Appeal against Refusal of Entry Spouse Visa

[Kenan]

Hello. Could anyone please suggests me how to be on my case. My wife been refused of entrance as spouse visa application after year of waiting, then we had appeal hearing where I came with our barrister on August 2015. So far we didn't have any decision and it's almost 5 months past... Our barrister says we have to be patient and just wait. Will it be right me to email to tribunal customer service and ask on what stage is our case?

[CR001]

Hello. Could anyone please suggests me how to be on my case. My wife been refused of entrance as spouse visa application after year of waiting, then we had appeal hearing where I came with our barrister on August 2015. So far we didn't have any decision and it's almost 5 months past... Our barrister says we have to be patient and just wait. Will it be right me to email to tribunal customer service and ask on what stage is our case?

What was the reason for the original refusal?

[Kenan]

What was the reason for the original refusal?

Financial requirements (paragraph E-ECP.3.3.): have not provided - statement of account, a full 12 months of bank statements (haven't provided April to November 2012), - evidence of payment of class 2 national insurance contributions. Also she was refused 3 times before a visit visas n had ban until 2021.

[CR001]

What was the reason for the original refusal?

Financial requirements (paragraph E-ECP.3.3.): have not provided - statement of account, a full 12 months of bank statements (haven't provided April to November 2012), - evidence of payment of class 2 national insurance contributions. Also she was refused 3 times before a visit visas n had ban until 2021.

Banned for what reason? Deception?

[Kenan]

What was the reason for the original refusal?

Yes

[CR001]

What was the reason for the original refusal?

Yes

What was the deception? Under what immigration rule did they refuse the spouse visa)? Unlikely you will get a favourable response.

[Kenan]

Under paragraph EC-P.1.1 (d) of appendix FM of the immigration rules (E-ECP.3.1)

Is there no any chance my wife can join me in UK?

[Kenan]

Under paragraph EC-P.1.1 (d) of appendix FM of the immigration rules (E-ECP.3.1)

Is there no any chance my wife can join me in UK?

Previous were paragraph 320 (11), later 320 7A and 7B

[CR001]

320 (7A) is a mandatory refusal for false representation or submitting false documents.

320 (7B) is also a mandatory refusal and is for breaching immigration rules, overstaying, using deception.

320 (11) is a discretionary refusal for breach of immigration rules (overstayed, breached their visa or used deception in a previous application).

These are serious reasons for refusal. Does she have a UK immigration history prior to the visitor visas or spouse visa applications?

[Kenan]

She had never been to UK. But in the past she tried to get into UK with me using false document. It's my fault as I get her that document and I believed it wasn't false. That's why she get ban. But as I know that ban doesn't cover spouse visa, is that correct?

[CR001]

I stand corrected but a ban under 320 (11) might not affect a spouse visa but a ban under 320 (7A & 7B) affects all visa applications because they are mandatory refusals and no discretion can be applied.

Any application she makes, this will immediately flag up.

It's my fault as I get her that document and I believed it wasn't false.

I'm sorry, but I do find this hard to believe. If a document was produced or purchased that she was not entitled to, it is false.

[Kenan]

Thank you for information. There was a people who told me there was legal program to get residence in other country so I believed that n get ID card for her. When we were passing board the officer called her out and they said the ID was false.
So we have no any hope to get her visa even if I got two kids in UK n business what make me impossible to move to her country?...is there anything I can do to change this situation?

[vinny]

I stand corrected but a ban under 320 (11) might not affect a spouse visa but a ban under 320 (7A & 7B) affects all visa applications because they are mandatory refusals and no discretion can be applied.

I think that 320(11) may affect a spouse visa, but 320(7A & 7B) may be exempted under A320.

[CR001]

I stand corrected but a ban under 320 (11) might not affect a spouse visa but a ban under 320 (7A & 7B) affects all visa applications because they are mandatory refusals and no discretion can be applied.

I think that 320(11) may affect a spouse visa, but 320(7A & 7B) may be exempted under A320.

Ahhh, thanks Vinny, I knew it was one of them.

[Kenan]

I stand corrected but a ban under 320 (11) might not affect a spouse visa but a ban under 320 (7A & 7B) affects all visa applications because they are mandatory refusals and no discretion can be applied.

I think that 320(11) may affect a spouse visa, but 320(7A & 7B) may be exempted under A320.

Ahhh, thanks Vinny, I knew it was one of them.

Thank You for the hope...