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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, my partner was refused leave to enter the UK at the

Customer Question

Hello, my partner was refused leave to enter the UK at the London Heathrow airport because they claimed he has spent 26 months out of the last 30 months in the UK and his visiting visa does not allow him to stay that long in the UK. They also gave him a one year ban from applying further. I am his wife and am a British citizen. Is it possible that if we apply for a spouse visa for him to come and live with me, will this be successful. I also need an email address from you to send the refusal letter that was given to him by the immigration official so you can understand the situation and the verbage of his refusal and can advice further.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, he is not allowed to be in the UK for that long on a visitor visa and he was refused entry into the UK correctly.

If he applies for a spouse visa, the ban will not apply to him as you are his British Citizen spouse.

I would suggest that an immigration solicitor be appointed to assist with his application for a spouse visa. You do not need to worry about the refusal notice as such.

Can I help further?
Customer: replied 3 years ago.

The actual verbal on the refusal letter is thus "This means that any future applications for entry clearance or leave to enter the United Kingdom will be refused under paragraph 320(7B) of the Immigration rules for a period of one year from the date of your removal. Is the application for a spouse visa not an entry clearance or leave to enter the united kingdom. That is our dilemma at the moment. Please clarify.

Expert:  UKSolicitorJA replied 3 years ago.
Paragraph 320(7)(B) does not apply to spouse visas so you do not need to worry.

Hope this clarifies