Spouse visa after refuse (320 paragraph)

[JeJe]

Hello all.

I need some advise please.
The situation is:
I came to England a few years ago as student, then extend my student visa once. Was granted.
I met my boyfriend who is British citizen and we started live together after a while.
Then I've tried to extend my student visa second time and got refused!! The reason for it is used deception in application when I have applied for Entry in my country (a few years ago!!).
So, was in shock! Then full application for appeal, went to the Court and won - appeal allowed.
Then HO didn't agree with Judge decision and apply for Upper Tribunal.
So, I still waiting for result of my case, become long time of waiting new decision.
The question is.
What the best way to do?
We living together for about 1/5 year, we have all proof of our relationship with all possible evidence.
Some tell us the better way apply from my country for spouse visa (get marriage in third country).
Some tell us apply for fiancée visa and get married in the UK..

I'm not study already as Tier 4 colleges need Tier 4 visa which I'm waiting for ages. I just waiting for decision and Silent.
I'm really started miss my family, my freedom and normal life as have a holiday, ability to fly home...etc..

Thank you for any advise.

[JeJe]

Forget to say:

We have joint tenancy for flat, joint bank account, council tax with both our names.
We have proof our relationship as mails, mobile bills, millions photo, tickets to places in the UK, cards (Christmas, Birthdays, Anniversary...etc.)

[ElenaW]

Best thing to do is get married in your country then apply for a spousal visa.

[JeJe]

Best thing to do is get married in your country then apply for a spousal visa.

Thank you ElenaW.

Is it possible that The Embassy will refused me on my Spouse visa because of my previous case (320 paragraph)?

I tried to proof on my first hearing that I'm don't used deception and was allowed, and for today it still looks like I used deception because I haven't the answer yet.

Do I have to show all my previous documents to the officer in British Embassy? (refuse letter, decision from the court, again refuse and new hearing...etc..) Or just write in application appeal number?

Do I have to emplane anything about previous or put all just about new relationship, family and so..?

Thank you.

[JeJe]

If I will leave the UK before my decision will be ready it is automatically mean I'm guilty?
It just if I can't wait here any more because I want have freedom.
Or better be strong and waiting till decision don't leave the country?

[ElenaW]

Were you refused on 320 (11)? I think it would actually be best to wait it out, especially if you're innocent. Otherwise, you will always get a refusal with each new application.

[JeJe]

Were you refused on 320 (11)? I think it would actually be best to wait it out, especially if you're innocent. Otherwise, you will always get a refusal with each new application.

Thank you ElenaW

My case looks like this:
322 (1A) as they say when I seeking leave to remain and I already used deception to obtain my Enrty Clearance..

General refused under paragraph 320 (7B)
Any future applications will be refused!

Any future not be refused under paragraph 320 (7B)
- a spouse, civil
- a fiancée
- a parent
- ......

Thanks.

[JeJe]

My partner have a job. The same employer for last 5 years.
Never have overdraft or things like this.
We can show that we can live in the flat, both without asking for public founds..

[geriatrix]

Hi all, i was asking here for help, and now I got my spouse visa.

Just want tell do not afraid to leave the country.. Might be it can help somebody.

My student visa was refused paragraph 320 (7B). I was like in the hell all those 2 years when I went to the Court, were through 2 hearings.. Stress with my British partner who tried to support me.. We were afraid to leave me the Country and be separated..But then we haven't choose.
We left, get married abroad.

I back to my country, applied for my visa with solicitor and after 25 working days my visa were in my passport!!

Documents which we had was perfect.
We used to live together, all bills, all evidence, flat and money for both of us..

So, I'm happy that I can go back to the UK and BE FREE..

Good luck!!!