lie in application form

[charlearose]

My friends husband was an overstayer by 4 years he went back home in march 8th 08 they got married in april 08
Despite everyone telling them not to lie or evade questions on the application forms they would not put down the fact that the husbands sister and brother in law were living in the uk illegally (2 years of overstaying) and the address that they lived in was one of the the address that he the husband had put on the application form as a previous address He went for his interview and he was refused and they have to wait now for the letter stating why he was refused

She is now worried that he will get the full 10 year ban for deception as she was under the impression that because they are married they could not refuse him but i am dont want to give her the wrong advice
can he be refused for not disclosing his family detail in the uk and if so what is the best thing for them do is there any grounds for appeal ect

[vinny]

26.16 - Refusal on deception grounds and 26.17 - Refusal where the applicant has previously breached the UK's immigration laws.

[charlearose]

HI thanks for that
i know its seems stupid but its still not clear to me if he would be refused for 10 years or because he is a spouse thats not possilble ( i mean they have refused him so i guess being a spouse dose not count in that case ) but if anyone can make this clear for me it would be much appreciated

thanks in advance

[vinny]

Without seeing the details of the refusal notice, it's difficult to comment.

[jei2]

She is now worried that he will get the full 10 year ban for deception as she was under the impression that because they are married they could not refuse him but i am dont want to give her the wrong advice
can he be refused for not disclosing his family detail in the uk and if so what is the best thing for them do is there any grounds for appeal ect

Another common error, believing that the spouse's British or settled status gives some kind of magical protection against refusal.

Maybe he just didn't meet the rules for entry clearance as a spouse. She'll have wait and see.

[charlearose]

i just spoke to my friend and she said that there were several points the main one that he did not disclose that he had family already in the uk living here who are already overstayers
also they took no evidence of there relationship when they went to the embassy i think they just though that by being married they would get in

i think she mentioned section 320ab with limited rights of appeal dose that sound right she was very upset there was no mention about him being refused becuase he was an overstayer ect i will try to get the refusal form from her and then scan it in

[Ben]

Tell the couple to move to Ireland for a few months (and work there), then move back to the UK. Simple.