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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi We just applied for a UK visa for my partner to come to

Customer Question

Hi We just applied for a UK visa for my partner to come to England for holiday from Turkey. We used a solicitor in Turkey to process the application to ensure we had everything in place. When they asked my partner if he had applied before he said yes but couldn't remember exactly when, they asked was it more than 5 years ago to which he said yes 8 or 9 he thought. they said thats fine if its over 5 years ago they are not interested. Of the UK border control were interested up to 10 years so he was refused on this and because of this did not believe the rest of the application. They have not excluded us from applying again but have hinted that if we do we will get a 10 year exclusion. We spoke to the solicitor who said he was unaware of the 10 years but said he would give us a letter stating that they messed up. l have been with my partner since 1999, he was refused entry previously because although separated was still married in the eyes of UK borders (& law) he is now divorced and l am at my wits end as to how l will ever get him here we intend to marry but l wanted him to visit UK before we decided where to settle as he had never left Turkey. However l am now worried that even if we were married in Turkey l would not be able to bring him to the UK because of the last application. Can you advise whether you think we would be able to get him here on a spouse visa?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Yes, if you were to marry and he was to apply for a spouse visa to come to the UK, then the home office will overlook any ban that or any discrepancies in respect of his previous applications, strictly due to the fact that the application for a spouse visa is made on the basis of article 8 family life.
You should therefore marry in Turkey and then apply fro a spouse visa from there explaining what happened during the previous visa application and enclose a copy of the solicitor's letter explaining that they advised him incorrectly regarding his application.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi You helped me out a few months ago with an immigration question and following on from that l now have another one. My partner has taken a IELTS English test, which is purported to be equivalent to a B1 exam for which the pass score is 4. My partner attained 3.5 however he scored 4 in speaking and 4 in listening and lower marks for reading and writing hence the overall score of 3.5. For a spouse visa he needs to pass an A1 listening and speaking exam but in Turkey no one seems to do the A1 test hence we went with the IELTS test, what l need to know is if his scores will allow him into the country as l believe he meets the criteria but l don't want to find out at a later stage that it does not meet the criteria.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
This should be sufficient, however I would explain to the home office why an IELTS test was taken and also enclose the following chart to show the immigration officer that your partner does meet the A1 English language requirement:
http://www.clarityenglish.com/support/user/pdf/ppt/CEF_Chart_PPT.pdf
Provided you submit the chart along with the IELTS test results the visa should not be refused on the basis of the English language requirement.
I hope this answers your question.
Kind regards