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Will my fraud complaint be taken seriously at the Home Office?

General UK immigration & work permits; don't post job search or family related topics!

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sallyks
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Will my fraud complaint be taken seriously at the Home Office?

Post by sallyks » Sun Jun 05, 2022 2:47 pm

Hi, earlier this year my dad met a woman 27 years younger than him online and in less than 2 weeks she said she wanted to marry him. The red flags were there from the very start but they include having nothing in common, her falling mysteriously ill and being in hospital whenever she wanted to manipulate him, especially for money, claiming she's being abused at home, saying she's facing the threat of a forced marriage ... you name it, she said it. He sent her more than £1000 via Western Union before he even married her.

My brother and I live with my dad so at first we tried to gently warn him, and he did try to pull out, but she reeled him back in every time. Ultimately he thought he was rescuing her, and she took advantage of his loneliness following the death of my mum two years before.

We managed to talk him into transferring our house to my and my brother's name for our protection (he has since demanded we reverse it!) and he went to Pakistan to 'check her out'. There the locals said she was from a criminal family - her brothers are drug dealers, and she herself is accused of theft and prostitution. But my dad believed none of it and eventually he married her in secret. We have run private investigations so we know the truth, but to this day he has not confessed what he did. He is now back in the UK and I think she has just applied for a spouse visa from Pakistan. There is a lot more, but this long enough already.

I want to report this to immigration but everyone I have spoken to thinks our complaint will be ignored just because we don't have a police record for her. I have drafted a detailed statement (6 pages) annotated with evidence of her behaviour, and a lot other stuff. But recently I also heard that detailed statements and evidence are likely to not be read and only given attention with proof of a criminal record. I don't have that. It was impossible to get because the local police are corrupt. The only thing I have is that during her previous marriage she applied to the UK and they found her application to be suspicious and turned it down (I believe she appealed and it was also rejected).

Is what I have enough? And ... how short or long should my complaint to the Home Office be? I would really appreciate some insight on this. Thanks.

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Casa
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by Casa » Sun Jun 05, 2022 5:50 pm

The HO may or may not take your information into consideration. However, her previous 'suspicious' visa application which was refused is likely to flag up in a further application as her immigration history will be held on record.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

manci
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by manci » Sun Jun 05, 2022 8:18 pm

sallyks wrote:
Sun Jun 05, 2022 2:47 pm
s what I have enough? And ... how short or long should my complaint to the Home Office be?

Your representation to the HO should contain FACTS. The narrative you provide is useful but the only fact the HO would recognize in it is a previous refusal and unsuccessful appeal. However, even for that you did not describe the reason apart from your opinion that the application was "suspicious" (which is not a terminology the HO would use). If it was, for example, for not meeting the financial requirements it would be less serious than it could be otherwise.

The HO go by the rules and the grounds for refusing an application are set out in Part 9 of the immigration rules.:
https://www.gov.uk/guidance/immigration ... or-refusal

Suggest you read it and try to amplify your 6 page statement by reference to it and by gathering more factual information that swill support your representation, especially about her criminal background. This may involve engaging a solicitor or private investigator in Pakistan.
Personal opinion, not professional or legal advice

sallyks
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by sallyks » Sun Jun 05, 2022 10:26 pm

Casa, manci, thank you both very much for your help.

It happens I did make use of a solicitor in Pakistan and we gathered a lot of evidence showing inconsistencies about her previous marriage, in particular her divorce. The Immigration Rules part 9: grounds for refusal you have linked here is also very useful, and I will definitely use it. Thanks.

The application was suspicious in that the HO found that she'd made false representations about her marriage - the man she was married to at the time had already applied for another woman to enter the country as his wife. They believed she was not really married to him and had not known him long enough to have had a genuine relationship with him. I don't have enough of the paper trail to know what happened after that, but I do know she appealed on humanitarian grounds and that was refused too.

So the length of the statement is not an issue otherwise? I've only briefly summarised my story here. The actual statement does stick to the facts but I'll shorten it further.

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Casa
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by Casa » Mon Jun 06, 2022 1:06 am

Further to Manci's advice, I would bullet-point each of your concerns as the letter will be easier to follow. :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by vinny » Mon Jun 06, 2022 4:35 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sallyks
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by sallyks » Mon Jun 06, 2022 10:58 pm

Casa, vinny, thank you both!

sallyks
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by sallyks » Sat Jun 11, 2022 4:10 pm

Hi again,
I'm sorry, just a bit confused. The first section of the Grounds for Refusal states that the rules don't apply ot Appendix FM applications (so that would include a spouse visa). Does this mean I need to use another document for reference, or am I misunderstanding something?
Help is appreciated!

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Casa
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by Casa » Sat Jun 11, 2022 9:05 pm

sallyks wrote:
Sat Jun 11, 2022 4:10 pm
Hi again,
I'm sorry, just a bit confused. The first section of the Grounds for Refusal states that the rules don't apply ot Appendix FM applications (so that would include a spouse visa). Does this mean I need to use another document for reference, or am I misunderstanding something?
Help is appreciated!
Although the Spouse visa application can't be refused under 320(7b) of the Immigration Rules, it can fail under 320(11).
As I mentioned in a previous post, the previous application under another marriage was refused as being suspicious (deception) this current application may be refused under 320(11). Please see the official guidance below:

iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by vinny » Sun Jun 12, 2022 12:40 am

Probably, in the UKVI’s bid to simplify the complex Rules, they had rewritten some of them.

For example, I think 320(7B) and 320(11) are now 9.8.7 and 9.8.2(c) respectively.

Where subsections of Part 9 do not apply to Appendix FM, refer to Sections S-EC or S-LTR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sallyks
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by sallyks » Sun Jun 12, 2022 9:19 am

Casa, vinny, thank you both again for the additional help and clarification. I'm going to look into it now. All the best!

manci
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by manci » Sun Jun 12, 2022 10:49 am

sallyks wrote:
Sat Jun 11, 2022 4:10 pm
The first section of the Grounds for Refusal states that the rules don't apply ot Appendix FM applications
It would help if you copied or scanned/pasted the whole refusal letter omitting personal details.
Personal opinion, not professional or legal advice

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Casa
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by Casa » Sun Jun 12, 2022 11:34 am

manci wrote:
Sun Jun 12, 2022 10:49 am
sallyks wrote:
Sat Jun 11, 2022 4:10 pm
The first section of the Grounds for Refusal states that the rules don't apply ot Appendix FM applications
It would help if you copied or scanned/pasted the whole refusal letter omitting personal details.
I doubt that the OP has a copy of the refusal as this was a spouse visa application sponsored by a previous husband.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

crymeariver321
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by crymeariver321 » Thu Jun 16, 2022 12:31 pm

I hope you get this sorted, I dealt with a case before when a British Spouse contacted HomeOffice and tried to get her own Husband Spousa Via Applicaiton refused, she didtnt want him coming UK after submitting the applicaiton from her/his Family by force. But the HO didnt listen and he was granted a Spouse Visa. The only good outcome, she happily married to him with 5 Children, and never seen her more happy. CrazyWorld. :shock:

markyk
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Re: Will my fraud complaint be taken seriously at the Home Office?

Post by markyk » Thu Jun 16, 2022 5:35 pm

Casa wrote:
Sun Jun 12, 2022 11:34 am
manci wrote:
Sun Jun 12, 2022 10:49 am
sallyks wrote:
Sat Jun 11, 2022 4:10 pm
The first section of the Grounds for Refusal states that the rules don't apply ot Appendix FM applications
It would help if you copied or scanned/pasted the whole refusal letter omitting personal details.
Casa brother i got my citizenship
I doubt that the OP has a copy of the refusal as this was a spouse visa application sponsored by a previous husband.

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