Application for a marriage visa refused

[CRCBirk]

i was called for an interview.this was the eco's question: tell me about your UK immigration history.i said i applied for a student visa sometime in 2005 and i got refused.appealed the refusal and appeal was allowed.got to Uk in sept 2006 to study. sept 2007 i applied for renewal of my student visa and i was given further leave.jan 2008 i got a letter from the HO saying i used deception to obtain further leave, i was told i was enrolled in a bogus college.so i was adviced to return to my country.however, i was given chance to answer and i did.i refuted the allegation and asked that i be allowed to stay to at least finish my studies.april 2008 i got another letter from HO saying they wont reconsider.consulted a solicitor in UK but things didnt work out fast and i went home 30 sept 2008 days before my temporary leave in UK expires.at some point, there was discussion between me and the eco that i was discounting the decision of the HO. i said i was just telling them what traspired to my school, which was determined by them to be a fake school. also, the eco asked why i didnt go home to my country and i said i want to state for the record that i returned to my country on my own expense and accord and before the expiration of the temporary leave given to me.the eco moved to another question.he asked about the name of my school. i said i had two schools in UK.i mentioned the two names of my schools.then in a high tone voice he said why didnt i tell that when i was asked about my UK immigration history.i said i cant say everything in just 1 click.especially our conversation moved to different issues.he was telling me that i was concealing information from him. i said there's no point concealing them as they are all over my application and documents.all the correspondence from the HO were with my application.then he paused and referred to some document.he asked about a COA i had when i was in UK. i said i did and mentioned the guy's name.which by the way wasnt the guy i married when i returned back to my country.then again, he said that twice i tried to conceal information from him. i said i was to mention that thing but i dont know when and also i was at a loss as the interview seemed to be terrifying for me already.as he started mentioning i could be banned to enter UK for 10 years. i said i was comfortable with the interview but somehow i started getting nervous.

so people, did i conceal information?i dont think i did. i think these people just wanted to keep others away from their love ones.i miss my husband.it is really really hard to be away from each other.

is there a way we could sue these people from trying to alienate me and my husband's feeling for each other? we are emotionally suffering from this refusal. this isnt fair. my husband and i want to have a child. it can happen that my child bearing years will soon be over.grrrrrrrr.


help help help. an appeal has already been lodged.an oral hearing we opted for. but can we still get a legal representative even if my husband in the UK is already the representative written in the appeal form?

[ginoT]

you can sue the HO through the form of a Judicial Review if you believe they have made a procedural mistake. It'll cost you money but if you win you'll get your costs back. In your case, I'm quite lost to be honest. regarding keeping you and your husband apart, where are you now? In the UK? or abroad and he's in the UK? Have you lived together & can you prove this with shared address & bills?

So basically you're here on a student visa. It expires and you reapply but are rejected due to a bogus school. Seriously, was the school bogus? If not surely you can prove you are genuine about your studies through exam results, coursework etc.. In which case you'll easily win at appeal. Forget about their questions regarding COA. Getting married to a UK national does not automatically mean you want to stay here forever also. It wouldn't carry too much weight if your case goes to appeal

[CRCBirk]

you can sue the HO through the form of a Judicial Review if you believe they have made a procedural mistake. It'll cost you money but if you win you'll get your costs back. In your case, I'm quite lost to be honest. regarding keeping you and your husband apart, where are you now? In the UK? or abroad and he's in the UK? Have you lived together & can you prove this with shared address & bills?

So basically you're here on a student visa. It expires and you reapply but are rejected due to a bogus school. Seriously, was the school bogus? If not surely you can prove you are genuine about your studies through exam results, coursework etc.. In which case you'll easily win at appeal. Forget about their questions regarding COA. Getting married to a UK national does not automatically mean you want to stay here forever also. It wouldn't carry too much weight if your case goes to appeal

I was in UK for more than 2 years on a student visa.I got a letter from HO saying I used fraud to obtain further leave in UK. They said that the school which I was enrolled in was bogus. I was given the chance to answer and explained that I was regularly coming to school.Anyway, they didnt accept my answer and I was asked to leave the UK which I did on my own accord, expense and before the end of my temporary leave. While in UK, I applied for a COA to marry my american fiance. Along the way, things didnt go well and we didnt marry even we both had COA. Then I met this british guy and we fell for each other to the point that we would live together during the weekends.We were like that for for almost a year and then came the decision that I should leave before my temporary leave in UK expires. He followed me back to my home country and we got married. Thats why we applied for my settlement visa which was refused a month ago. The ECO said I tried to conceal info to him during my interview.This wasnt true. Why would I conceal my UK immigration history when it was all over my application documents?
The stress of being away from my husband is unbearable. My husband has a very good job in UK, he owns his house, he pays big money for tax.
I am confident to ask for the recording of the interview of me by this ECO to prove I didnt try to conceal info from him. He asked me a general question and I wished I just read to him the letter of the HO to me reiterating that I should leave the UK. All correspondence from HO that pertained to my UK immigration was in my application for a settlement visa.
There is overwhelming evidence that my relationship with my husband is real and existing. We want to form a family and thats so difficult if we are not together.
I see people here having the same problems I have and it is really good to know that knowledgeable people here are so willing to offer their advice and time.
My husband is really contemplating on making this ECO answer for his mistake. Thank you for telling me about a recourse to judicial review.
Thank you so much for your time.

[ginoT]

we all understand how unbearable it must be for you - half of us have had the same thing happen to us!

why did you not formally appeal against your student visa rejection if your studies were genuine? not challenging your decision will permanently look bad on your profile

I will pm you my solicitor's details tomorrow

[CRCBirk]

we all understand how unbearable it must be for you - half of us have had the same thing happen to us!

why did you not formally appeal against your student visa rejection if your studies were genuine? not challenging your decision will permanently look bad on your profile

I will pm you my solicitor's details tomorrow

Thank you very much for your reply.

I had a solicitor in UK who wasnt so good.And I understand that I could not appeal until I am back to my home country. I was at a loss and shocked. The school was padlocked by the HO. The school didnt appear to be bogus to us as we had classes. And before I enrolled to that school I verified it with the DFES and it's name was in the registry. While I waited for the solicitor to find a way and sue the school, I continued my studies in another college.

We just let go of appealing the decision as we thought it wont matter much as I would be re-applying under a different category next time, spouse of a british national.

I was trying to pacify myself and wanted to make my remaining days in UK as peaceful and worry free as possible as me and my husband was trying to conceive a baby before I go home.

[ginoT]

bogus schools do tend to have some classes to give themselves a vague sense of legitimacy but normally it's pretty obvious it's a dodgy set up. They are also much much cheaper than applying to a proper school. You must have realised this even if attending classes there. Anyway, what's done is done.

Regarding your current situation you should be in a position to appeal. If your husband is a clever chap & has free time get him to prepare all the appeal docs for you to submit to the consulate. A good solicitor is a safer bet tho. You'll then have a 6-9month wait before a hearing. Yes, I know 6-9months is a long time. Like I said, many of us (including me!) have been through this wait before

If you want to try and speed things up follow my advice here with appeals processes.

[CRCBirk]

bogus schools do tend to have some classes to give themselves a vague sense of legitimacy but normally it's pretty obvious it's a dodgy set up. They are also much much cheaper than applying to a proper school. You must have realised this even if attending classes there. Anyway, what's done is done.

Regarding your current situation you should be in a position to appeal. If your husband is a clever chap & has free time get him to prepare all the appeal docs for you to submit to the consulate. A good solicitor is a safer bet tho. You'll then have a 6-9month wait before a hearing. Yes, I know 6-9months is a long time. Like I said, many of us (including me!) have been through this wait before

If you want to try and speed things up follow my advice here with appeals processes.

before i posted my case i came across with the link that stated your advice and hundred percent i found your advice to be brilliant.

my husband and i already lodged our appeal we wrote ourselves. modesty aside, it was nicely worded and with overwhelming evidences to prove our grounds for appeal.ECO failed to consider the documents that came with the application.well, it's a bit so respectful to the ECO though. i must say that we are confident about it and we are hoping that the ECM will soon overturn the refusal of the ECO.worse thing we expect is that we wil have to go to an oral hearing for which we are awaiting our bundle date.

i hope my case will be just like the recent appeal i have written for a friend. a refusal to her student visa application was recently withdrawn by an ECM as he overturned the ECO's decision.

the extra actions you have written in your advice will sure be very helpful. i had taken this to my husband just last night and we both think it would help speed up our appeal.we are contemplating on consulting a good solicitor and even help represent our case if we have to go to an oral hearing.

thank you so much for your advice. we really appreciate it. we are looking forward to know the details of the solicitor you recommend.

[ginoT]

if you follow my advice, do so while the ECO still has your documents and not forwarded to the AIT otherwise it'll be too late. They normally don't overrule decisions and so I think your chances are slim at the ECO stage. So to improve them make sure you make the head of the Consulate is aware of your case + make him know that you are going to raise this to the Ambassador & Ombudsman if need be.

I have tried the very polite approach and it doesn't tend to work. They just reject you back albeit politely.

[CRCBirk]

if you follow my advice, do so while the ECO still has your documents and not forwarded to the AIT otherwise it'll be too late. They normally don't overrule decisions and so I think your chances are slim at the ECO stage. So to improve them make sure you make the head of the Consulate is aware of your case + make him know that you are going to raise this to the Ambassador & Ombudsman if need be.

I have tried the very polite approach and it doesn't tend to work. They just reject you back albeit politely.

Well taken.

Thank you very much.

[sop]

hi..same happened wid me..i came bac in Feb i.e. before 28 days on my on expense n now im apllying for spouse visa , y husaband is in london , studying full time..u think i ll get visa..it luks like its teh same case as urs..reely scared..pls guide!!!

[ginoT]

sop - sorry, but your description of your case is very unclear. Rather than saying "looks like same case as yours", please can you actually describe your case in full

If it is genuinely just like CRCBirk's case, then follow the same advice posted

[sop]

hi dear..its teh same case with me..i do accept that teh college was bogus..but i dint appeal n cam back to my country before 28 days voluntarily , will the ban for 1 year still be applicable if m makin dependant's visa application??