Mess

Wee · Post by **Wee** » Wed Dec 09, 2009 9:18 pm

See below

ajmal · Post by **ajmal** » Wed Dec 09, 2009 9:59 pm

Wee wrote:I am British and my husband is from China, he has been in the UK for the past 9 years on a student visa which he renewed several times but was refused in September this year, he hasn't actually been studying for the past three years but has been working in cash in hand in a restaurant where i work as well. We have been in a relationship since April 2009 and moved in together 3 months later in July. We went back to China to get married in October a month after he was refused, he has handed in his settlement visa application form but we only realised after that he has make mistakes on the passport and previous travel history section! He had to get a new passport as he only had 6 months left on it and he put on his form that this was his first passport when he should have ticked no and didn't declare his old passport information. Also he didn't declare his previous visas information and how long he has been in the UK for, the only thing he did declare was his previous refusal. He emailed the visa centre to give his old passport information but i dont know if this will be passed on. My husband is so careless and i am out of my mind with worry that he wont be allowed back to the UK!

Yes you are right he messed up his settlement visa application, and his spouse visa application can be refused on the basis of Deception he used by not telling truth in his application

Wee · Post by **Wee** » Wed Dec 09, 2009 10:37 pm

So he's never coming back? I've been so heartbroken in the time we've been apart

mochyn · Post by **mochyn** » Wed Dec 09, 2009 10:46 pm

All applications are dealt with on an individual basis, there are no cast iron rules.Contact the officer dealing with your visa application and explain the situation and it may be reconsidered

Wee · Post by **Wee** » Wed Dec 09, 2009 11:03 pm

How do we contact them? My husband tried calling the beijing visa centre but it's impossible to get through and also with all the applications they have how will they able to find the officer that is dealing with ours?

ajmal · Post by **ajmal** » Wed Dec 09, 2009 11:45 pm

Wee wrote:How do we contact them? My husband tried calling the beijing visa centre but it's impossible to get through and also with all the applications they have how will they able to find the officer that is dealing with ours?

You cannot do anything for the time being as your husband already submitted his settlement visa application. Just wait for the outcome, they might call him for interview and if they call him he can give further documents at that time

mrlookforward · Post by **mrlookforward** » Thu Dec 10, 2009 4:04 am

he must immediately submit all the missing information.
ask him to make a proper letter disclosing all the information he didnt disclose before. all previous visas, visits, refusals, basically answer everything he hasnt put down before. just explain that he wasnt that clued up as to the importance of providing this information.
if he gets refused on deception, he will be in full time trouble.

Wee · Post by **Wee** » Thu Dec 10, 2009 8:21 am

Should he send the letter to the visa centre where he handed the application in? What are the chances it will reach the officer? If it doesn't reach them is there a way he can prove he sent the letter? The whole thing has been a nightmare and I don't think he's ever gonna come back.
Surely there are people that make unintentional mistakes yet their lives are ruined because of it.

Post by **batleykhan** » Thu Dec 10, 2009 8:40 am

Send one to the visa centre as well as the BHC.

Make sure you give them full details and any reference number of your hubbys application.

If possible send by some form or recorded or registered delivery and keep proof.

If he is turned down then you can be seen to have made an attempt to correct it or be honest about it.

Wee · Post by **Wee** » Thu Dec 10, 2009 9:29 am

What is the bhc? Will this problem affect future applications? How can we possibly have a long distance marriage?

ajmal · Post by **ajmal** » Thu Dec 10, 2009 9:39 am

Wee wrote:What is the bhc? Will this problem affect future applications? How can we possibly have a long distance marriage?

BHC means British High Commission in the city where your husband submitted his application. It can effect future application.

Rozen · Post by **Rozen** » Thu Dec 10, 2009 9:41 am

Wee wrote:What is the bhc?

BRITISH HIGH COMMISSION!

Wee wrote:How can we possibly have a long distance marriage?

They can always turn around and say that there's nothing stopping you from having a family life in China!

Wee · Post by **Wee** » Thu Dec 10, 2009 10:13 am

I am willing to move to china it's just they don't have a spouse visa to apply for and I've no chance of getting a job as am not qualified to do anything.

mrlookforward · Post by **mrlookforward** » Thu Dec 10, 2009 3:09 pm

Sorry wee, I dont think in your case it was unintentional. i am sure he witheld or provided false information knowing full well what he is doing.

Wanderer · Post by **Wanderer** » Thu Dec 10, 2009 3:30 pm

mrlookforward wrote:Sorry wee, I dont think in your case it was unintentional. i am sure he witheld or provided false information knowing full well what he is doing.

That's what I thought, waited for someone else to say it and back them up cos I get flamed for saying such things now!

Only chance to withdraw app before it's considered and reapply honestly. Might be too late for that tho.

Post by **batleykhan** » Thu Dec 10, 2009 3:53 pm

That's what I thought, waited for someone else to say it and back them up cos I get flamed for saying such things now!

"Nowt rong wi' tellin t' truth lad"

Wanderer · Post by **Wanderer** » Thu Dec 10, 2009 3:57 pm

batleykhan wrote:
That's what I thought, waited for someone else to say it and back them up cos I get flamed for saying such things now!
"Nowt rong wi' tellin t' truth lad" :lol:

Was in Batley today, was that you in the yellow Lamborghini Diablo?

BLK235 · Post by **BLK235** » Fri Dec 11, 2009 9:00 am

The fact that he married you 1 month after visa refusal may look to UKBA as a desperate attempt to get and stay in the UK at all cost. Add to that short length of coahabitation and witholding of information in his visa application and it's not looking too good.

And why be so careless and delete your original post?

Wanderer · Post by **Wanderer** » Fri Dec 11, 2009 9:27 am

BLK235 wrote:The fact that he married you 1 month after visa refusal may look to UKBA as a desperate attempt to get and stay in the UK at all cost. Add to that short length of coahabitation and witholding of information in his visa application and it's not looking too good.

And why be so careless and delete your original post?

Yes, very immature of the OP, now the thread is mostly lost and useless to anyone else in the same position.

Here's the OP's original post in case anyone needs to follow this thread;

I am British and my husband is from China, he has been in the UK for the past 9 years on a student visa which he renewed several times but was refused in September this year, he hasn't actually been studying for the past three years but has been working in cash in hand in a restaurant where i work as well. We have been in a relationship since April 2009 and moved in together 3 months later in July. We went back to China to get married in October a month after he was refused, he has handed in his settlement visa application form but we only realised after that he has make mistakes on the passport and previous travel history section! He had to get a new passport as he only had 6 months left on it and he put on his form that this was his first passport when he should have ticked no and didn't declare his old passport information. Also he didn't declare his previous visas information and how long he has been in the UK for, the only thing he did declare was his previous refusal. He emailed the visa centre to give his old passport information but i dont know if this will be passed on. My husband is so careless and i am out of my mind with worry that he wont be allowed back to the UK!

Wee · Post by **Wee** » Fri Dec 11, 2009 10:15 am

Am sorry am just very upset not at you guys but at my situation. We are genuinely in love and it just hurts so much

Wanderer · Post by **Wanderer** » Fri Dec 11, 2009 10:27 am

Wee wrote:Am sorry am just very upset not at you guys but at my situation. We are genuinely in love and it just hurts so much

OK, but u should stick around - there are other ways around this problem, I suggest you search here after I've given u a few clues, it's come up so many times I get tired of typing it.

Search for;

'EEA Treaty Rights'

'Surinder Singh'

'EEA Family Permit'

Basically involves u living and working in another EU state, establishing urself there for about six months. During that time ur partner will be able to join u and u can return to UK on Singh ruling where previously transgressions will not be considered. Basically u will then be under EU rules not UK ones.

Search first tho!

Rozen · Post by **Rozen** » Fri Dec 11, 2009 10:32 am

Wee wrote:Am sorry am just very upset not at you guys but at my situation. We are genuinely in love and it just hurts so much

Hey Wee, don't give up so easily. The course of true love never did run smooth (let alone one that exists across borders!

)
It's either fight or flight! Choose to fight, not to flee! Good Luck!

Ben · Post by **Ben** » Fri Dec 11, 2009 3:15 pm

Wee,

Would you re-insert your original post?

SBT_Owner · Post by **SBT_Owner** » Fri Dec 11, 2009 6:48 pm

Wee , you got some great advice in this thread .

The advice i have learnt from this site is to always be honest with the HO as if they find out you have lied or used deception it usually means a rejection , a possible ban and troubles getting future visas .

The post by Wanderer could be very useful to you

I hope you and your husband can fix this and wish you both the best of luck !! .

Wee · Post by **Wee** » Sat Dec 12, 2009 8:32 am

If my husband is banned would we able to move to Ireland? And can he only join me if I am working in Ireland? Does he need to apply for a visa, I have read somewhere on here that both of us can just turn up in Ireland without applying and telling them we are here under eu law. We would both have to be living in an English speaking country, I don't have any higher education qualifications. Am very confused

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