Removal Order bcos of TOEIC and now Applying for Spouse Visa

[jag20]

Hello,

My girlfriend was in UK for 4years on student visa, last year she was being detained because of TOEIC issue and had the removal orders.

She chose to leave the country voluntarily March this year, and I went to Pakistan in April and we got married there.

I am now thinking to apply for her as a spouse visa and consulting with a solicitor too. As per the one solicitor, he thinks there should't be any issue for obtaining a visa because we have all the paper work and I am full time employee over 25k earning.

However another solicitor said, although spouse(visa) are exampt from re-entry ban from student but might not get a visa on first attempt.

Have you guys heard anything or any news for spouse visa for those who had TOEIC issues in the past?

Shall I apply without any worries of TOEIC?

Please need your expert advise?

Thanks
S

[Casa]

If she is applying for a spouse visa, she can't be refused on 320(7B) but she may well be refused under 320(11) - Frustrating the Immigration Rules. This is a discretionary refusal not a ban, so there is no set time limit for refusing entry.

[jag20]

Thanks for the quick response!

I understand there is no appeal now and we would have to apply again if refused. My question is if re-applying do we have to pay full fee again £985 + £600 for health insurance?

Please advise.

Thanks
S

[WR1]

If the spouse visa is not granted on the first attempt,, then the health surcharge will be refunded, but not the visa fee. If you decide to apply fresh instead of appeal, the full fee & IHS will need to be paid again.

[gullposh]

need urgent help in this critical situation .
iv been came in uk on tier 4 student visa about 4 years ago .. i applied extension in 2012 and got refused because of toeic and won in upper tribunal .but after won the appeal i did not recive any visa or passport back by HO for at least 7 month ..
in the mean time i got married with European national and applied EEA2 december 2014 even tier 4 was pending.
. got COA with right of work next month.. almost 6 month gone and did not recicve any RC or anything by HO.
today i got refusel again for Tier 4 which was pending my first application and get shocked to see that as i thought it would'v been switch tier 4 application to EEa2 application which is i submitted after. well
tier 4 refusal says
on the basis of the information provided to her by ETS, the SSHD is satisfied that your certificate was fraudulently obtained.
as false documents have been submitted in relation to your application , it is refused under paragraph 322 (1A) , of the immigration rules .
for the above reason i am also satisfied you have used Deception in this application.

This means that any future application for entry clearance or leave to enter in the UK you make will be refused under paragraph
320 (7B) of the immigration rules ( unless it would breach your rights under the human right act 1998 or the refugee convention) for
the following period starting on the date on which you leave the UK following this refusal
* one year if you leave voluntarily , without our having to pay or contribute to the cost of your departure;
* five years if you leave voluntarily at the GOV expenses ;
* ten years if we remove or depot you .

Future application for entry clearance or leave to enter the UK will not be refused under paragraph 320 (7B) if you are making application as :
* a spouse , civil partner or unmarried or same sex partner under paragraph 281 or 295A of the immigration rules;
a fiance or proposed civil partner under paragraph 290.
so my concern is
(1) should i lodge appeal for this tier 4 refusal or should i ignore this as i already submitted my EEA2 as well and should wait for my RC.
(2) or my EEA2 application will get effected by this refusal as they put deception in my tier 4 refusal.
i have no idea what to do .
(3) or i must leave uk for voluntarily one year and then i can make any application as they mentioned .
really confused about what they want me to do with this refusal , i have no idea what should i do . i am really worried
please advise me as soon as i have really short time to take any step ...
your suggestion would be really appreciated guys ....

[dinhan]

Hello,

My girlfriend was in UK for 4years on student visa, last year she was being detained because of TOEIC issue and had the removal orders.

She chose to leave the country voluntarily March this year, and I went to Pakistan in April and we got married there.

I am now thinking to apply for her as a spouse visa and consulting with a solicitor too. As per the one solicitor, he thinks there should't be any issue for obtaining a visa because we have all the paper work and I am full time employee over 25k earning.

However another solicitor said, although spouse(visa) are exampt from re-entry ban from student but might not get a visa on first attempt.

Have you guys heard anything or any news for spouse visa for those who had TOEIC issues in the past?

Shall I apply without any worries of TOEIC?

Please need your expert advise?

Thanks
S

Hi there im the same situation. i want to know if your wife got visa???. did u applied already? if so what happens with your application?
my hubby did toeic and he departed voluntarily in 2014. We got married in Aug 2015. My hubby did IELTS and going to apply as a spouse visa.
PLS HELP ME ...IM SO STRESSED OUT ALREADY

[Casa]

The court ruling this month may ease your concerns.
https://www.freemovement.org.uk/wp-cont ... se-ETS.pdf

[dinhan]

The court ruling this month may ease your concerns.
https://www.freemovement.org.uk/wp-cont ... se-ETS.pdf

Thanks a lot but I didn't get it really...so what are they actually trying to do now?? Do you think my hubby will get his visa on first time??

Pls help me I'm so worried

[Casa]

It's in your favour. The Home Office have had their 'knuckles rapped' by the court.
As long as you meet all the standard requirements, (income etc), you shouldn't be refused due to TOEIC.

[dinhan]

It's in your favour. The Home Office have had their 'knuckles rapped' by the court.
As long as you meet all the standard requirements, (income etc), you shouldn't be refused due to TOEIC.

OMG!!!!!!!! REALLY? OH THANK YOU SO VERY MUCH...U MADE MY DAY

[Casa]

Always pleased to pass good news on.