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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 664
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have been removed from uk 2 months ago and i wanted to

Resolved Question:

I have been removed from uk 2 months ago and i wanted to apply again for a spouse visa for uk i have no criminal conviction. My partner is coming pakistan next week and we r planning to get merried her .. can i apply ? If yes what are the possibilities thanks
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
we r olanning to have a baby in near future is this will effect our case
Expert:  frantzgregory replied 1 year ago.

Why were you removed from the UK?

Customer: replied 1 year ago.
I overstayed my student visa.
Expert:  frantzgregory replied 1 year ago.

How long did you overstay your visa for? and what where you doing after you overstayed

Customer: replied 1 year ago.
1 year seven months i apply for artical 8 application but got refused
Customer: replied 1 year ago.
I was on reporting condition for 8 months
Expert:  frantzgregory replied 1 year ago.

Hello

Thank you for your enquiry.

This is what the rules say which I hope answers your questions.

"

If an applicant is to be refused under 320(7B), applications must be refused for the following periods:

  • 12 months if they left the UK voluntarily, not at the expense (directly or indirectly) of the secretary of state;
  • 2 years if they left the UK voluntarily, at the expense (directly or indirectly) of the secretary of state, more than 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later
  • 5 years if they left UK voluntarily, at public expense;
  • 5 years if they were removed from the UK as a condition of a caution issued in accordance with s.134 legal aid, sentencing and punishment of offenders act 2012
  • 10 years if they were removed or deported from the UK;
  • 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

Where an applicant has overstayed, breached a condition of leave, was an illegal entrant, accepted a conditional caution or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK. Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused.

"

Customer: replied 1 year ago.
Thanks for ur reply. I Ieft the uk on my own expenses. Is the ban is still valid if i apply for spouse or fience visa ??
Customer: replied 1 year ago.
My partner come to pakistan we get merried here legally and have a baby and she go back and apply for a spouse visa can we apply like this ??
Expert:  frantzgregory replied 1 year ago.

I am happy to answer further questions when you have rated. Thank you.

frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
I have no deception.
Expert:  frantzgregory replied 1 year ago.

If you left the UK at your own expense and voluntarily the guidelines says you must be refused for a period of 12 months. The ban would normally apply to any visa application.

Is your partner British? Are they in work?

Customer: replied 1 year ago.
She is british citizen and she is working
Customer: replied 1 year ago.
She is earning more then 18600 a year
Expert:  frantzgregory replied 1 year ago.

Although you have no deception, it is still an immigration offence to overstay your visa. From reading the guideline the refusal period may affect any application you make. But your partner should be able to sponsor you at the appropriate time if she meets the requirement.

Customer: replied 1 year ago.
we can apply for spouse visa at anytime if she is earning 18600 and have a living arrangements
Expert:  frantzgregory replied 1 year ago.

If you left the UK at your own expense and voluntarily the guidelines says you must be refused for a period of 12 months. The ban would normally apply to any visa application.

Customer: replied 1 year ago.
i have to wait 12 months before we submit any application ?
Customer: replied 1 year ago.
But i was reading somewhere if i make a family application ban wont be valid so its wrong
Customer: replied 1 year ago.
this ban will only impose if i apply for uk or any EU country ?
Expert:  frantzgregory replied 1 year ago.

This is what the guideline says for UK visa applications

Customer: replied 1 year ago.
Ok thanks
Customer: replied 1 year ago.
If i need any other information i'll write to u
Thanks again for ur kind help