New Decpetion immigration rule

[eutavene1]

I have a question to the readers if my husband was refused a visitor visa in 2006 than applied for a spousal visa in 2007 and was refused ec states that my husband did not declare that on his first tourist visa application that we were in a relationship , also did not state that he had been to the usa ... would this automatically give him a ten year ban ...

we are set to have an appeal in may or june for the spousal visa the visitor visa did not mention anything about deceiving the eco ... but in the spouse visa the eco states that my husband tried to decieve them when applying for a vistor visa ( hope this dose not sound to confusing) I am worried now that he will auotmatically get thrown into the 10 year ban ..

I have noticed on a lot of threads some people are giving advice to make applications before end of feb , also before the april deadline but are the home office not going to deny regardless of when you put the app in once you have a dodgy immigration past ie previous overstayer, illegal or decevied on a previous application
Not quite sure what is correct on the bia website it states that if a person has commited this offence less than 10 years ago than they will be subject to the penalties am i understanding that correct.
Do not have a solicitor yet so i cannot put these questions to legal adviser and i am hoping that the board can shed some light ??

[Jeff Albright]

It is difficult to speculate about this but I honestly believe that when they refer to "deception" they mean something substantial that already happened and the proof of it is available, for example, obtaining a visa by deception, then being caught and having the visa curtailed/cancelled and removed from the UK.

When the ECO has not been satisfied that the applicant "was genuinely seeking entry into the UK for the purpose specified by him" does not fully constitute deception, in my opinion. An ECO can refuse an application on the basis he or she is not "satisfied" about something on a balance of probabilities (he does not have to be convinced on something and have a proof of that before refusing a visa). But this does not mean that the applicant was intending to use deception to enter the UK. So the fact that your husband had not fully disclosed the information required from him, in my opinion only, might not be taken as deception as a criterion to exercise the general grounds for refusal. All I can really say here that it is always advisable to be completely honest with ECOs.

Secondly, your husband's case is now with AIT, who usually look at much broader range of circumstances, they have more powers and discretionary options on the complex set of circumstances and applicable case law rather than ECO who work strictly by the Immigration Rules only.

Even if your husband was refused by ECO under the new rules coming up in April, his case would not end there, he will still have the right of appeal to AIT, where all his circumstances will be given a full consideration. It is always frustrating that it takes extra time and hassle to complete this process, but unfortunately, many people go through the same, as this is how the applicable law in the UK works.

[Ramsay]

Got me worrying now.

I came back from Nepal with my girlfreind who I met over there. We had been together 5 months. She came across on Visitor visa. My father did the sponsoring and in his letter mentioned that we were good/close freinds.

She has gone back to Nepal now is we are preparing for Fiancee visa application - we were engaged on Christmas Day. We have photos of us doing tourist stuff visiting Aberdeen/Dundee/ Carnoustie/ Inverness and Glasgow. Is it possible however we could be refused for deception?

Any advice would be appreciated

[Jeff Albright]

I came back from Nepal with my girlfreind who I met over there. We had been together 5 months. She came across on Visitor visa. My father did the sponsoring and in his letter mentioned that we were good/close freinds.

What your father declared then and what is now are two different events spaced from each other by at least half a year, which is perfectly fine. You were then friends, now things have changed and you are in relationship. Fair enough, no questions asked.
There are so many people going to the UK to meet their future partners, then returning to their home countries for fiance/spouse visas and returning to the UK. Quite a normal process.

[johnboy096]

It is difficult to speculate about this but I honestly believe that when they refer to "deception" they mean something substantial that already happened and the proof of it is available, for example, obtaining a visa by deception, then being caught and having the visa curtailed/cancelled and removed from the UK.

When the ECO has not been satisfied that the applicant "was genuinely seeking entry into the UK for the purpose specified by him" does not fully constitute deception, in my opinion. An ECO can refuse an application on the basis he or she is not "satisfied" about something on a balance of probabilities (he does not have to be convinced on something and have a proof of that before refusing a visa). But this does not mean that the applicant was intending to use deception to enter the UK. So the fact that your husband had not fully disclosed the information required from him, in my opinion only, might not be taken as deception as a criterion to exercise the general grounds for refusal. All I can really say here that it is always advisable to be completely honest with ECOs.

Secondly, your husband's case is now with AIT, who usually look at much broader range of circumstances, they have more powers and discretionary options on the complex set of circumstances and applicable case law rather than ECO who work strictly by the Immigration Rules only.

Even if your husband was refused by ECO under the new rules coming up in April, his case would not end there, he will still have the right of appeal to AIT, where all his circumstances will be given a full consideration. It is always frustrating that it takes extra time and hassle to complete this process, but unfortunately, many people go through the same, as this is how the applicable law in the UK works.

Hi Jeff is there any chance you can make a comment on my post please.
As I think you would have some valuable comments to make as to my ex-wife's return to the UK by deception.

Thanks in advance!