Spouse visa with 320 7b and 320 (11)(iv)

[spreekhan]

Hi all
Case history of my spouse.
Visa apply out side uk.

Apply student dependent visa on 2009
Refused reason. Fake saving certificates
Get 320 7a with appeal right .
Did not appeal.

We have child who born after ban in 2012


We bought saving certificates from visa counsultant
My wife pay cash she does not know that it's fake
We launched police report against but matter still pending counsultant run awey.
Any way money gone visa refused.
For 10 year till 2019.

Now circumstances changes.
I got ILR also applied neutralization.
Now I would like to apply my spouse visa on appendex FM.

A320 says 3207b does not apply spouse visa.
But 320 (11)(iv) May apply in this application but.

Must be aggravating circumstances.

We have 320 (11)(iv) deception in PERIVOUS application. As immigration law breach only

We don't have aģgravating circumstances.
She never comes to UK.

Now I earn 60k
Have geniune and subsisting relationship. Marriage over 12 years. With one child age 5.

Had accommodation FULLY qualified as per spouse visa requirements.

Can I apply my spouse visa ????
I think 320 (11)(iv) will not apply in this matter.
Please help

Regards

[Casa]

A Spouse Settlement visa may not fail under 320(11) of the Immigration Rules, but due to the submission of false documents in a previous application, the application is likely to be refused under 320 (7a) & (7b):
(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach)by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

[spreekhan]

No
Read this A320

1.4 RFL5.4 When does rule 320(7B) not apply? rule A320
Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:

In, addition, as concessions outside the rules, you should also not refuse an applicant under 320(7B) if:

the applicant has been accepted by UKVI as a victim of trafficking (see RFL 5.
the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008 (see RFL 5.7)
In addition you must not refuse an applicant under 320(7B) if:

false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;
the period specified for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKVI issued a visa or leave to enter or remain in the knowledge of that breach, for example, a student who has overstayed but was granted LTE following an out of time application.

[Casa]

false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;

Your spouse was obviously aware that the savings certificates were false as they were purchased from the visa agent. I assume that's why you decided an appeal against the decision would be pointless.

In posting against RFL 5, are you claiming that your spouse was a victim of human trafficking?

[spreekhan]

I do not appeal because my student visa finish and i back home country
I cut paste rule A320 it's all rule

[Casa]

Hi all
Case history of my spouse.
Visa apply out side uk.

Apply student dependent visa on 2009
Refused reason. bad quality saving certificates
Get 320 7a with appeal right .
Did not appeal.

You now say that your student visa expired. In the opening post above, your husband (I assume) says that you applied for a Student Dependent visa which was refused.

If you are convinced that the 10 year ban for submitting false documents no longer applies, then by all means submit an application and hope for the best.

[spreekhan]

I think you do not understand. Let me clear.
Husband is student in 2009.
Wife apply student dependent 2009.
Refused 3207a and 7b. Ban till 2019.
Get appeal.
Same time husband student visa finish.

Now husband got ILR.

WANT TO apply spouse visa for WIFE.

Wife in back home.
She never comes uk.

A320 RULE MEANS SPOUSE FAMILY VISA 3207B.
WILL NOT APPLY.

BUT 320 (11)(IV).
WILL APPLY.

Home office clearly say it's not enough to refuse 320 (11).

There is must be aggravating circumstances as well.



Like
Nhs fraud.
Multiply identity ETC

[Casa]

I'll leave this to someone else to respond. I've given my opinion.

[vinny]

Now circumstances changes.
I got ILR also applied neutralization.
Now I would like to apply my spouse visa on appendex FM.

A320 says 3207b does not apply spouse visa.

Possible.

[spreekhan]

Hi all
After people told me I have less chance to get visa.
I apply 1 October 2017.
Send documents 12 October 2017.
Get interview cal on mobile 18 October 2017
1and half hour regarding my jobs .

Dec 3rd week they email that my case is not straight forward they need more time.

Still did not get my original documents.
They email me they return my documents when they make decision.

21 Dec they email.
Ask my five years daughter immigration HEALTH SURCHARGE send me link.
I paid today.

Now what is next.

Now I'm in 11 week since I apply visa.

Please advice
Regards

[waitingindefinitely]

If they asked you to pay for IHS then most likely you will be getting ur visa , best of luck

[Obie]

Paying NHS surcharge does not necessarily equate to a grant of settlement, it means the application will be considered. If it is requested following a successful appeal, it will be granted.

[spreekhan]

21 dec 2017 home office email me ask my 5 year daughter IHS charge.

Since now I'm wating for decision

How long it take????

Date of application 1 October 2017.
And they did not return my original documents. Yet.

I know case refer to seniors case worker.
He has power to refuse or grant visa of 320 7b cases.

But how long I have to wait this application takes time like I logged appeal.
Very slow process

[vinny]

How long it take????

Who knows?

[spreekhan]

I call yesterday on charge line. They said application is decided. But I did not receive any email and phone cal on my spouse mobile phone in back home.

Now any idea when we get passport back.
Please update
Thankx

[Londoner007]

Decision has been made and when VFS is ready they will SMS / Call you to pick up passports. InshaAllah you get a good decision so that your family can finally be together as you have already been apart 10 years! It would especially be good for the child to have both mother and father together

[spreekhan]

Got visa.
It is BIG NEWS.
Without any solicitor I made this application

God reward me.
I'm very happy.

[spreekhan]

Got the visa
But TB medical test expired from October 2017.

Do I need again TB test.

On arrival on uk.

Any one please update.

Regards.