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!!! Help Marrying in few days, but became illegal

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buhalcheto
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!!! Help Marrying in few days, but became illegal

Post by buhalcheto » Sat May 28, 2016 3:58 pm

Here is the case
Few months ago with my fiance applied to get married, we received the letter after 70 days with permission to marry.
We are getting married in few days, but few days ago I received a new letter saying "my visa is refused and I should leave UK"
Out of no where on the grounds that I had taken ETS exam for my visa back then 5 years ago and they thing my certificate is obtain illegally.
My questions are what should I do cancel the wedding and leave and go get marry in my country and come back to UK on a EEA FM visa ?
or to go to my wedding and hope UKVI don't show up and destroy my wedding which my fiance is planning from months ?

member
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Re: !!! Help Marring in few days, but became illegal

Post by member » Sat May 28, 2016 4:07 pm

What kind of visa has been refused?

buhalcheto
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Re: !!! Help Marring in few days, but became illegal

Post by buhalcheto » Sat May 28, 2016 4:11 pm

Tier 1. I have been on that visa for long, I have my own business and everything is perfect, I'm getting married to my partner - we are living together from 3 years now.
Out of nowhere because of the scandal with the ETS exams they are closing my visa.
When I send application for getting married for EEA nationality everything start to get upside down. HO went crazy opened my old visa application and start searching for a way to kick me out from the country because if I marry my fiance when my visa expire I can apply for EEA FM and apparently they don't want that

buhalcheto
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Re: !!! Help Marring in few days, but became illegal

Post by buhalcheto » Sat May 28, 2016 4:31 pm

We spoke with my fiance, and are thinking just to leave UK go to her country get married there and apply for EEA FM,
So I just want to know what to do? To start calling everyone telling them wedding it getting closed, or to go to wedding in Friday and hope UKVI are not gonna decide turn up and close the wedding and embarrass us infront of our friends and family.

noajthan
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Re: !!! Help Marring in few days, but became illegal

Post by noajthan » Sat May 28, 2016 8:11 pm

buhalcheto wrote:Here is the case
Few months ago with my fiance applied to get married, we received the letter after 70 days with permission to marry.
We are getting married in few days, but few days ago I received a new letter saying "my visa is refused and I should leave UK"
Out of no where on the grounds that I had taken ETS exam for my visa back then 5 years ago and they thing my certificate is obtain illegally.
My questions are what should I do cancel the wedding and leave and go get marry in my country and come back to UK on a EEA FM visa ?
or to go to my wedding and hope UKVI don't show up and destroy my wedding which my fiance is planning from months ?
This is unlikely:
HO went crazy opened my old visa application and start searching for a way to kick me out from the country
Was English exam valid?
When does visa expire?
Specific grounds for revocation?

When is wedding?
Has weddng licence been revoked?

Is future wife exercising treaty rights as a qualified person?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

buhalcheto
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Re: !!! Help Marring in few days, but became illegal

Post by buhalcheto » Sat May 28, 2016 9:03 pm

Was English exam valid?
The exam was valid I've never had problem wit it

When does visa expire?
Visa was supposed to expire in March 2017

Specific grounds for revocation?
it has come to light that the ETS TOEIC certificate you submitted in support of your application on 03 March 2012 was invalid.
You are therefore specifically considered a person who has sought leave to remain in the United Kingdom by deception. "...... ETS has a record of your speaking test. Using voice verification software, ETS is able to detect when a single person is undertaking multiple tests. ETS undertook a check of your test and confirmed to the SSHD that there was significant evidence to conclude that your certificate was fraudulently obtained by the use of a proxy test taker. Your scores from the test have now been cancelled by ETS." .... On the basis of the information provided to her by ETS, the SSHD is satisfied that there is substantial evidence to conclude that your certificate was fraudulently obtained..... As false document have been submitted in relation to your application, it is refused under paragraph 322(1A), of the Immigration Rules.
This means that any future applications for entry clearance or leave to enter the UK you make will be refused under paragraph 320(7B) of the Immigration Rules (unless it would breach your rights under the Human Rights Act 1998 or the Refugee Convention) for the following period starting on the date on which you leave the UK following this refusal:
·​One year if you leave voluntarily, without our having to pay or contribute to the costs of your departure;
·​Five years if you leave voluntarily at the Government's expense;
·​Ten years if we remove or deport you.
Future applications for entry clearance or leave to enter the UK will not be refused under paragraph 320(7B) if you are making an application as:
·​a spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A of the Immigration Rules;
·​a fiancé(e) or proposed civil partner under paragraph 290;
·​a parent, grandparent or other dependent relative under paragraph 317;
·​a person exercising rights of access to a child under paragraph 246; or
·​a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD;
or
·​where you were under the age of 18 at the time of your most recent breach of the UK's immigration laws.
You should therefore leave the UK at your own expense as soon as possible. If we have to remove you, any applications you make will be refused under the Immigration Rules for at least ten years, subject to the exceptions listed above.
In view of the fact that your application has been refused under one of the General Grounds for Refusal, under 322(1A) you therefore do not meet the requirements of the Immigration Rules for this category and it has been decided to refuse your application for Leave to Remain as a Tier 1 (Entrepreneur) migrant under paragraph 245DD(a)

When is wedding? - this friday

Has weddng licence been revoked? - no they didn't send me any letters about my wedding, just that one that apparently I cheated on my exam.. Which I haven't..

Is future wife exercising treaty rights as a qualified person?
Yes she is a nurse in hospital

noajthan
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Re: !!! Help Marring in few days, but became illegal

Post by noajthan » Sat May 28, 2016 10:52 pm

Having no previous problems with the certificate does not really indicate whether it was obtained by fraud or not.
Noone here is in a position to tell.

HO seem quite convinced the test was a fraud involving a proxy.
You will have to refute that, including the voice recording in HO possession, and show that you took the test.

As the visa has been revoked the cost of making wrong choices will get increasingly higher.

On the bright side, there seems no reason why the wedding cannot proceed if you have followed the registrar process and have a license or other permission.

When did you receive the letter?
Is there any indication of timelines to respect apart from the invitation to "leave asap"?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: !!! Help Marrying in few days, but became illegal

Post by noajthan » Sat May 28, 2016 11:54 pm

All that is gold does not glitter; Not all those who wander are lost. E&OE.

vinny
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Re: !!! Help Marrying in few days, but became illegal

Post by vinny » Sun May 29, 2016 12:48 am

Ask them to supply proof of your wrongdoings or withdraw their allegations.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

buhalcheto
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Re: !!! Help Marrying in few days, but became illegal

Post by buhalcheto » Sun May 29, 2016 9:39 am

The letter was send on my email at Friday and i'm supposed to receive it in Monday most likely at my address.
"The original of this letter has been sent to you in the post. Included with that letter is a print out of the data from ETS regarding your language test."

There was no indication of timelines they just written down to contact them to tell them if i'm going to leave voluntary or not.
"You should therefore leave the UK at your own expense as soon as possible. If we have to remove you, any applications you make will be refused under the Immigration Rules for at least ten years, subject to the exceptions listed above."

I'm waiting a response from my barrister, as if this go as a fraud in my files will stay there forever.
So I'm going to go against them in court. Because I didn't do anything wrong.

noajthan
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Re: !!! Help Marrying in few days, but became illegal

Post by noajthan » Sun May 29, 2016 10:25 pm

Interesting and perhaps relevant case to be aware of: an overstayer who married an EEA national and was then refused a RC on the grounds of marriage of convenience and was served with a removal notice:
https://tribunalsdecisions.service.gov. ... 5-ukut-436
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: !!! Help Marrying in few days, but became illegal

Post by Casa » Sun May 29, 2016 10:30 pm

The fact that you both attended a pre-marriage interview with the HO who then gave their permission for the marriage to go ahead, should be in your favour regarding the validity of the relationship.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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