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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
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: 9 months ago.
Category: Immigration Law
Customer: replied 9 months ago.
we r olanning to have a baby in near future is this will effect our case
Expert:  Frantz I replied 9 months ago.

Why were you removed from the UK?

Customer: replied 9 months ago.
I overstayed my student visa.
Expert:  Frantz I replied 9 months ago.

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

Customer: replied 9 months ago.
1 year seven months i apply for artical 8 application but got refused
Customer: replied 9 months ago.
I was on reporting condition for 8 months
Expert:  Frantz I replied 9 months 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 9 months 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 9 months 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:  Frantz I replied 9 months ago.

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

Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
I have no deception.
Expert:  Frantz I replied 9 months 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 9 months ago.
She is british citizen and she is working
Customer: replied 9 months ago.
She is earning more then 18600 a year
Expert:  Frantz I replied 9 months 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 9 months ago.
we can apply for spouse visa at anytime if she is earning 18600 and have a living arrangements
Expert:  Frantz I replied 9 months 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 9 months ago.
i have to wait 12 months before we submit any application ?
Customer: replied 9 months ago.
But i was reading somewhere if i make a family application ban wont be valid so its wrong
Customer: replied 9 months ago.
this ban will only impose if i apply for uk or any EU country ?
Expert:  Frantz I replied 9 months ago.

This is what the guideline says for UK visa applications

Customer: replied 9 months ago.
Ok thanks
Customer: replied 9 months ago.
If i need any other information i'll write to u
Thanks again for ur kind help

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