# Spouse visa refused



## LL1975 (Nov 19, 2012)

Unfortunately my wife’s visa has been declined, and the reason came as something as a shock to me – and I am not sure what we can do.

To give you the background on this my wife entered the UK in the summer of 2003 and remained in the UK until the end of 2004 – thus overstaying by around a year based on the six month visitor allowance. This I knew about in full (it was during 2004 that I met my future wife) and we addressed the 'overstay' in the application.

What I didn’t know about was this – she entered the UK at that time on a FALSE passport, which she apparently did to make her seem younger so that she was eligible for some sort of work visa. This passport was removed from her at the point of entry into the UK but she was still given clearance to enter the UK (not sure how that works) and told she must report to some office. She didn’t do this, but instead reported to the SA Embassy and got travel documents in her real identity, and then effectively stayed on holiday for 18 months. Part of the reason she came to the UK was to ‘run away’ from a loveless and abusive arranged marriage.

Her application to join me in the UK has thus been rejected due to her lack of “suitability”. She will scan and send me the refusal letter in due course.

Do you think there is anything we can do with this? Or is there no hope at all, and we have to look at living in another country?


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## chad1017 (Nov 22, 2011)

I think u need to get a professional lawyer bcos this is kind of a complicated case.


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## Joppa (Sep 7, 2009)

LL1975 said:


> Unfortunately my wife’s visa has been declined, and the reason came as something as a shock to me – and I am not sure what we can do.
> 
> To give you the background on this my wife entered the UK in the summer of 2003 and remained in the UK until the end of 2004 – thus overstaying by around a year based on the six month visitor allowance. This I knew about in full (it was during 2004 that I met my future wife) and we addressed the 'overstay' in the application.
> 
> ...


There are three issues here. First about deception using a false passport for personal gain - to get a job. Secondly about overstay on tourist leave. Thirdly about abusive relationship. 
Deception usually carries 10-year ban from entering or getting another visa for UK.
Overstay within 28 days is normally ignored, but 12 months is serious and normally means deportation or bans from entry.
There is a mitigating circumstance of abusive relationship, but you need to document it and go through appeal. 

All in all, beyond the competence of most of us and you need professional legal advice.


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## LL1975 (Nov 19, 2012)

Thanks guys - I am so furious with my wife inside, although I have been calm and supportive with her when speaking to her as I can't help but love her.

Had she admitted the false passport and addressed the reason for it in her application would it have been viewed more favourably (i.e. is the non-disclosure of it in the application the 'real' crime in the application)?


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## Joppa (Sep 7, 2009)

LL1975 said:


> Thanks guys - I am so furious with my wife inside, although I have been calm and supportive with her when speaking to her as I can't help but love her.
> 
> Had she admitted the false passport and addressed the reason for it in her application would it have been viewed more favourably (i.e. is the non-disclosure of it in the application the 'real' crime in the application)?


Possibly but her 'crime' was a biggie and in any case would almost certainly have led to a refusal. Now with this record (non-disclosure) it will be very, very difficult to get any kind of visa to come to UK, and it will be very many years before they will even look at another visa application.
And do not try to cheat the UKBA again by submitting a new passport in a new name, for example, as they can easily match her biometric records to access her history.


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## LL1975 (Nov 19, 2012)

Cheers Joppa. I am as straight as they come when it comes to the law, so I will not be attempting to do anything to cheat the UKBA - I wouldn't dare!

There has been a slight development though. My wife now has sent me the refusal notice, and the supporting letter regarding it that she included with her application.

The refusal notice can be quoted as such:

*ECOs Reasons for refusal*
_Home office records indicate that you were encountered in the UK in 2003
You had made an application to remain in the UK for an indefinite period
You gave your identity as Xxxxx XXXXXX 000000 ZAF 
You have not declared this identity in this visa application.
You have failed to declare informition that is pertinent to your application and your
previous immigration history
I therefore refuse application_

However in my wife's letter she did state the following:

_"As you are aware I have breached an immigration law in 2003/2004. I , Xxxxxx Xxxxxx lD
0000000000 would like to take this opportunity to apologise to the UK Government for
breaching the immigration law. I entered the UK with an incorrect identity and
overstayed from 2003/2004.

At the time of travelling, I made a weak decision to use a false identity and overstay. I
was unfortunatety in a loveless marriage at the time and thought that if I left the marital
home it woutd make the situation better for both parties. I entered the UK in 2003 and
stayed until 2004.

I am deeply sorry for the error of judgment. My decision was-undertaken due to
emotional reasons rather that of an economic reason. I found comfort in the friendships I
forged with new friends in the UK especially that of the man who has now become my
husband, Xxxxxxxx Xxxxxxxx.

I departed the UK in December 2004 votuntarily at my own cost with no intervention from
any immigration authorities. I later returned to the UK in 2007 and I did not breach any
UK immigration laws and returning to South Africa well within the timeframe.

I hope this acts as evidence that I am not a concern in immigration terms and that you can
see with all my other travels in the world I have acted appropriately and within the laws
of the country. lDespite this I hope factors surrounding the overstay incident and other
immigration history can be seen in a favourable light.

I sincerely and wholeheartedly apologise for the misdemeanour and hope you can find it
appropriate to forgive me."_

So she did actually state that she had used a false identity to enter the UK in 2003 - but didn't actually state what that identity was (due to passage of time she had forgotten the details).

Maybe a glimmer of hope given that she did address it despite the ECO's assertion, but I guess that is for a professional to judge.


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## Joppa (Sep 7, 2009)

Not enough. She should have spelt out in full, over several pages, the full details of circumstances, reasons and acknowledgement of adverse travel history. Clearly what the Home Office holds as her record amounted to a lot more than what she has declared. Get all the previous paperwork out and go through with fined toothed comb. Read carefully any letters from UKBA attached setting out details of the offence, identification of rules being broken and action taken, and answer each in detail. 
This is really beyond the scope of most visa applicants and should be entrusted to an experienced immigration advisor.
But as I have said, damage is done and I don't hold much hope of success.


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## gkt (May 10, 2010)

> There has been a slight development though. My wife now has sent me the refusal notice, and the supporting letter regarding it that she included with her application.
> 
> The refusal notice can be quoted as such:
> 
> ...


_


Hello LL1975, this is sad news indeed, i think like others have mentioned, you need legal advise, but you really have to be careful who you ask to help with the case, some lawyers will say they will certainly handle the case even when they know they won't, but they are some that are pretty good and know what they are doing and can really help, so you need to be very careful, best bet is to appeal, because if you choose to re-apply , it will be practically impossible to convince the embassy otherwise, and lastly, did the ECO quote immigration law 320 (7B)?
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/rfl3207b-flowchart.pdf

So, maybe some hope that she mentioned her immigration history in a cover letter, you have to appeal ASAP... with professional help._


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## 2farapart (Aug 18, 2011)

I'm so sorry to hear this. I logged in specifically remembering you saying your wife was collecting her reply today. Yes, go get some professional help and the very best of luck to you both.


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## LL1975 (Nov 19, 2012)

Thanks guys. Have sought out an experienced solicitor to have the case considered.

Anyone have any experiences with MediVisas?


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## gkt (May 10, 2010)

LL1975 said:


> Thanks guys. Have sought out an experienced solicitor to have the case considered.
> 
> Anyone have any experiences with MediVisas?



LL1975, i have sent you a pm....


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## luvchinb (Sep 17, 2013)

Actually my wife has the similar situation with yours, can we discuss in private about which professional u had seek for help?


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