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Visa - 10year bannee returning

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johnboy096
Member
Posts: 131
Joined: Thu Feb 21, 2008 12:46 pm
Location: UK

Visa - 10year bannee returning

Post by johnboy096 » Thu Aug 20, 2009 8:23 pm

Good evening!

I need some help if anyone is willing.

Scenario - My ex wife was a foreign national, she left me went back to her country of origin.
Returned a month later was stopped at a UK airport, charged with deception.

Was released to appeal, raised all sorts of hell for me and my family.
She never attended either of her appeals, she then applied for asylum.
She was DENIED that put in an immigration centre returned to her country of origin and banned for 10-years last year.

I've been informed she's engaged to another UK national who is visiting her country of origin. She contacted me to gloat and say she's coming back, don;t how to take that as haven't heard from her in such a long time.
Question is if she's banned for 10-years can she return just by simply marrying another UK national. Any advice based on facts would be appreciated.
Just need to know so I can batten down the hatches and ready myself for more stress.

Thanks

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri Aug 21, 2009 2:12 pm

Your answer lies in Paras 320 7B and 7C of the Immigration Rules which you can read here:
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

It looks as if all her applications stemmed from her re-arrival in the UK, so that at the end of it she was refused leave to enter and the 10-year ban was applied under 7B. However, if she makes another application as a spouse or fiancee, she will be exempt from the ban under 7C.

However, this does not mean that her application will be granted, and because of her previous history any application will be scrutinised very closely. You do not say how long she stayed with you, but I assume from the scenario you describe it was less than 2 years. The ECO is bound to have doubts about her genuine intentions on any new spouse application. But if refused, she will have a right of appeal.

johnboy096
Member
Posts: 131
Joined: Thu Feb 21, 2008 12:46 pm
Location: UK

Post by johnboy096 » Fri Aug 21, 2009 6:07 pm

Her Visa was from Feb 2007 until Feb 2009.


She arrived in the UK in March 2007 and left Jan 2008 = 10months in the marital home.

She then returned Feb 2008 and was charged with deception.
Lived at her family friends home lost her deception appeal.

Then went to Liverpool in May 2009 to apply for asylum made some story up about being chased across her country of origin.
Turned down as had no names.

Returned to her country of origin Aug 2008.


So in essence she can return, don't mind as long as she doesn't hurt my family.
Last edited by johnboy096 on Sat Aug 22, 2009 10:33 am, edited 1 time in total.

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Fri Aug 21, 2009 7:58 pm

LET HER live in peace

johnboy096
Member
Posts: 131
Joined: Thu Feb 21, 2008 12:46 pm
Location: UK

Post by johnboy096 » Fri Aug 21, 2009 8:01 pm

Live and let live is my motto!

But last time half my family were threatened by people who we didn't even know! I just wnated to know if I should get ready for more stress for my family.
Thank you.

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