# Visa ban for 10 years



## sqams (Dec 22, 2014)

Dear all,

My spouse has a 10 year ban from entering the UK.

Why? Because when completing the tourist visa form, his brother mistakenly put 'no' to have you ever applied for a UK visa before. Which he had and was refused previously.

He is now married to me a british citizen, myself, upon advise of a laywer, this ban will now be bypassed.

Currently I am completeing the online application form under 'Apply to join family living permanently in the UK '- for a family of settled person visa. 

The visa type 1)reason for visit - settlement
2) Visa type - settlement
3) visa sub type - husband


When completing the application I am not sure what best way to present his refusal information - would a refusal reference to each tourist visa rejection suffice? (his major one was from uk due to false information) others to france were just simple refusal for tourist. 

How long do you intend to stay in the UK? - How have poeple answered this question - is for life with wife enough? 

Also when booking an appointment time - is it possible to change time if one cant make it, I will have to fly to Dubai, to give him my part of the paper work, Im trying with all my power to get everything done smoothly, just in case wondering if appointment times are movable?

Many thanks


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## nyclon (Apr 3, 2011)

Marrying a British citizen doesn't lift the ban. You have to appeal and you may or may not be successful in getting it lifted.


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## sqams (Dec 22, 2014)

Marriage to a UK citizen can result in a ban being overturned, if that ban was for a breach of immigration conditions, in our situtation it was, and I have seeked legal advise on the matter.

We havent yet submitted the application to appeal...

I am more anxious in getting answers to the questions above - regarding how to explain this ban in the limited space we have,


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## Crawford (Jan 23, 2011)

You husband was refused entry to the UK; he then did not disclose this refusal on his next application for entry to the UK. For this he received a 10 year ban.

Your application for a spouse visa does not automatically over-rule the ban. Your spouse application will be scrutinised, you may need to appeal the ban as a separate exercise. The ban will certainly not be "bypassed"


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## sqams (Dec 22, 2014)

I dont know what to do, people are saying different things.


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## colchar (Oct 25, 2011)

Why did he have someone else complete the form and why did he not thoroughly check it over before submitting it? He is as responsible for the mistake as the person who ticked the box.


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## sqams (Dec 22, 2014)

Life isnt always easy as that.

Guys im more after your help and advise then scrutiny.


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## Crawford (Jan 23, 2011)

sqams said:


> Life isnt always easy as that.
> 
> Guys im more after your help and advise then scrutiny.


You are already consulting a lawyer so you should follow their guidance.


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## nyclon (Apr 3, 2011)

Your main concern has to be getting the ban lifted. The rest is immaterial until then.


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## ashkevron (May 1, 2012)

colchar said:


> Why did he have someone else complete the form and why did he not thoroughly check it over before submitting it? He is as responsible for the mistake as the person who ticked the box.


Maybe cause he didn't speak good enough English? I helped a friend some years ago when she was submitting her UK visa application for a 3 month English language course and she said she finished filling in her application and just wanted me to go through it to make sure it's all OK. She basically misunderstood half of the questions! So we spent two hours correcting it all. She did get her visa but when she came back she told me she was nearly refused entry on arrival, because the border agent did not understand her and believe her she was there for the English language course - fortunately she was carrying all her documents with her so they were able to verify it. 

Anyway, she said, having to deal with basic things like the border, finding how to get around and similar helped her English improve more than the actual course she took  Her English is still not great but one thing that I think worked for her is that after she came back from the UK, she did not hesitate to try and use it to the best of her ability. So, she was happy to try and speak with my husband on her own, whereas before she just asked me to translate everything.

But I think not having the visa form in people's native language is making things difficult for many who do not speak good enough English so they have to either pay someone to do it for them (and that doesn't always work very well either, there was someone in Russia who had a problem with an agency if I remember it well from this forum) or ask friends and family for help. That friend of mine, I still don't think she'd be able to fill in the application form correctly on her own even now.


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## colchar (Oct 25, 2011)

ashkevron said:


> Maybe cause he didn't speak good enough English? I helped a friend some years ago when she was submitting her UK visa application for a 3 month English language course and she said she finished filling in her application and just wanted me to go through it to make sure it's all OK. She basically misunderstood half of the questions! So we spent two hours correcting it all. She did get her visa but when she came back she told me she was nearly refused entry on arrival, because the border agent did not understand her and believe her she was there for the English language course - fortunately she was carrying all her documents with her so they were able to verify it.
> 
> Anyway, she said, having to deal with basic things like the border, finding how to get around and similar helped her English improve more than the actual course she took  Her English is still not great but one thing that I think worked for her is that after she came back from the UK, she did not hesitate to try and use it to the best of her ability. So, she was happy to try and speak with my husband on her own, whereas before she just asked me to translate everything.
> 
> But I think not having the visa form in people's native language is making things difficult for many who do not speak good enough English so they have to either pay someone to do it for them (and that doesn't always work very well either, there was someone in Russia who had a problem with an agency if I remember it well from this forum) or ask friends and family for help. That friend of mine, I still don't think she'd be able to fill in the application form correctly on her own even now.




Well if the brother filled it out and checked the wrong box his English skills couldn't have been very good either!

Basic English skills should be a requirement for entry into the country. I would never emigrate somewhere without having learbed how to communicate in the appropriate language.


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## ashkevron (May 1, 2012)

colchar said:


> Well if the brother filled it out and checked the wrong box his English skills couldn't have been very good either!
> 
> Basic English skills should be a requirement for entry into the country. I would never emigrate somewhere without having learbed how to communicate in the appropriate language.


Basic English skills should be a requirement for entry into a country? Really? Just the UK or any country? So, I can just forget about going to Egypt you think because I don't speak Arabic? Or did you think people should be required to speak English to enter any country, for example Russia? Yeah, everything must be in English there. 

He was not trying to emigrate at the time, he was trying to obtain a tourist visa. Look at the posts a bit before you try and criticise people for something they haven't done. Tourist visa applications for the UK are in English. Or are you saying all prospective tourists to the UK should speak English well enough to fill in the tourist visa application themselves? Maybe just wave good bye to all the Chinese tourists then? 

Whereas he is at fault for submitting wrong information for the _*tourist *_visa application, I do have some sympathy for people who struggle to fill in those applications because they don't understand the language well enough.


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## Water Dragon (Jun 28, 2011)

sqams said:


> Marriage to a UK citizen can result in a ban being overturned, if that ban was for a breach of immigration conditions, in our situtation it was, and I have seeked legal advise on the matter.
> 
> We havent yet submitted the application to appeal...
> 
> I am more anxious in getting answers to the questions above - regarding how to explain this ban in the limited space we have,


It is quite possible that your attorney doesn't know the correct information. Many people have spent a lot of time and money consulting law offices that don't advise them correctly and then they are refused visas so not only waste all that money, they continue to have a black mark on their immigration record.

I have never read of anyone getting their 10 year ban lifted.


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## ashkevron (May 1, 2012)

Water Dragon said:


> It is quite possible that your attorney doesn't know the correct information. Many people have spent a lot of time and money consulting law offices that don't advise them correctly and then they are refused visas so not only waste all that money, they continue to have a black mark on their immigration record.
> 
> I have never read of anyone getting their 10 year ban lifted.


You haven't looked on Google much then *shrugs*. I don't think I can post links here but people in very similar situations have had their visas issued with the ban being revoked by the embassy. I don't know how bans work and yes, you do need to get yourself a lawyer (someone good who knows what they are doing) and yes, it is difficult but in that situation, there isn't much you can do and approaching it with a negative attitude won't really help.


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## _shel (Mar 2, 2014)

The 10 year ban is never lifted and despite it being stated that spouses wont be rejected if they meet all other requirements because of a ban they instead reject due to suitability. Same outcome = different words used. 

Do a few searches on here and you will find many rejected and non granted where the spouse has received a ban.


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## ashkevron (May 1, 2012)

_shel said:


> The 10 year ban is never lifted and despite it being stated that spouses wont be rejected if they meet all other requirements because of a ban they instead reject due to suitability. Same outcome = different words used.
> 
> Do a few searches on here and you will find many rejected and non granted where the spouse has received a ban.


I agree, but it's not a completely lost cause and some do manage to get their spouse visas despite the bans, especially where initial bans were not for overstaying or for clear intention to deceive but more for sheer ignorance, which seems to be the case here.

I am not saying that everyone gets the spouse visa in that situation or even that majority get it, but some do. What is important and what I think to some degree answers the OP's question, is to be fully upfront about the previous refusal and the ban. And of course, it is important to get a good immigration lawyer who is not there to just take your money but to actually provide the service they are being paid for and increase the chances of successful application.


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## _shel (Mar 2, 2014)

No never a lost cause, always apply assuming you can afford to take the risk and take time to make a good application. Though be 100% sure you otherwise meet the requirements, relationship and financial and be upfront, explanatory and apologetic about past errors. I feel if you can show it is not reasonable that you could both settle elsewhere it would be looked on more favourably. That would be dependent kids, significant ties & responsibilities in the UK, good secure employment, language, cultural or visa issues in staying in partners country etc.


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