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Naturalisation 10 year ban paragraph 320 B
Posted: Fri Dec 18, 2015 7:04 am
by ispenc1
Hi
I've searched the forum and unable to find a similar occurrence of this.
My wife (Indonesian) was refused entry and given a 10 year general visit ban for a mistake on her 2nd application in 2009. She answered NO to 'have you applied for a visa before? a genuine mistake.
We then married in Indonesia (I'm a BC) and were successful in obtaining a spouse visa. After 2 years she applied for and was granted ILR.
We have since applied for naturalization in Sept 2015 and are still waiting. It's only just occurred to me of the previous problems. I searched the forum and the only similar instance to this was where the applicant (Jan 2015) was immediately refused prior to bio-metrics. My wife was invited for biometrics so the question is are we still likely to be refused?
Re: Naturalisation 10 year ban paragraph 320 B
Posted: Fri Dec 18, 2015 8:19 am
by noajthan
ispenc1 wrote:Hi
I've searched the forum and unable to find a similar occurrence of this.
My wife (Indonesian) was refused entry and given a 10 year general visit ban for a mistake on her 2nd application in 2009. She answered NO to 'have you applied for a visa before? a genuine mistake.
We then married in Indonesia (I'm a BC) and were successful in obtaining a spouse visa. After 2 years she applied for and was granted ILR.
We have since applied for naturalization in Sept 2015 and are still waiting. It's only just occurred to me of the previous problems. I searched the forum and the only similar instance to this was where the applicant (Jan 2015) was immediately refused prior to bio-metrics. My wife was invited for biometrics so the question is are we still likely to be refused?
Enrolling biometrics is just one routine procedure that occurs early on in the application process.
It is not an indicator of success (or failure) of an application.
There are ofcourse many other requirements & factors that a caseworker will assess before making a decision.
Good luck.
Re: Naturalisation 10 year ban paragraph 320 B
Posted: Fri Dec 18, 2015 8:47 am
by torikelly91
Personally I think that if it was an issue she wouldn't have been granted Spouse visa and subsequently ILR.
Maybe for visiting purposes the 10 year ban still applies but since the point of obtaining the spouse visa followed by ILR is Settlement ... maybe there's a difference!
Re: Naturalisation 10 year ban paragraph 320 B
Posted: Fri Dec 18, 2015 9:11 am
by geriatrix
320(7B) is not applicable to spouse of a British citizen / settled person.
So, no effect on naturalisation (as it did not, on your EC, FLR or ILR).
Re: Naturalisation 10 year ban paragraph 320 B
Posted: Fri Dec 18, 2015 10:50 am
by ispenc1
sushdmehta wrote:320(7B) is not applicable to spouse of a British citizen / settled person.
So, no effect on naturalisation (as it did not, on ILR).
Thanks all so much for such prompt replies and giving us hope. So refreshing to see people that are willing to offer help and support.
Re: Naturalisation 10 year ban paragraph 320 B
Posted: Wed Jan 06, 2016 2:06 am
by avjones
I don't want to spoil the party, but I think the Home Office could legitimately take it into consideration under the "good character" part of the requirements.
That doesn't mean they will do, but I think they could legally do so.