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Marriage with 10 year ban still active

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Holden
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Joined: Wed Aug 29, 2018 5:32 pm
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Jamaica

Marriage with 10 year ban still active

Post by Holden » Wed Aug 29, 2018 6:02 pm

Greetings All,
Apologies if this is a lengthy one but I'm at my wits end.
I am a Jamaican born citizen who was refused an in-transit visa for the UK back in 2010. I am a writer and was on my way to the world fair in Shanghai, China but needed an in-transit visa to get there. I submitted all my documents and was refused and ban for 10 years stating that they (the BHC) did not believe that my financial documents were genuine and that they did not believe I would leave the UK if a visa was issued to me.

In hindsight, I can understand why they thought my financial documents were not legit, which they were. It was a brand new account and the equivalent of around 8,000 pounds was deposited into my account. That money was from a producer here in Jamaica who optioned my novel to make it into a film. He was sending me to the world fair in China, to market and promote the book. That's how the money made it to my account.

I am now married to a British born citizen. My wife, who I have know for well over ten years, flew to Jamaica to marry me, and is now looking to file for me to join her in the UK.

My questions are as follows:

1) Given that I have 2 more years of my ban remaining, what possible problems could we face with the spousal visa application, noting that all the prerequisite we meet such as financially, accommodation, her status, etc.

2) Would the fact that I am now married to a British citizen make a difference given that I still have two more years to go on my ban

3) If my wife was pregnant with our first child would that work in our favor or would it not matter to BHC.

4) What advise could anyone give that would help me out.

I would be eternally grateful as my wife and I are desperately searching for answers so we can move forward with confidence.

Thanks to anyone and everyone in advance.

Holden

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Marriage with 10 year ban still active

Post by Casa » Wed Aug 29, 2018 6:33 pm

A Spouse Settlement visa shouldn't be refused under 320(7b) of the Immigration Rules, but may fail under 320(11).
1.4 RFL5.4 When does rule 320(7B) not apply? rule A320
Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:

https://www.gov.uk/government/publicati ... b-and-a320

Read through the 320(11)) information in the link below:
https://www.gov.uk/government/publicati ... raph-32011

You may be OK.
(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.

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