issue and could it even result in her being rejected the spousal visa??

She has entered U.K twice and Italy and gone back obviously at all times.

We just wanted to spend more time after marriage hence her coming.

Any replies welcome, awaiting your response as we are both anxious.

[Casa]

It depends on whether her (false) declaration to the Immigration Office on entry is recorded on the UKVI system.

Did she state that she was in a relationship with someone in the UK on her visitor visa application? If not, what was the reason given for her visit?

[niv619]

Thanks for your reply.

She orignally entered the U.K five months previously under the visitor visa and was sponsored by her mums brother.

Obviously the main reason was to meet me as we had been speaking numerous months.

I went to India and got married to her.

Two weeks later just when her visitor visa was due to expire she entered the U.K and was here for nearly three weeks.

Upon entering the second time (under her visitor visa) she was asked at the airport if she was single, which she simply replied yes.

We are worried that this can negatively effect everything?

[Casa]

It depends on whether her (false) declaration to the Immigration Office on entry is recorded on the UKVI system.

[niv619]

If it was?

[Casa]

Then there will be a risk of refusal due to giving false information .

False information or failure to disclose a material fact
V 9.4 Where:
(a) false representations were made or false documents or information submitted (whether or not material to the application, and whether or not to the applicant’s knowledge); or
(b) material facts were not disclosed, in relation to the application for a visit visa or leave to enter or remain as a visitor, or in order to obtain documents from the Secretary of State or a third party provided in support of their application.

[niv619]

Thanks Casa for your kind help - This is understandable. What are the chances of this, does it just depend on the immgration officer looking at the case?

Any percentage rate, jut so we can gauge what could happen?

[Casa]

No one can forecast a percentage chance of success or failure. The Entry Clearance Officer assessing the Spouse visa application is required to cross-check with the HO internal systems, but the issue will be whether her statement was recorded by the IO at UK Border Control or not.

[seagul]

I think the information given verbally/written about marital status must be in records because it has same worth like a person's name, data of birth, nationality etc and more likely HO wont ignore it. Being legally married even overseas but declaring single won't be seen a mistake.

[Casa]

I think the information given verbally/written about marital status must be in records because it has same worth like a person's name, data of birth, nationality etc and more likely HO wont ignore it. Being legally married even overseas but declaring single won't be seen a mistake.

The IO won't necessarily have input the response regarding marital status into the system. At the time the visitor visa application was submitted, the OP's wife was single.