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Vineet S
Vineet S,
Category: Immigration Law
Satisfied Customers: 3979
Experience:  Freelance Solicitor at Self Employed
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My partner was told he couldn't return to the uk for 1 year

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Hi, my partner was told he couldn't return to the uk for 1 year after exiting but I'm not sure if this applied is we obtain a spouses visa.He entered the UK on a tourist visa with his Argentinian passport, then the pandemic happened so he ended up staying for over a year. We tried to get him his Italian passport as he has dual citizenship, but it took over a year to arrive so it was too late to try the EU settlement scheme. We did apply for it anyway a few months ago but didn't hear back. We then applied for a partners visa, it was rejected, we appealed but the appeal was rejected because we didn't have bank statements and utility bills going back to the start of our relationship. We're planning to get married in a couple of weeks and apply for a spouses visa, I am a British citizen. I just need to check that we are likely to get it and that he will be allowed to return.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Hi there,

If your partner has been handed mandatory one year re-entry ban then he would not be able to enter back into the UK on any visa category. He would have to wait till the ban on re-entry gets over.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 15 days ago.
I'm not sure if it's a ban, when he was entering and getting his 6 month tourist visa they just told him that once he leaves he can't return for a year. Also he'll be using a different passport so I don't know if that makes a difference.
Customer: replied 15 days ago.
Is there any other proof that we need for the visa other than the marriage certificate?

Alright it is not a ban. It is just that visitor can only enter on genuine reasons and cannot have extended and frequent visits as your long and extended stays can be seen as that visitor is making UK their main home.

And now if your partner has different passport then it definitely makes a difference, so your partner can enter in the UK on spouse visa

Thank you.

Customer: replied 15 days ago.
That's great, i thought that was the case. So it doesn't matter if we apply before the year, that's just about re-entry?
Customer: replied 15 days ago.
Also given our background do you think we will have any issues obtaining the spouse visa?

Yes, as your partner is not re-entering on visitor visa but on spouse visa on different passport.

I trust this helps.

If you need further assistance, please let me know.

Thank you for using Just Answers. Best wishes.

Customer: replied 15 days ago.
given our background do you think we will have any issues obtaining the spouse visa? Is there any other evidence we need to give other than the marriage certificate and ID?

To know documents you need to submit for spouse visa , please post it as a new question  by opening up a new post/question and FAO: Vineet S and I will be happy to help.

Thank you.

Customer: replied 15 days ago.
Will do, thank you for your help

You are welcome. Best wishes.

Vineet S and other Immigration Law Specialists are ready to help you