ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Chance of Spouse Visa after ILR LR refused for Deception

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

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

Locked
Facebook2147
Newly Registered
Posts: 3
Joined: Wed Nov 09, 2016 7:07 pm

Chance of Spouse Visa after ILR LR refused for Deception

Post by Facebook2147 » Wed Nov 09, 2016 7:33 pm

Hello senior gurus and all the board members ,I need your valuable suggestion please .Recently my 10 years LR is refused with no appeal rights in the country section 322(5) 322(3).i used false documents to get work previously,that was the reason my visa was refused . .I have decided not to go judiciary review and it will be just waste of time and money .Lets get to the point.My girlfriend got indefinite and I am thinking to get married with her .Can I apply as a dependent visa after I get married from back home ?will they give me visa or they will refuse me again because I use false documents Previously .Been to so many solicitors and everyone got there own views .Some says you will get visa and some says it will be very difficult as I frustrate immigration by breaking the rules.can you guys please help me out .I am really having bad time as I don't know what to do ,whom to trust?? Waiting for positive response.Thank you all!!

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Chance of Spouse Visa after ILR LR refused for Deception

Post by Casa » Wed Nov 09, 2016 8:07 pm

You're spouse visa application is likely to be refused under 320(11) - Frustrating the intention of the Immigration Rules.

https://www.gov.uk/government/publicati ... raph-32011

Section 3 - RFL7.3 What are aggravating circumstances?
Includes:
using an assumed identity or multiple identities;
previous use of a different identity or multiple identities for deceptive reasons
(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.

Ahmad Sharif
Newly Registered
Posts: 16
Joined: Tue Nov 08, 2016 5:07 pm

Re: Chance of Spouse Visa after ILR LR refused for Deception

Post by Ahmad Sharif » Wed Nov 09, 2016 8:18 pm

Facebook2147 wrote:Hello senior gurus and all the board members ,I need your valuable suggestion please .Recently my 10 years LR is refused with no appeal rights in the country section 322(5) 322(3).i used false documents to get work previously,that was the reason my visa was refused . .I have decided not to go judiciary review and it will be just waste of time and money .Lets get to the point.My girlfriend got indefinite and I am thinking to get married with her .Can I apply as a dependent visa after I get married from back home ?will they give me visa or they will refuse me again because I use false documents Previously .Been to so many solicitors and everyone got there own views .Some says you will get visa and some says it will be very difficult as I frustrate immigration by breaking the rules.can you guys please help me out .I am really having bad time as I don't know what to do ,whom to trust?? Waiting for positive response.Thank you all!!
Dear Sir/Madam,

Home Office is very serious with previous deception. I have heard stories that they were done for deception 15 years ago and got caught after varying their visas. They might grant you a visa (if you are lucky) but they will always catch you when you apply for ILR or neutralisation.

The problem is that your deception is on SAR. Also I have seen application forms that ask if you have been refused or being accused of deception if you don't declare this you can get caught once again and you will be in more trouble i.e. Home Office will not see the bright side of you.

This is why never ever forge documents. Sometimes Home Office can take this serious and contact the police and give you a criminal conviction if those documents were serious enough i.e. fake passport etc.

Ahmad

P.S. Anyone who makes forge documents or cheats their way to success should never get their ILR.

Facebook2147
Newly Registered
Posts: 3
Joined: Wed Nov 09, 2016 7:07 pm

Re: Chance of Spouse Visa after ILR LR refused for Deception

Post by Facebook2147 » Wed Nov 09, 2016 9:11 pm

Thank you guys for the response .Is that means all my doors are closed for forever to come back in this country .Incase my spouse visa get refused,is there any chance it get overturned if I appeal .If they don't grant me visa my wife will be staying here and I will be backhome .I have read few post in here where some of them got visa when they put fresh different application even though they use deception in previous application..I have done CRB and its all clear .Thank you once again .

Ahmad Sharif
Newly Registered
Posts: 16
Joined: Tue Nov 08, 2016 5:07 pm

Re: Chance of Spouse Visa after ILR LR refused for Deception

Post by Ahmad Sharif » Wed Nov 09, 2016 9:19 pm

Facebook2147 wrote:Thank you guys for the response .Is that means all my doors are closed for forever to come back in this country .Incase my spouse visa get refused,is there any chance it get overturned if I appeal .If they don't grant me visa my wife will be staying here and I will be backhome .I have read few post in here where some of them got visa when they put fresh different application even though they use deception in previous application..I have done CRB and its all clear .Thank you once again .
I would not say it is end of the world. You need to find a proper solicitor who is experienced in these cases. I know they are very costly but there is always a way. You need to find a way to argue that you can not live in your previous country due to your family being in this country.

The only issue here is the deception, which is holding you back. Appealing against these decision never success unless you have a good case. I agree that people have switched visa and have been granted.

It depends on the case worker.

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Chance of Spouse Visa after ILR LR refused for Deception

Post by Casa » Wed Nov 09, 2016 9:33 pm

At present the OP doesn't have a family in the UK.

In order to marry his girlfriend in the UK he would have to register with a Home Office designated Registry Office. The HO can then extend the notification period from 28 to 70 days in order to interview them both separately before the wedding can go ahead.

Without valid leave, he would be at risk of detention during the interview.

It appears that the intention is to marry in his home country and apply for a Spouse visa from there.
(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.

Facebook2147
Newly Registered
Posts: 3
Joined: Wed Nov 09, 2016 7:07 pm

Re: Chance of Spouse Visa after ILR LR refused for Deception

Post by Facebook2147 » Thu Nov 10, 2016 12:53 pm

Casa wrote:At present the OP doesn't have a family in the UK.

In order to marry his girlfriend in the UK he would have to register with a Home Office designated Registry Office. The HO can then extend the notification period from 28 to 70 days in order to interview them both separately before the wedding can go ahead.

Without valid leave, he would be at risk of detention during the interview.

It appears that the intention is to marry in his home country and apply for a Spouse visa from there.
Yes my intention is to marry from back home and apply as a spouse dependent visa .According to few solicitors,decision can be overturned in appeal in case if it gets rejected.if anyone got similar case can you please share with me and help .Many thanks

Locked