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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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GOOD AFTERNOON, I AM A BRITISH CITIZEN AND MY HUSBAND WAS RECENTLY

Customer Question

GOOD AFTERNOON, I AM A BRITISH CITIZEN AND MY HUSBAND WAS RECENTLY REFUSED ENTRY FOR THE FOLLOWING REASONS:THAT HE HAD OVERSTAYED IN THE UNITED STATES AND NEVER DECLARED IT ON THE APPLICATION FORM. THAT HE WAS PREVIOUSELY MARRIED IN THE STATES BUT NEVER DIVORCED OR INCLUDED THIS INFO ON THE APPLICATION, BUT THIS MARRIAGE WAS ANNULLED .I AM LOOKING AT APPEALING AGAINGST THIS DECISION AND I AM CURRENTLY PREGNANT FOR HIM
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your question.

What nationality is your husband?
Why did he not disclose this in the application form?
Does the refusal letter state that he is banned from applying for the next 10 years?
What application was he applying for to enter the UK?

Kind regards
Customer: replied 3 years ago.

He is a cameroonian by nationality


 


he didnot disclose this information as he was wrongly advised by another solicitor not to disclose the information


. the marriage that was contracted in the united stated had been annulled in cameroon prior to us getting marriage so he didnot deam it neccessary to include this on the application form


 


no-he is not banned from applying in the next 10 years. he was given an appeal option


he was applying ofr a settlement visa

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Although it is acceptable that he would have to annul his previous marriage to marry you, the question here seems to be in respect of him not disclosing the fact that he was in breach of immigration rules in the US.

You now have the following options:

1. You can appeal the decision in respect of his application, this process can take up to if not longer than 6 months to obtain a tribunal date and then a further 4 - 6 months (if his appeal is allowed) for him to be issued with a spouse visa.

The positive thing about his appeal is that during this time you may have given birth to his child, which would therefore, give him an even stronger reason under the Human Rights Act to be present in the UK and you remaining in the UK as a family.

What you should also mention in the appeal is that he was wrongly advised by a solicitor and had he known he would have disclosed this information.

You should also mention in the grounds for appeal the reasons you are unable to relocate to his home country and also the effect that this separation is having on you, your family, his family and also any further effect it can have on your child and you having to be a single mother.

2. What you should also do, along side the appeal is write to the embassy in his home country asking them to reconsider their decision and include the reasons which I have mentioned above. The address and person you need to write to can be found at the beginning and at the end of the refusal letter. He may wish to write a detailed letter any also enclose evidence of your pregnancy etc to give weight to his arguments.

If you write a strong enough letter stating why you believe the decision made was incorrect and why he did not disclose his breach of the immigration rules in the US, then they may over turn the decision to refuse and grant him a visa without having to go through the appeal process.

This process can take between 2-3 months and there is no fees charged for this serve, what you should do is ensure you quote the reference number in the letter when you send this.

If this reconsideration application is not successful then you will always have the appeal to fall back on.

Thank you for rating my answer positively.

1. It is not mandatory to supply 5 years work of bank statements or payslips. What I do suggest you do is supply at least 6 months if possible and a letter from your new employer confirming your employment offer and the salary which will be paid. The reason I stated that both payslips and bank statements should be provided is because the UKBA can then corroborate this information and see that the monies were deposited in your account.

You may also wish to highlight in your statement the deposits for the salary payment.

2. Yes you may apply at least 28 days before the expiry of your current permission. You should ensure that it is not anything more than 28 days ie 29 days before the expiry of your visa, as your application will not be considered.

3. You may wish to go to and submit your application on the same day service, if you feel confident that you application is straight forward and there are not discrepancies with your application. The UKBA have made it clear that they will not accept any application with is not straight forward. You may book the service on your own without the aid of a solicitor should you wish

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your reply.


we have only 28 days to appeal against their decision .can we write the letter and also appeal ?


his previous marriage was annulled on the grounds of none consummation of marriage and not becuase we were getting marriage.



his application never included the fact that he was previously marriage or the annullement. thanks for ur response still waiting for ur reply

Customer: replied 3 years ago.

the visa was refused under paragraph EC-P.1.1(c) of Appendix FM of the immigration rules S-EC.2.2(a) the immigration officer also stated that he is not satisfied that my husband was in a legal position to marry me and therefore is not satisfied that the marriage is valid however, we have the annulement document to include as new evidence.


furthermore, we are also apply for the canadian skilled migrant program will this be an issue? the fact that he overstayed his visa and was deported ?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. Yes of course, you can appeal and then write a letter of reconsideration or do both at the same time if you wish.

2. In regards to your marriage, you should submit the documentation at the appeal and also send a copy of it with the letter of reconsideration.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Expert:  UK_Lawyer replied 3 years ago.
1. In respect of the skilled worker issue you can apply for it, but as you would need the original passport, in the event an appeal is successful. In addition he is being granted a spouse visa because you are resident in the UK.

If the tribunal thinks that you do not want to reside here then they will be hesitant to grant him a spouse visa. Therefore maybe you should apply for the skilled migrant programme after this issue is decided.

2. The issue in respect of deported and overstaying will be and should be overlooked, in respect of his spouse visa application to the UK. This should not be an issue but should have been disclosed to the immigration officer in the application.

Kind regards
Customer: replied 3 years ago.

thanks again, the british embassy in cameroon sends applications to ghana as there is a centralised system in place. the refusal letter hasnot got an address at the bottom or top of the letter -who do we address it to? do we send it to ghana directly or to the british embassy in cameroon where he deposited?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

He should send it to the post that made the decision, if it was Ghana then it should be sent there with his reference number so they can find his file.

If you have a look at the front of the refusal letter it should say the place of where the application was decided ie /ghana or /cameroon

Kind regards
Customer: replied 3 years ago.

could you prepare the appeal document for us and the letter? how much will that cost?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

We are unable to have contact with the customer outside of this website, therefore I am sorry to say I can not assist with your request.

Kind regards
Customer: replied 3 years ago.

ok thanks. any solicitor you could recommend?is this just online based?


re : canadian skilled immigrant program. this takes up to 9-12months to go through and the passport is usually not required untill the final stages.


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. Unfortunately we cannot recommend firms or solicitors on this website.

2. The reason I mentioned this was because the home office would be hesitant in granting spouse visas to individuals whose british spouse do not want to remain in the uk.

I hope this clarifies the matter.

Kind regards

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