# Refused Spouse Visa on the basis of Criminal Convictions



## sahab1975 (Mar 4, 2015)

I will give you a brief on my husband:
my hubby came to this country some 14 years ago as an illegal immigrant, during that time he didnt make a plea of asylum or anything like that instead chose to graft hard and make a load of money to send back to his family in India who had taken a massive loan to send him here.

In 2008 my husband was caught driving a van, with no licence or insurance and driving whilst on a ban. For this my husband was sentenced 8 months and 4 months. He did 6 months and was released in 2009.

We met in 2012 at our local sikh temple and started dating, we moved into my flat which i own and after 6 months of living together he said lets get married. My husband has been completely honest from the start he told me his status, and the fact he had been inside.

We got married in August 2013, at that time our solicitor applied for further leave to remain which obviously was refused, after we got married we decided the best thing to do was go back to India and apply properly for a spouse visa, so in February 2014 thats exactly what we did.

I earn above the threshold, I have my own property, I had all the documentation they wanted, and our solicitor said we were in with a good chance.

First major blow on 27/3/14 we got refused, they told us:
-
EC.1.4. The exclusion of the applicant from the UK is co
nducive to the public good because
they have:
(a)
been convicted of an offence for which they have been sentenced to a period of
imprisonment of at least 4 years; or
(b)
been convicted of an offence for which they have been sentenced to a period of
imprisonment of
at least 12 months but less than 4 years, unless a period of 10 years
has passed since the end of the sentence

Anyway I tried to reason with the ECM because the rehabilitation of offenders act had changed in March 2014. But alas no they had to stick to their decision.

6 long and very agonizing months passed and finally I got a hearing at the First tier tribunal on 6/11/14 again i am armed with all my proof and my barrister.

I got the termination at the end of November, guess what another blow we didnt win the appeal but the judge wrote in his determination we should reapply as he agreed my husbands ban should have only been 5 years not 10 years as the law states "a conviction" and as my husbands ran consecutively he should get his visa. Even the presenting officer from HO was in agreement at the time.

So again I gather all my proof and on a plane back to see my beloved, we apply again, thinking yeap this time its in the bag everything is going to be ok. I hug my hubby and this time I am not sobbing like a child as i am 100% convinced yeap he is coming home. I mean who is going to question a judge's determination.

Low and behold, on the day of the funeral of a close relative, my husband calls me and guess what o yes they refused it again!!!

So I am going to appeal second time round now. I am broken beyond words.I contemplate suicide everyday. I am running 3 households, mines, mums and husband in india, i work 2 jobs and 7 days a week, i pay legal fees for nothing.

I really dont know how much more of this I can take. I will have been married 2 years and in 2 years i have seen my husband 4 times. I cant conceive and my doctor wont refer until my husband is back. I am 38 this year and just want my husband home so i can start a family and at the moment it seems like the whole world is against me being happy.

Guys i am so sorry for the war and peace, admins please feel free to delete it if you feel its inappropriate.

Does anyone know the current wait time for FT appeal hearings?
Can the ECO overwrite the decision of the judge at the FT hearing and refuse the visa again?
What do I do?


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## Joppa (Sep 7, 2009)

So sorry to hear about your difficulties.
Judge's opinion counts for nothing. Home Office can still refuse if in their view your husband's presence in UK isn't conducive to public good. He came as illegal immigrant. He was caught with serious driving offence and was sent down. The suitability grounds are a catch-all rule to refuse applications. I think the fatal mistake made was for him to return to India. You are less likely to make them reverse their decision to exclude him on suitability grounds than to fight successfully against deportation.
I can't see any way forward except for you to build a life together outside UK. But seek further legal help, as I don't know all your circumstances, and there may be a window of opportunity I'm not aware of.


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## Crawford (Jan 23, 2011)

He has had 4 refusals for a visa.

Have you considered YOU moving to India to live. You said he has made loads of money when in the UK as an illegal immigrant and sent much of it back to India.

Would it not make sense to live there?

Only other thing to do is to pay more money for a lawyer to fight your case.


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## sahab1975 (Mar 4, 2015)

Moving to India is not an option for me as I have an old, widowed mother who relies heavily on me. 

I really wish I was dead right now


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## sahab1975 (Mar 4, 2015)

How can I find out which countries will allow him in with a conviction? Maybe its better to take my hubby and mum to another country


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## jojo (Sep 20, 2007)

sahab1975 said:


> Moving to India is not an option for me as I have an old, widowed mother who relies heavily on me.
> 
> I really wish I was dead right now



The being dead option wont help anyone. You need too think clearly and positively. If your mother is in the UK, can she not move to India with you?? Wouldnt that be the most logical and easiest place for you all to be

Jo xxx


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## Joppa (Sep 7, 2009)

You may try Surinder Singh route through another EEA country, though every country has the right to exclude someone on suitability grounds (criminal conviction).


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