# Can 10years ban be lifted by spouse visa?



## Philo12 (May 15, 2018)

Hi asking for a family friend. Can a 10years ban entry clearance for deception(providing false bank statements and false representation) be lifted by spouse visa application. Can he still be refused for previous deception if I found he comes clean in new application and meets spouse visa requirements? Can he still be refused spouse visa application under section 320(11c) for frustrating the intentions of immigration rules or exaggerating circumstances in previous application. He didn't come to the country so not sure if that will be exaggerating circumstance because didn't use NHS or cheat the system


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## clever-octopus (May 17, 2015)

It's possible; I believe normal recommended procedure is to put a request in writing that the ban be lifted. The request would be sent to the office which issued the ban, and include admittance/remorse of any wrongdoing and a statement that they plan to apply for a spouse visa via the normal channels with authentic documents.

It could be also that the visa might be issued without a prior request to lift the ban, but any decision is at the ECO's discretion - Using falsified documents is a grave offence and even when the ban expires, such a history could still have detrimental effects on future applications when the applicant has shown themselves to be a deceptive person.


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## Philo12 (May 15, 2018)

clever-octopus said:


> It's possible; I believe normal recommended procedure is to put a request in writing that the ban be lifted. The request would be sent to the office which issued the ban, and include admittance/remorse of any wrongdoing and a statement that they plan to apply for a spouse visa via the normal channels with authentic documents.
> 
> It could be also that the visa might be issued without a prior request to lift the ban, but any decision is at the ECO's discretion - Using falsified documents is a grave offence and even when the ban expires, such a history could still have detrimental effects on future applications when the applicant has shown themselves to be a deceptive person.


You mean to make the request to be lifted few months or weeks to the application or to include the request with the spouse application form?


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## clever-octopus (May 17, 2015)

It's recommended to make the request before applying for the spouse visa


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## Philo12 (May 15, 2018)

clever-octopus said:


> It's recommended to make the request before applying for the spouse visa


Alright thanks Clever


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## Philo12 (May 15, 2018)

*Spouse vis approved after use of deception in previous visit visa?*

Hi everyone asking on behalf of a family friend. Has anyone who used deception in previous visit application where he was denied entry to uk and banned for 10years for deception successfully applied for spouse visa recently and have been approved. I know it's only deception used in previous application that attracts mandatory refusal even if it's a spouse visa. I'm I right? Does A320 apply to previous deception where the applicant didn't even enter uk?


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## Tee2008 (Dec 11, 2015)

It doesn't seem that anyone wants to, or is able to, answer your question. I'll have a go.

If there is a 10 year ban, then the application was refused under paragraph 320(7B). Any future visit applications would be refused, with only very limited exceptions. However, and I quote from the guidance to decision-makers :

"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."

The application could still be refused under paragraph 320(11), basically that the applicant is trying to frustrate the intentions of the immigration rules, but in order to do so the decision-maker must demonstrate that there were also "aggravating circumstances" as well as deception used in the previous application(s). There is no all-encompassing list for "aggravating circumstances" but they include :

absconding;
not complying with temporary admission / temporary reporting conditions / bail conditions;
not complying with reporting restrictions;
failing to comply with removal directions (RDs) after port refusal of leave to enter (RLE);
failing to comply with RDs after illegal entry;
previous working in breach on visitor conditions within short time of arrive in the UK (that is, pre-meditated intention to work);
previous recourse to NHS treatment when not entitled;
previous receipt of benefits (income, housing, child, incapacity or otherwise) or NASS benefits when not entitled;
using an assumed identity or multiple identities;
previous use of a different identity or multiple identities for deceptive reasons;
vexatious attempts to prevent removal from the UK, for example, feigning illness;
active attempt to frustrate arrest or detention by UK Visas and Immigration or police;
a sham marriage / marriage of convenience / polygamous marriage in the UK;
harbouring an immigration offender;
facilitation / people smuggling;
escaping from UK Visas and Immigration detention;
switching of nationality;
vexatious or frivolous applications;
not complying with re-documentation process.
All cases must be considered on their merits, the activities considered in the round to see whether they meet the threshold under paragraph 320 (11), taking into account family life in the UK and, in the case of children, the level of responsibility for the breach.

Good luck. Don't rely on my answer above, but it is certainly pointing you in the right direction.


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## Philo12 (May 15, 2018)

Tee2008 said:


> It doesn't seem that anyone wants to, or is able to, answer your question. I'll have a go.
> 
> If there is a 10 year ban, then the application was refused under paragraph 320(7B). Any future visit applications would be refused, with only very limited exceptions. However, and I quote from the guidance to decision-makers :
> 
> ...


Thanks so much for the response. This is so helpful. In my family members case there was no exgaeraying circumstance since he 
Didn't even gain entrance to uk. He only used false bank statement. Will that on it own be a mandatory refusal even without exaggerating circumstance ?


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## Tee2008 (Dec 11, 2015)

It should not be a mandatory refusal in a spouse settlement visa application, as it falls for consideration under paragraph A320. In theory, the right to family life takes priority. Similarly, an ECO could try to refuse the application under paragraph 320(19) on "character, conduct and associations". The guidance on 320(19) includes this :

"Paragraphs 320(19) and S-EC.1.5. provide for a discretionary refusal of entry clearance on account of a person’s conduct, character or associations. ECOs must be aware that there maybe more than one factor which would lead to the application being refused on character, conduct or associations grounds. While a person does not necessarily need to have been convicted of a criminal offence, the key to establishing refusal in this category will be the existence of reliable evidence necessary to support the decision that the person’s behaviour calls into question their character and/or conduct and/or associations such that it makes it undesirable to grant them entry clearance.

A non-exhaustive list could include:

Low-level criminal activity. Association with known criminals. Involvement with gangs. Pending prosecutions. Extradition requests. public order risks. Prescribed organisations. Unacceptable behaviours. Subject to a travel ban. War crimes. Article 1F of the refugee convention. Deliberate debiting. Proceeds of crime and finances of questionable origins. Corruption. Relations between the UK and elsewhere. Assisting in the invasion of the immigration control. Hiring illegal workers. Engaging in deceitful or dishonest dealings with Her Majesty’s Government."

Again, the right to family life must be considered by the ECO, and refusal under 320(19) is usually reserved for serious acts (not to say that forging bank statements to obtain a visa isn't serious !). Refusal under 320(19) must be authorised by a senior officer. It's not a decision to be taken by an ECO alone.

Personally, and it will depend on the circumstances of the previous deception, if you can present a good application, explaining why deception was used, and be suitably contrite, you should be okay, but there is no guarantee, of course.


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## Philo12 (May 15, 2018)

Tee2008 said:


> It should not be a mandatory refusal in a spouse settlement visa application, as it falls for consideration under paragraph A320. In theory, the right to family life takes priority. Similarly, an ECO could try to refuse the application under paragraph 320(19) on "character, conduct and associations". The guidance on 320(19) includes this :
> 
> "Paragraphs 320(19) and S-EC.1.5. provide for a discretionary refusal of entry clearance on account of a person’s conduct, character or associations. ECOs must be aware that there maybe more than one factor which would lead to the application being refused on character, conduct or associations grounds. While a person does not necessarily need to have been convicted of a criminal offence, the key to establishing refusal in this category will be the existence of reliable evidence necessary to support the decision that the person’s behaviour calls into question their character and/or conduct and/or associations such that it makes it undesirable to grant them entry clearance.
> 
> ...


I'm very grateful Tee for this thorough information.


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