Tier 1 visa rejected- banned for 10yrs(applying as dep visa)

[Yamini]

Hi All,
My husband applied for Tier 1 visa in 2010, unfortunately it got refused and banned for 10yrs based on 320(7a). I am unaware of the situation and got married to him.


Now, I am on Tier 1 visa and owning(director of) a company since 2 yrs in UK. I would like to apply dependent visa for my husband. Since, there is a statement in refusal letter "any future applications will automatically get refused under 320(7b)", we are expecting refusal for the dependent visa as well.

But, can i go for the appeal based on Human Rights and get my husband to UK.
Since I am soley responsible for the company i am owning and if i leave the co. it will go in full lose though i cant leave the country(where i am well settled) and paying full length of taxes to government.

Please suggest me what can I do.

Thanks in Advance.

[benneviss]

Well, you have very good case if see some solicitor or barrister .

It is better to look into his refusal letter as well . What was the reason?

Hi All,
My husband applied for Tier 1 visa in 2010, unfortunately it got refused and banned for 10yrs based on 320(7a). I am unaware of the situation and got married to him.


Now, I am on Tier 1 visa and owning(director of) a company since 2 yrs in UK. I would like to apply dependent visa for my husband. Since, there is a statement in refusal letter "any future applications will automatically get refused under 320(7b)", we are expecting refusal for the dependent visa as well.

But, can i go for the appeal based on Human Rights and get my husband to UK.
Since I am soley responsible for the company i am owning and if i leave the co. it will go in full lose though i cant leave the country(where i am well settled) and paying full length of taxes to government.

Please suggest me what can I do.

Thanks in Advance.

[Yamini]

He submitted false educational documents.

Well, you have very good case if see some solicitor or barrister .

It is better to look into his refusal letter as well . What was the reason?

Hi All,
My husband applied for Tier 1 visa in 2010, unfortunately it got refused and banned for 10yrs based on 320(7a). I am unaware of the situation and got married to him.


Now, I am on Tier 1 visa and owning(director of) a company since 2 yrs in UK. I would like to apply dependent visa for my husband. Since, there is a statement in refusal letter "any future applications will automatically get refused under 320(7b)", we are expecting refusal for the dependent visa as well.

But, can i go for the appeal based on Human Rights and get my husband to UK.
Since I am soley responsible for the company i am owning and if i leave the co. it will go in full lose though i cant leave the country(where i am well settled) and paying full length of taxes to government.

Please suggest me what can I do.

Thanks in Advance.

[black7]

Difficult situation and I will advice you to consult a lawyer, may be they can fight your case, otherwise just applying a dependent visa when the Home office has banned for 10 years is likely to get refused.

regards

[Lucapooka]

Well, you have very good case if see some solicitor or barrister

I think not! This is not an application in a category that fall under rule 320 7C (that waives mandatory ban periods) and the sponsor is not settled in the UK. If she wants to be with her partner she can leave the UK and be with him.

[Yamini]

Thanks for the quick replies..
Is Human rights is the part of 320(7C)?
The problem is, if i leave the country my company will be in lose and other director(secretary) wont allow me to leave.

Please suggest.

Well, you have very good case if see some solicitor or barrister

I think not! This is not an application in a category that fall under rule 320 7C (that waives mandatory ban periods) and the sponsor is not settled in the UK. If she wants to be with her partner she can leave the UK and be with him.

[Lucapooka]

There are no human rights issues that I can see from the very limited information you have provided. You are a migrant worker in the UK by choice and neither your status nor your business ventures afford you and your partner any rights under ECHR 8. I think you should talk to a lawyer but I fear the outlook is not good. When are you eligible for ILR? That will be when he can consider applying for settlement and avoid the current ban