If a husband presents false payslips for spouse visa..

[sammykhan786]

Wife is abroad but has 3 children here, children came here 3 and half years ago with their father. Does that mean even if false payslips were submitted the entry clearance manager will let her in on compassionate circumstances? She won her visa on appeal but new information has come to light. Any help and advise will be appreciated.

[vinny]

What's the father's status? What's the new information?

[sammykhan786]

The father does not work. But has pretended he does by submitting false payslips. The mother has 3 children with the father. The children's ages are 14,16 and 17. Do you think the wife will be able to come to the uk on compassionate grounds.

[vinny]

What's the father's status? What's the new information?

Is the father British or settled?
Is he claiming Benefits?
How does he intend to support them?
Are the children British?

She won her visa on appeal but new information has come to light.

What's the new information? Is it about the payslips being false?

What were the original reasons for the refusal? Why did the tribunal allow the appeal?

[sammykhan786]

Hi,
The father is British, he doesn't work and doesn't claim benefits neither. The children are British by descent. The new information is that the payslips are false. I'm not sure exactly what the reason for refusal was previously.

[Casa]

In my honest opinion, the Home Office won't consider 'compassionate' circumstances if fraudulent documents have been submitted in order to obtain a visa.

How is the father supporting his family if he is unemployed and not claiming benefits?

[sammykhan786]

the father is frantically looking for a job now that immigration have said he has used falsified payslips. do you think they will let the spouse come because she has her children in the uk? do you think their will be a ban? or they will let her come on compassionate grounds due to her children living here? i know the financial requirement is £18600 for spouse visa.

[Casa]

Highly likely to be refused under 320(7A) of the Immigration Rules

(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.

https://www.gov.uk/guidance/immigration ... or-refusal

Regarding a ban:
"10 years if they practised deception (which includes using false documentation) in support of a previous visa application."

Note:
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.:

In addition you must not refuse an applicant under 320(7B) if:
false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false

It will be very difficult to claim that your friend's wife wasn't aware of the false documents as she would be expected to know whether her husband was genuinely employed in the UK.

[sammykhan786]

Note:
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.:


Does this mean that if the applicant has children/husband in the uk then if can't be refused?

[Obie]

I accept my colleague may be wrong in saying 320(7A) may be invoked, however similar provision does exist in S-EC 2.2

Whether or not to the applicant’s knowledge-

(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.

[Casa]

I accept my colleague may be wrong in saying 320(7A) may be invoked, however similar provision does exist in S-EC 2.2

Whether or not to the applicant’s knowledge-

(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.

Thank you for Obie clarifying.

[sammykhan786]

Looks like there will be refusal then. Appreciate all of your help.