Spouse visa with bad immigration history

[skyepark]

I've posted before but am still unclear on how to procceed on application

I am a british national by birth, I met my spouse in 2008. my spouse overstayed and worked on a tourist visa, told them he was from the EU and they never asked him to show his papers. He left voluntarily in 2009 we got married in his home country and have now lived abroad for a year, I will return to the Uk and he to start application proceedings. I dont have a job there but will get a place to rent and I have quite a lot of savings

question- will his illegal work be taken as contriving the rules? Should we mention that he did work illegally? His ex employers themselves are breaking laws and they did take tax payments from him, he had no NI number, and had a UK Bank account.

[batleykhan]

Its better to be honest than lie about something which if they find out to be untrue, could result in a longer ban in the future.

Explain all the circumstances relevant to your application and history, even if it means writting 4 pages of it. At least the ECO looking at application will have the full story infront of him when he makes decison

[skyepark]

If I do note down everything what are the chances for refusal?

[batleykhan]

I would not worry to much about the illegal work. The fact that he left the country voluntarily should overide this. Had he been deported or attempted to use frustrating tactics to remain in teh UK, then he probally would have got a 10 yrs ban.

If you meet the requirements for the sposue visa,

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

I think you should have no problem. Even if you get refused, tehre is agood chance you will win on appeal.At least if you tell the truth at all times , then you dont have to worry about being caught out in the application or appeal procedure.

Have a read of this for further info.

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

[sjimoh112]

It doesn't matter if he return voluntarily or not. If he gets a year, 5 or 10 year ban would nOt affect his app as a spouse of a British citizen.

Returning voluntarily only gives him a year ban from re-entering the uk rather than 5 or 10 years if he's forcefully removed. Although none of the ban will apply if your spouse applies for a spouse visa. Check UKBA website for confirmation.

Although his app can be initially rejected because he breaches his visa conditions but will be granted on appeal. If you have to return quickly to the uk with him this is something you can do- if you can somehow successfully travel to the uk without a entry clearance or visa, he will be given a temporary entry clearance at the airport provided you can prove he's your spouse by showing marriage certificate etc. I'll advice this should be the last thing you resort to if all other avenue has be exhausted.

Note if he wasn't cut working illegally he doesn't have to tell them as they don't know or even had a clue whether he worked here illegally or not. Telling them will only delay your app further, I see that as a punishment for breaching the immigration law which is very embarrassing for the UKBA.

[skyepark]

So according to the rules the breach for his illegal work will not apply since one year has passed since he is my spouse? So they cannot reject my application for this reason and this is certain?

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
(ii) used Deception in an application for entry clearance more than 10 years ago;
(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;
(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or
(v) was removed or deported from the UK more than 10 years ago.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:


(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

(ii) a fiancé(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or


So the breach for his illegal work will not apply since one year has passed since he is my spouse? So they cannot reject my application for this reason and this is certain?

[mochyn]

Many people have been granted spousal visas after overstaying

http://www.immigrationboards.com/viewtopic.php?t=50920

[skyepark]

Then he would have to prove that he didnt obtain employment using false papers, how does one do that? His company failed to get a copy of them.

[skyepark]

I am repeating myself, thank you for the advice I guess I have to make the decision, whichever way it will be we can only try our best.