Fiancee Visa advice please help!

[daviesge]

Hello everyone,
This is my first visit on here and I would be so grateful for some advice. My fiancée is from Nigeria and he has applied 3 times for a visitors visa to the UK all of which have been denied for one reason or another. The third application resulted in a 10 year ban meaning he can not reapply for a visitors visa. However we are so much in love and wish to marry we have had some advice which says the ban for the visitor visa cannot be used against us if we were to apply for a fiancée visa. PLEASE DOES ANYONE HAVE ANY ADVICE. We really need to be sure of the up to date rules which now apply before we put in our application.

[Amber]

I gather he used deception in the application? Supplying false documents?

[the_silk_route]

What was the reasoning behind the 10 year ban?

Why did they place a ban on him? The reason for the ban may have an impact on future applications depending on what the reason was. There is a section on the application form which asks if you have been previously denied a visa to the UK before this application.

[daviesge]

Amber
I have trued tried to PM you as you requested but the site wont allow me to do so?
I am so sorry if I have caused offence to anyone! I'm new to the site and if I am using it incorrectly please let me know.

[daviesge]

Yes they believe the bank statement submitted was false.

[MPH80]

Yes they believe the bank statement submitted was false.

Was it?

[daviesge]

No the bank statement was obtained from the bank and was not false.
He contacted the bank but they say there is nothing that can be done now all they can do is provide a letter to accompany the bank statement when he re-applies to prove its valid.

[daviesge]

We have been advised that the ban will mean the application for a fiancée visa will be carefully looked at but that is not a problem as we have both been 100% honest and have nothing to hide. We have also been told that the ban cannot be applied as we are applying for us to marry not just for him to visit the UK.

[MPH80]

Your're absolutely right that the ban, as standard, does NOT apply to fiancee or spouse visas.

However, a previous ban - particularly from deception - when applying for a spouse visa is rather specifically required to be considered under 320(11) - which is a discretionary rejection and does apply.

Any aggravating circumstances and the discretionary rejction might still be applied. Unfortunately the only way to know is to apply.

[daviesge]

MPH8O
Thank you so much for your reply so all is not lost then! Would you advise us to apply for the fiancé visa?
I have a good job annual income of 26000, accommodation, character references, and I have met my fiancée 5 times meeting and staying with his family.

[daviesge]

MPH8O
We have been in our relationship for almost four years with me visiting as I say 5 times. three applications for a visitor visa made on his part. The first two applications no problem on his application the issue was a question on us meeting as I failed to state our first meeting was in Cyprus, second application refused due to my financial situation. Never before was there any question regarding any of his documents.

[MPH80]

Frankly, a fully correct, with completely legal documents, application can - at worst - put you in a worse financial situation.

Look at it this way:

* right now you're not together and you have no visa
* You do have a ban applying to your fiancee (for all non-fiancee/spouse visas)

So - let's say you apply - what happens?

If it's successful:
* They come here
* You get married
* Convert to spouse visa
* Live happily ever after (well - for 33 months, then another 33 months)

If it's rejected:
* You're down the visa application fee
* You have to consider the next step

You just need to read through all the rules, and give appendix FM-SE a read too - make sure you submit every document completely accurately.

[daviesge]

MPH8O
Once again thank you for you advice it has been really helpful, your absolutely right if we don't apply we will never know and God willing all will have a happy ending!