Spouse not declared previous marriage on visit visa application

[Dhoola]

My spouse was previously married but she was told not to declare her marriage for visit visa application, and was granted visa twice. But now we are married and the marriage certificate shows that she was previously married. This contradicts with previous applications. Will this cause a major issue in her application for settlement?

[Casa]

Yes it may, due to giving false information in previous visa applications.

[Dhoola]

What are the maximum consequences (refusal and unable to apply for 10 years)? And can it be explained in application in a positive manner?

[Kwipeh]

What are the maximum consequences (refusal and unable to apply for 10 years)? And can it be explained in application in a positive manner?

I'm not sure how this can be explained away 'in a positive manner' though. Where did she get the previous advice from? Is there written evidence of this? What's her level of education? Can it be said that she was misled due to a lack of understanding of nuance?

[seagul]

What are the maximum consequences (refusal and unable to apply for 10 years)? And can it be explained in application in a positive manner?

HO will never consider it positively.

[Dhoola]

Thanks everyone who replied

She didn't handle her application but her father did, who took the advice of an agent, but of course there is no written evidence of such advice. And to add insult to injury, she is a post-graduate so no excuse there to be misled. She should have known better.

But having this issue, what could be done in such circumstance? Will she ever get a visa?

[Edwardo]

As others have said, this is a very stressful one for you. If you send the application off then I would presume the only way the visa will be issued is if this is not noticed.

Spending thousands of pounds to wait on that hope is a tad too risky, I would say.

But the reality is you only have that option or coming clean and explaining it all as best you can. Then it all comes down to how the officer rates the 'oversight' and who knows? Truth is if you look at it objectively, it does not look good what was done. Hard to argue she had the ability to complete an application form in all other areas correctly but somehow misunderstood the importance of 'married or single?'

This is only an opinion as I am not a lawyer. There may be ways you can get this dealt with positively but you need proper, legal advice.

It does not sound too relevant to a tourist visa (married or single) but this is the Home Office and it all comes down to if they see it as deceitful and fraudulent means of obtaining a previous visa .....meaning they then will start from a viewpoint that this spouse visa application is deceitful and fraudulent too.

On balance I would say you must try to explain it.

[Casa]

https://www.gov.uk/guidance/immigration ... or-refusal
From the Immigration Rules - General grounds for refusal:

"(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application."

Also official guidance for Entry Clearance Officers:
"False representation is when an applicant or third party lies or makes a false
statement in an application. This could be in writing or orally when you interview
the applicant or third party. You must refuse such an application under paragraph
320(7A), even if:
• the false representation is not relevant to the application or your decision
• where the false representation was made by a third party, the applicant did
not know, or claims not to know, that false representations have been used"

https://assets.publishing.service.gov.u ... 9.0EXT.PDF
Subject to a 10 year ban.

What was the reason for withholding the fact that she was married in the previous visitor visa applications

[Dhoola]

It's not looking good from the legal point of view and HO rules.

The reason given by the agent to withhold information about her marriage was that she will not be able to show her ties to the originating country if she applied alone, hence refusal of visa.

[Casa]

When applying for a Spouse Settlement visa, a refusal under 320(7b) wouldn't generally be relevant if the applicant was unaware of the false declaration. However in your wife's case there is the following issue which is likely to result in a refusal under 320(11) of the Immigration Rules as she was fully aware of the reason the false information was being given in order to be granted entry as a visitor.

[Obie]

I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.

[Casa]

I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.

Obie, I haven't said it will be a cut and dried refusal...simply that it may fail under 320(11).

[Obie]

I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.

Obie, I haven't said it will be a cut and dried refusal...simply that it may fail under 320(11).

Sorry for the misunderstanding, i was just unable to think that false representation alone will engage 320(11).

I must make clear that i am not seeking to condone what OP did, or provide justification, i am simply providing a view based on the policy and the caselaws.

[Dhoola]

I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.

Please forgive me, I am not really conversant with Immigration Law, but reading through this board and generally, I understand it that 320(11) is applied where the ECO had been frustrated, including obtaining EC with deception, as in my wife's case where she withheld information about her marital status twice. The second time she was granted a multiple entry visa for 2 years.

However, I must point out that she did not overstay in any of her visits, and she did not even avail all the entries of her 2 year multiple visa. Will this not go in her favour that she was not trying to stay in the country longer than she was granted leave?

What are your opinions

• If she comes out clean now, then what are the chances of her being granted a visa?

• By declaring everything now, will she be refused in the first instance?

• Will she be handed down a ban?

I am a little confused with the terminology when reading the case laws, and it seems that the REFUSAL is indefinite, but a BAN is time limited. Could someone please clarify this confusion?

[Kwipeh]

Does the current marriage certificate show the dates of when she was previously married?

I am not in agreement with all the contributors that said it is the end of the world.

I know it was wrong to withhold information.

However i am really not convinced that your case will fall within 320(11), such that it will merit a refusal on that basis.

Please forgive me, I am not really conversant with Immigration Law, but reading through this board and generally, I understand it that 320(11) is applied where the ECO had been frustrated, including obtaining EC with deception, as in my wife's case where she withheld information about her marital status twice. The second time she was granted a multiple entry visa for 2 years.

However, I must point out that she did not overstay in any of her visits, and she did not even avail all the entries of her 2 year multiple visa. Will this not go in her favour that she was not trying to stay in the country longer than she was granted leave?

What are your opinions

• If she comes out clean now, then what are the chances of her being granted a visa?

• By declaring everything now, will she be refused in the first instance?

• Will she be handed down a ban?

I am a little confused with the terminology when reading the case laws, and it seems that the REFUSAL is indefinite, but a BAN is time limited. Could someone please clarify this confusion?

[Casa]

Irrespective of the dates on the marriage certificate, the divorce certificate must be submitted with the Spouse visa application.

[Kwipeh]

Irrespective of the dates on the marriage certificate, the divorce certificate must be submitted with the Spouse visa application.

Ah, this is true.

[rexabruzzi]

My spouse was previously married but she was told not to declare her marriage for visit visa application, and was granted visa twice. But now we are married and the marriage certificate shows that she was previously married. This contradicts with previous applications. Will this cause a major issue in her application for settlement?

Hi Dhoola,

hope you're well. Just wanted to check on the status of your application? any luck?

I am sitting at a very very similar position here and about to apply for spouse visa. I had declared single taking the advice of a lawyer while actually married - for a visit visa twice. about to apply for spouse visa now.

Would highly appreciate your reply..

Thanks,

Rex