Once visa has been refused is it likely in the future....

[louloukla]

to always be refused?


My husbands visa was refused due to a previous relationship with a Polish woman (before Poland joined the EU) which involved a baby, the relationship ended in 2005 with the Polish woman going back to Poland and telling my husband that the baby was not his.

We did not write anything on the application form for his visa about her as we knew that immigration had a record and also that my husband no longer regards that relationship as 'long-term marriage like' now as stated on the application.

He was refused with regards to the relationship with that woman. But as they could not refuse him on those grounds refused him on previos immigration history paragraph 320 (11) for agrivating the rules by entering the UK illegally in 2001 and using a forged passport.

We left the UK together in 2008 and got married at the beging of 2009 and applied for his entry clearance.

I know people that have been able to win their case with regards to the above but immigration and AIT have refused and said that I could go to live with him.

I am English and have a baby with him (who is now 10 months) and do not want to leave my country and start a new life in his as the cultures are completly different.

Is there any chance that in the future that his visa will be granted, as I have to stay in the UK at the moment to pay back my credit anyway an now that he has been there for more than 12 months can immigration refuse him on his immigration history if he left on his own accord and at his own expense?

[elv15]

you need to seek advice from an oisc registered adviser or a solicitor specialising on immigration. Did you seek advice before he left and during the AIT proccess did you have some one representing you?

[HRY2005]

He was refused with regards to the relationship with that woman. But as they could not refuse him on those grounds refused him on previos immigration history paragraph 320 (11) for agrivating the rules by entering the UK illegally in 2001 and using a forged passport.

Was he married to the Polish woman in question?

If he's applying on any other categories, he would be banned for 5 years (as he left on his own) but been a spouse visa he would not be banned but they can continue to refuse him on the same 320(11) contriving in a significant way to frustrate blah blah blah. I think he should re-apply later but get a very good solicitor who can try to argue his case and represent him in making his application. he might be lucky with a compassionate ECO (its at the discretion of the consular many times)

An adviser from IAS once told me that when you are returning home to make applications (especially if you are illegal before), you should prepare yourself with a lot of supporting documentary evidence that would tie the ECO's hands otherwise they would naturally prejudice your application having been an illegal in the UK before. Seek solicitors' advice.

Good luck