My Husband's Settlement Visa has been refused - Any advice

[Desi_jessie]

Hi All,

Can someone please give me some advice. We recently applied for a spouse visa for my husband from Jalandhar in India. We applied on the 5/03/14 and got the refusal notice on 31/03/14. This process was quite quick.

However his visa was refused on 2 grounds:

1) The immigration officer stated on the refusal notice that my husband had 2 convictions in 2008 when we only stated 1 on our application. We were only aware of 1 conviction for which he got 12 month custodial sentence. I have checked the rehabilitation of offenders act 1974 and after 4 years this conviction would have been spent.

2) The other point of refusal was that the immigration officer saw no reason why I could not rellocate to India to continue our married life.

They have given the appeal paperwork which I intend to submit in the next week.

I have a few questions:

1) What is the timescale for an appeal?
2) Would it be better for me to reapply for his visa or go through the appeal process?
3) What evidence should I submit to counteract the points they have raised?

They didnt question anything else. I am so stressed out and very sad so any help and advice would be greatly appreciated.

Thanks

[Wanderer]

All convictions must be declared.

[Desi_jessie]

We didnt know there were 2 convictions. This all happened before I met him.

Is there any hope?

[AA1]

All convictions must be declared - your options are to go through an appeal or re-apply new application - which would be a quicker process. But your old application will now have an impact.

[Wanderer]

We didnt know there were 2 convictions. This all happened before I met him.

Is there any hope?

He must have known though surely?

[Desi_jessie]

He honestly didnt know. He didnt even know he was entitled to a solicitor...

[Wanderer]

He honestly didnt know. He didnt even know he was entitled to a solicitor...

In English Law ignorance is no defence though, it's a basic tenet, not really sure how you can progress though apart from get a good brief...

[Desi_jessie]

Thank you for your responses Wanderer

[Amber]

Ignorance of the law is not a defence for criminal acts, but may be in civil law.

The 1974 Act is not applicable to immigration applications. Moreover, this Act has been amended with the LASPO Act 2012.

Bare in mind:

You must consider refusing an applicant under paragraph 320(18) if they have
been convicted of an offence, committed:

 in the UK, and punishable with imprisonment for 12 months or more or
 outside the UK but which, if it had been committed in the UK, would have
been punishable with imprisonment for 12 months or more.

If you decide to refuse an applicant on these grounds, you must take into account
any human rights grounds and make sure that your refusal is both proportionate
and reasonable.

Although:

A320. Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an
application for entry clearance, leave to enter or leave to remain as a Family Member under
Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for
leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

If this an application for spouse leave to enter under private/family life, it is very difficult to achieve this. You need to really meet the Financial and English requirements.

[Desi_jessie]

Hi,

We have met the financial requirements. My husband also cleared his english tests. There were no objections to either of these or the genuineness of our relationship.

They just objected on the 2 points I mentioned.

Any advice is really appreciated.

Thanks



Jessie

[EnkayCeejay]

Hi Everyone, Please I'd need your candid advice. My husband and I applied for a spousal Visa for me(his wife) on the 28/02/2014 and we were refused on the 6/06/2014 on just 1 ground. The ECO stated that he is not satisfied that our relationship is genuine and subsisting and that we intend to live together permanently in the UK. In as much as we provided our court marriage pictures,some pictures we took at home and our marriage certificate. We where given the appeal paperwork but my hubby said he'd prefer the Oral hearing.. Please I want to know how long an appeal takes and if it is the best option or we should reapply. I want to send him more pictures,greeting cards he sent to me,our white wedding and traditional marriage pictures and videos for the oral hearing. I need your candid advice. Thank you!