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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My husband received a 10 years UK visa ban .

Customer Question

Hi. My husband received a 10 years UK visa ban for deception. However I wanted to know, as I am currently pregnant for him, could he still apply for a spouse visa?
I have read a lot of sites that states that he can apply for a spouse visa but I spoke with a lawyer and he said that a spouse visa does not apply when the ban is due to deception. So I am now a bit confused.
By the way I am a British Citizen.
Submitted: 11 months ago.
Category: Law
Expert:  Alice H replied 11 months ago.
My name is ***** ***** I am happy to help you today. Could you tell me what the deception was and when the ban was imposed?
Customer: replied 11 months ago.
The deception was for him submitting a bank statement which was not genuine and it was imposed on 3/12/2015
Expert:  Alice H replied 11 months ago.
OK. He can apply for a family visa to join you as spouse as this is an exception to the ten year ban but, of course, the immigration authorities will know about the previous deception and will scrutinise his new application. So the information you read is correct.
Expert:  Alice H replied 11 months ago.
There is a very useful fact sheet from the Immigration Law Practitioners Group which confirms the legal position:
http://www.ilpa.org.uk/data/resources/15112/12.07-General-Grounds-for-Refusal-Updated.pdf
Customer: replied 11 months ago.
Thank you for that. It was a very useful information. I have attached his refusal letter. Could you please explain more to me about the refusal letter please?
Expert:  Alice H replied 11 months ago.
Thanks for requesting the phone call. Unfortunately there appears to be a problem so I have sent an offer of additional services which you can accept from your screen if you wish.
Customer: replied 11 months ago.
I will rather we communicate on here.I have attached the refusal letter that my husband received. Please could you explain in depth what the letter means and if there's anything else to it?
Thanks
Customer: replied 11 months ago.
Alice I have just been charged £38 for just three replies that I received from you. I am so not satisfied with that and now you are asking me to pay more in order to receive more service.No thank you
Customer: replied 11 months ago.
I have attached his refusal letter. Could you please explain more to me about the refusal letter please?
Expert:  UKSolicitorJA replied 11 months ago.
Hello,
I have seen the refusal letter and if he knowingly submitted the false bank statement, any UK visitor visa applications that he makes again in the next 10 years will be refused.
However, the ban doe not apply to entry clearance applications as your spouse.
The requirements for such spouse visa applications are set out in Appendix FM, see here
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
The suitability criteria are set out here
Section S-EC: Suitability-entry clearance
S-EC.1.1. The applicant will be refused entry clearance on grounds of suitability if any of paragraphs S-EC.1.2. to 1.9. apply.
S-EC.1.2. The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good.
S-EC.1.3. The applicant is currently the subject of a deportation order.
S-EC.1.4. The exclusion of the applicant from the UK is conducive to the public good because they have:
(a) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
(b) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
(c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.
Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.
S-EC.1.5. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph S-EC.1.4.), character, associations, or other reasons, make it undesirable to grant them entry clearance.
S-EC.1.6. The applicant has failed without reasonable excuse to comply with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
S-EC.1.7. It is undesirable to grant entry clearance to the applicant for medical reasons.
S-EC.1.8. The applicant left or was removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 less than 5 years prior to the date on which the application is decided.
S-EC.1.9. The Secretary of State considers that the applicant’s parent or parent’s partner poses a risk to the applicant. That person may be considered to pose a risk to the applicant if, for example, they - –
(a) have a conviction as an adult, whether in the UK or overseas, for an offence against a child;
(b) are a registered sex offender and have failed to comply with any notification requirements; or
(c) are required to comply with a sexual risk order made under the Anti-Social Behaviour, Crime and Policing Act 2014 and have failed to do so.
S-EC.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-EC.2.2. to 2.5. apply.
S-EC.2.2. Whether or not to the applicant’s knowledge-
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
S-EC.2.3. One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.
S-EC.2.4. A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided.
S-EC.2.5. The exclusion of the applicant from the UK is conducive to the public good because:
(a) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; or
(b) in the view of the Secretary of State:
(i) the person’s offending has caused serious harm; or
(ii) the person is a persistent offender who shows a particular disregard for the law.
Customer: replied 11 months ago.
Thank you very much for your response. What are the chances that his application will be successful? We are thinking of doing an application based of him coming to see his child ( once I've given birth).
Expert:  UKSolicitorJA replied 11 months ago.
He must intend to live in the UK permanently if he applies for a spouse visa.
Such applications are complex and i would suggest that an immigration lawyer be appointed to assist him with the application, especially as he now has a refusal on his records.
He should not use further deception in the new application, otherwise it will be refused again.
All the best
Customer: replied 11 months ago.
Thanks again,
With a spouse application can he say that he is planning to stay with me?
Expert:  UKSolicitorJA replied 11 months ago.
Yes, it must be with you as man and wife.
All the best. Please leave feedback as your questions have been answered.

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