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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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Hi we are in the process of applying for my husbands uk spouse

Customer Question

Hi we are in the process of applying for my husbands uk spouse visa; he is a resident of jamaica. I have all supporting docs and meet financial and accomodation criteria and have evidence of relationship, visits, etc.

My concerns are that on my husbands visit visa application in Sept 2011 he did not put all correct information as we were badly advised by someone who we paid because she said she used to work at British High Commission - the first application, which she completed was refused due to them not believing on balance of probabilites that he would return and it was not very thorough at all. I then re-applied a few weeks later, supplying more detailed info of his circumstances, responding to their concerns and the visa was granted for him to come and see me. Against my advice, my husband did not change the incorrect things on the second application that were put on first application; he was scared that they would not give.

The things that were in-correct were marital status. The lady put single, he was in fact still married at that time but had not seen his estranged wife for 14 years, just hadnt got around to sorting out divorce. The lady said it didnt matter. The background to this is that he spent some time in the US in 1995, he got his visa through being in jamaican police force, met thislady, got married and applied for correct status in US through marriage. He did not return to his police job and did not tell his employers that he was not returning. He was in US for a little time and there was a problem between him and hiswife and he got arrested for something she accused him off. He spent some time in prison awaiting court, protesting his innocence - I think the lady eventually dropped the charges - whilst in prison his green card expired and he opted to go back to jamaica voluntarily. The reason he did not want to put marriage details was because of this history - he did not have any charges or convictions. He had not travelled again outside of Jamaica until he came to UK in Oct 2011. Therefore, in the section of the visa application where it says have you been employed by judicial services, he also put know following the ladies advice. Obviously, this is a long time ago, more than 10 years and the UKBA only look 10 years back so I argued that honesty best policy but I didnt win that argument.

So now to spouse visa - they asking same questions - this time the marriage cert states that he is divorced, so we have to put the correct information. Do we take the chance that they will not look into too much detail of previous application, or address the fact that we made a mistake and give mitigating circumstances and hope they appreciate his honesty; this would be the same for the judicial work. We are so so worried about his visa not being approved and him receiving a 10 year ban. Please give your advice. Many thanks Nikki

The things that he
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

You are correct in what you have stated, but what you would need to remember is that it all comes down to credibility of your husband. Yes the home office does not ask for information dating back more than 10 years but there is nothing restricting them from viewing his previous applications and then deciding whether they should grant him the visa or not.

The fact is if the home office do find out that he has lied and used deception on his previous application then he will be banned, all you can do is apply and see what happens. Then in the event the visa is refused then you may appeal and then let an immigration judge decide if the refusal was justified.

It all depends on how far back the immigration officer wishes to go, but the best you can do is apply and as you rightly stated state mitigating circumstances in respect of your husband's previous application, you should also state how your husband not arriving to the uk will effect your life and his life and how it is difficult for you to relocate to his home country . If you wish for him to arrive to the uk you must submit an application.

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 regards
Customer: replied 3 years ago.

UK Lawyer



Hi thanks for your answer. I hope its ok to get a little more clarification -


 


My husbands immigration is with the USA, not the UK and he did not breach his UK visa requirements. I am assuming that they ((high commision) would have looked at his history when he applied the first time. So I was not going to put anything about the US history because they havent asked for anything further back than 10 years - I dont want to open a can of worms un-necessarily. Obviously, if they do look further back than 10 years we will have to address that at that time.


 


I think that they only really want to know previous relationship details to see if history of "sham" marriages. This is a long standing marriage, allbeit most of the time not with physically each other, so I am not worried about them looking at this too deeply. Just the fact that he didnt state "married" the first time around.


 


So to confirm, you think we should bring it to their attention that we did not put "married" first time around and could we explain by saying that they had not seen each other for 14 years, separation was mutual and accrimonious (if that is correct spelling!!), did not know whereabouts or address (his solicitors did have to hire someone to look for her) and did not want the estranged wife to know of his current life (she was a slightly strange lady from what I've heard) rather than go into detail about immigration history thats well over 15 years old....as well as if app if refused, impact on our lives, etc.as you suggested.


 


Or just put it in and hope they dont notice.....I am assuming that they will be more intent on looking at my financials, accomodation and evidence of relationship as they have already passed him for a visit visa - I thought that they wouldnt re-look at his background too much.


 


Do you think under the circumstances, we should use a professional immigration lawyer for this application - I was going to do myself, but this is worrying me and we cannot afford for him to be banned -we have been living this horrendous separate life, with expensive travelling costs for the past 2.5 years and its taking its toll on both of us - emotionally and financially.


 


Thanks again Nikki


 


Thanks for your time again.


 


 

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

Just to confirm what you may wish to do is apply and then if the application is refused what you would need to do would be to refute and state the reasons why you believe the application was wrongly refused and state the reasons how the refusal would effect both you and your husband's private and family life.

I would suggest you consult a solicitor and see what view they have, then if they are similar to what you would have decided to do anyway apply yourself. But as you have correctly mentioned the downside is the 10 years ban that can be levied against your husband , so yes consult a solicitor but only get him to submit the application if you are convinced and happy to work with him. Do not be afraid to ask for a second opinion from another firm of solicitors.

It is a very important application and you have to make sure the application gives you the best chance of success.

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 regards
Expert:  UK_Lawyer replied 3 years ago.
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 regards
Expert:  UK_Lawyer replied 3 years ago.
kindly rate my answer positively so I can get credited for my time.

Kind regards

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