Will my wife get dependent visa after 5 years of administrative removal from UK?

[agupta19]

I have a query related to dependent visa. Whether my wife will get dependent visa or not?

She was removed from UK in Jul'2014 and the reason was that the B2 exam given for the visa extension was found to be deceptive as per Home Office

She had given the B2 exam as per the process and didn't follow the wrong path. Still she was detained with that reason. Most of the students detained during that period (i.e. Jul'2014) was with the same reason.

During detention, we had been asked to appeal against the decision if we think that the decision is not correct but we didn't as the legal charges were involved and we weren't sure how long the process would take.

Instead of that , we took the decision of voluntary departure from UK as all voluntary departures are normally subject to a one year entry ban.

One more thing that could be useful is that it was 'ADMINISTRATIVE REMOVAL' and not 'DEPORTATION ORDER'.
Also, she was on student visa at that point in time.

It's almost been 4.6 years now. Will she get dependent visa now considering the above situation?

Please advise

[vinny]

Deception is worse than administrative removal.

Unless she is exempted under A320, 320.(7B)(d)(ii) now bans her from re-entry for at least 10 years.

[agupta19]

Thanks vinny for such a prompt response.
Does this mean she will get a dependent visa without any issue?
I have gone through the document but not sure under which section she was detained.
Will it be possible for you to go through the document and let me know whether will be to good to process the dependent visa? Can you please share the email id as I don't see any attachment section to attach the letter in this post?

Thanks,
Abhishek

[vinny]

Does this mean she will get a dependent visa without any issue?

Unfortunately, if you are not settled nor British, then she will have problems.
If you are settled or British, then she should be okay.

[agupta19]

I'm not settled in UK but will come on ICT Tier 2 visa and hence planning dependent visa for my wife.
What are the chances of getting a dependent visa in this case.
Thanks,
Abhishek

[vinny]

Unfortunately, as a PBS dependant, probably no chances within 10 years from last departure, unless she successfully refute the deception charges.

They have only recently changed the rules.

[agupta19]

I have read somewhere that if it is voluntary removal then we can apply after one year and that is subjected to immigration rules.

What do you suggest? Should we process the visa and not? and what are the chances of getting it?

[vinny]

Deception is worst, as it results in a 10 year re-entry ban.

Probably a waste of time and money applying, unless she can successfully refute the deception charges.

[agupta19]

I have found the following statement in the letter:

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:
1. a spouse, civil partner or unmarried or same sex-partner under paragraphs 281 or 295A of the immigration rules;

What are these rules? Can't she eligible for entry clearance based on the above fact?

[vinny]

It means as I previously explained. She is exempt from 320(7B) under A320, if she is applying as the spouse of a settled or British person.

See also links on deception.