Spouse visa with Tier 4 Refusal Deception 322 (1a)

awayra · Post by **awayra** » Fri Jun 03, 2011 11:15 pm

Hi

Need professional advice.

I applied for TIER 4 General Extension and refused on Deception Grounds with 322 (1A) PARAGRAPH. Please advice if i can apply for spouse visa from within UK or i am still ban for 10 years????? my spouse have settlement status in UK and i have two british born citizen daughters.

your urgent response would be much appreciated.

Post by **vinny** » Sat Jun 04, 2011 4:10 am

If you haven't got valid leave, then you cannot switch from within the UK. See also advice.

cherize · Post by **cherize** » Sun Jun 05, 2011 1:44 am

you have 2 options:
go back to your country of origin and apply there as spouse visa if you are married to your partner, as in country application is not allowed for those one who doesnt have leave to remain in UK or get a solicitor to help you apply for discretioanry leave , as you have have the right to family life here since you mentioned you got 2 british children.
we almost have the same situation!
good luck . .

Kitty · Post by **Kitty** » Sun Jun 05, 2011 9:15 am

When was the Tier 4 refusal? Do you have grounds for appeal? What is your home country?

If you now want to use the spouse category then you should apply from outside the UK. Deception in a previous application cannot be used as a reason for refusal for spouse applicants.

However, see also:

http://freemovement.wordpress.com/2011/ ... ght-thing/

awayra · Post by **awayra** » Sun Jun 05, 2011 10:22 pm

My tier 4 was refused this year in March 30. Yes i have ground of appeal. Actually my college was suspended from UKBA List and Also from companies house the companies was dissolved in August and my degree / diploma was awarded in Septermber ( a month later). Yes weve done appeal and appel was adjourned (postponed/deffer) for July 14th. The reason was tribunal has decided to not take any decision or to go through for hearing because i already have submit my application for review under article 8 and human rights category for descretionary leave. so until UKBA take any decision court is wating for this.

please advice or share your thoughts.

regards and thanks for your help.

Kitty wrote:When was the Tier 4 refusal? Do you have grounds for appeal? What is your home country?

If you now want to use the spouse category then you should apply from outside the UK. Deception in a previous application cannot be used as a reason for refusal for spouse applicants.

However, see also:

http://freemovement.wordpress.com/2011/ ... ght-thing/

awayra · Post by **awayra** » Sun Jun 05, 2011 10:25 pm

my nationality is Pakistan. and would like to inform you further that my wife is not working at the moment and she is on benefits. i know that sounds very tough though for my visa success but thats the fact.....

awayra · Post by **awayra** » Sun Jun 05, 2011 10:28 pm

I dont want to go back to my home country. cause i cant lieave my kids and wife for a single day. would very hard to go back and apply for there. any chances i can get it from here.

My appeal is in process and still waiting from UKBA to decide upon my review / further consideration on family grounds to allow me leave to remain on decretionalry grounds.

Kitty · Post by **Kitty** » Mon Jun 06, 2011 10:12 am

If the UKBA are considering your Article 8 grounds then you just need to wait for the time being: presumably you have supplied them with full evidence of your family life in the UK?

Given that your home country is Pakistan and your wife is on benefits, I would suggest that continuing to assert your Article 8 rights in this country and hoping for discretionary leave to remain may be a better bet than returning to Pakistan.

If you are allowed to stay int he UK, what are your chances of finding work and supporting your family? Have you provided evidence of this as well?

Post by **Greenie** » Mon Jun 06, 2011 10:21 am

awayra wrote:I dont want to go back to my home country. cause i cant lieave my kids and wife for a single day. would very hard to go back and apply for there. any chances i can get it from here.

My appeal is in process and still waiting from UKBA to decide upon my review / further consideration on family grounds to allow me leave to remain on decretionalry grounds.

Were you given the right of appeal against the refusal of your tier 4 application. if so have you appealed to the Tribunal?

awayra · Post by **awayra** » Mon Jun 06, 2011 4:20 pm

Yes ive been given the right and appealed in tribunal, hearing date is 14th of July, but waiting from UKBA for my review decision.

court has adjourned/deffer the hearing and gave UKBA another 5 weeks to take a decision before court decide upon this case.

Post by **vinny** » Mon Jun 06, 2011 10:11 pm

Wait for the outcome of your appeal.

stacey1 · Post by **stacey1** » Wed Jun 08, 2011 6:45 pm

Hi , we were in exactly the same situation as you a few months back.We were also told by people to leave the country and apply to come back in! Id never reccommend this (as a person who has first hand experience!) you dont need to leave the country to make a new application,as you have found out now.You say you have children here,there is now a law that states if you were to leave the country how would if effect your children? As in most cases this would have dramatic effects on children to have there parent taken away.Try not to worry,go for your appeal.Its a great way to get your point across to the judge why you should be able to stay here.You have ties to the UK so you have good reasoning.
I know exaacty how you feelas i said ive been in this exact same situation and went to the first tier tribuneral.I was given so much bad advice along the way and im so glad we didnt listen to alot of it.
Good luck for your appeal,if you have any questions please feel free to pm me

awayra · Post by **awayra** » Tue Jul 26, 2011 11:58 pm

I finally got my discretionary leave on article 8 family grounds. Thanks to god. but now worried about my ILR...

WHAT whould be the route to ILR now??

Post by **vinny** » Wed Jul 27, 2011 2:07 am

6 years

kiranrongali · Post by **kiranrongali** » Thu Apr 02, 2015 10:55 am

vinny wrote:6 years

please help me on below case
http://www.immigrationboards.com/immigr ... l#p1168507

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Spouse visa with Tier 4 Refusal Deception 322 (1a)

Spouse visa with Tier 4 Refusal Deception 322 (1a)

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