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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Hello my name isXXXXX living in Uk for the past 4

Customer Question

Hello my name isXXXXX living in Uk for the past 4 years.I am a romanian national married with sunil lapia who is a a hindi national. I am trying to bring my husband to UK to live with me but the UKBA refused his entry based on the grounds that my marriage is one of convenience . He was living in Uk from 2002 as a student and in 2007 had a motoring offence. In 2011 he had to return home to India as he was refused an extension of the visa because he forgot to disclose the offence. We got married in 2011 in India and in 2012 we applied for a family visa but we got refused. because they considered the marriage was fake. we applied again in the same year but we got refused, in 2013 we submitted an appeal i went to court as his sponsor and and in august 2013 i received the letter that our marriage is fake and they will not grant him the visa.
I was wondering if you can give me an advice or help with this matter as we onestly dont know what to do. we love each other very much and we just want a chance.

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.

Can you please clarify what exact reasons they gave for your marriage being one of convenience?

Kind regards
Customer: replied 3 years ago.

that we have not proved on paper work that our marriage is genuine. we had photos of our marriage we had letters from my family and his family , we hade witness testimony from the people who attended the marriage , i had proof of my travelling to india we had an indian joint account

Customer: replied 3 years ago.

because he forgot to mention his criminal offence in 2010 in hi application he was refused a visa. when we applied they said because of his credibility trying to decieve the judge now they do not believe this is a genuine marriage


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

It is strange if you had submitted all the evidence that you have stated for the home office to state that your marriage was one of convenience. I do not understand in what way a marriage could be deemed one of convenience of you had clearly stated how you met, when where and how long you were in contact, and who proposed to who and documented all the evidence in respect of this.

The unfortunate situation about the whole case is that not only did the home office refuse to acknowledge your marriage as genuine even the court believed that it was one on convenience. This does make things a lot more difficult for you in respect of him obtaining a visa.

Your options are as follows:

1. re-apply but because the home office have already discredited the evidence you have provided about your marriage it does seem that any future applications would also be refused purely on this basis.

2. You may have to live with your spouse for a year or so and build up documents evidence of you residing together etc and then submit an application for him to apply for a UK visa. This may mean that either you relocate to his home country or he relocates to your home country, either way to get over the fact that the home office believe that your marriage is one of convenience you would have to spend a length of time living together to show that the marriage is genuine, otherwise as you would have noted any application submitted is likely to be refused.

3. The issue of the criminal offence, would also need to be addressed and the fact that hey believe that he deliberately withheld information regarding his offence, has had the effect that anything else that anything else that he now tries to state will also be seen as not being credible.

It is very difficult for an applicant who's credibility has been questioned to get his credibility back and therefore, I would have suggested that you state why he did not mention his criminal offence and the reasons surrounding the offence when you submitted the second application in 2012. You should have fought hard to state the reasons why he did not mention the offence and that it was a genuine mistake. If you did not do this the home office would believe that they made the correct decision and were right to refuse the application.

I would suggest that you and your partner move in together for a considerable amount of time collate the evidence and then submit another 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
Expert:  Nicola-mod replied 3 years ago.

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