I'm from Malaysia. Me and my Fiance (British national) was planning to apply Fiancee visa and to get married in the UK around summer next year. However, I am now banned from entering to the UK for 1 year under paragraph 320(7B). Have just talked to a solicitor, he said my ban is not restricted to Spouse visa. I could get married to my fiancé in Malaysia now then apply for Spouse visa, it wouldn't make much different to wait till the ban is over. and he said, it could be a tough war to fight. Say if I do what he said, would it be chance that I can still get refusal under 320(11)?
Anyway, before i carry on, please allow me to tell you about my history of stay in the UK.
I was a holiday maker for 2 years starting from 2008, followed by student visa. However, i didn't attend any class during my stay in the UK. I left UK on the day my student visa due (I have not overstayed). 5 months+ later, i went back to the UK as a general visitor and wanted to stay for 3 months. I was stopped by the Immigration officer because the officer didn't believe my purpose to enter to the UK was for travelling and visiting friends because i have already spent 3 years in the UK. So even though i have plenty of spending money for my trip and return ticket, he still didn't believe me. The officer insisted my purpose of visit was to go back to the UK to look for a job, he then sent me to the detention room for interview. During the interview i told the officer reasons i didn't attend classes was due to family affair and my health condition. But i didn't have any document to prove my health conditions, and i have been working 5-6 hours weekly during my stay as a student.
So at the end, i was refused entry under paragraph 320(7B) of immigration rules with limited right of appeal. And they also pointed out the fact that I'm actually egaged to a British national but he attempted to conceal it (it was a mistake, we did so because we didn't want the immigration to think that my purpose of entering to the UK was to get married and i should be entering with Fiancee visa). It was the most miserable moment in my life. I was looking forward to a wonderful trip, i have planned my whole trip, longing to meet my friends in different cities of UK or even go to France. But all i got after a long tiring flight journey was being detained in a smelly detenton room with crap food, long hard bench to sleep, and take forever to give me respond on my request (i only wanted to shower), then again a long flight back to Malaysia.
And what is tearing my heart most, i have already been in this long distance relationship with my fiancé for 6 months! We have been together since May 2008 and before this we never tried being apart more than 2 days! Even though we r doing video calls and texts everyday, but this is definitely not helping in comforting my sadness from missing him too much. I don't wanna live my life like this anymore.
So please help me
please
Perhaps u have never encountered situation like me before, u might not know my anxious, my feeling. I told myself just sit back, relax while passing over all my stuffs to the lawyer. But I just can't help myself. Anyway, once again thank you for ur opinions 