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Spouse visa refusal

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Veevee
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Spouse visa refusal

Post by Veevee » Sun Apr 15, 2018 3:30 pm

:cry: Hi everyone,
this is my 1st post and I'm hoping for some advice from your good selves.
I'm feeling desperate and exhausted from the whole visa process.
I met my now husband in Goa 6yrs ago and we have been together ever since.
We married in Lagos in 2015. However, he stupidly lied and said that he was married on a previous visit visa application, after being advised by a lawyer in Lagos that he would be refused a visa as he didnt have enough ties to his home country.
We then got married and I instructed an immigration lawyer her in UK. I insisted that everything must be truthful and above board. His visa was refused as they don't accept that we have been together since 2012 as he had said that he was married on the visit visa form.
We have appealed and are awaiting the tribunal but this could take 18mths!
My question is as he has lied and used false documentation (he used his brothers wedding certificate), what are our chances of being successful? Can he be banned for 10yrs?
I really appreciate you taking the time to read my post and any informed advice/answers would be most gratefully welcome.
Thank you in advance,
V

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Casa
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United Kingdom

Re: Spouse visa refusal

Post by Casa » Sun Apr 15, 2018 3:48 pm

Unfortunately, your husband continues to be subject to refusal under 320(11) of the Immigration Rules due to knowingly providing false information together with a false document in an attempt to 'frustrate the Immigration Rules' in his visitor visa application.

"(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);"


https://www.gov.uk/government/publicati ... raph-32011
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Veevee
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Re: Spouse visa refusal

Post by Veevee » Mon Apr 16, 2018 9:44 pm

Thank you Casa for your response.
The HO didn't even realise he had submitted a false document,despite the fact that the letter from the solicitor and the letters from myself and my husband, stated very clearly that he had never been married before.
They just didn't believe that we had been together since 2012 because of what he had said on earlier visit visa application.
I insisted that everything was truthful and correct but they didn't even seem to read our letters.
In the appeal to the lower tribunal we told the complete truth.
Do you really think that there is no hope whatsoever for us?
Thank you V :(

Veevee
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Re: Spouse visa refusal

Post by Veevee » Mon Apr 16, 2018 9:47 pm

Just to add that so far he has not received any ban at all.

They only refused him because they don't believe we have been together for almost 6yrs, despite me sending thousands of phone and whatsapp records and hundreds of photos from the last 6yrs.

All the solicitors I spoke to told me that he cannot be barred as we are now married. Please tell me your thinking on this.

Thx V

Veevee
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Re: Spouse visa refusal

Post by Veevee » Mon Apr 16, 2018 9:59 pm

I also thought that the appeal can only consider material relevant to the refusal decision - namely that we have not been in a relationship since 2012. We have been in a committed relationship sine 2012 and married since 2015.

Please let me know your thoughts.
Many thx V

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