# spouse settlement visa refused :(



## nasima83 (Aug 29, 2015)

Hi Joppa my husbands visa got refused today because he stayed in the UK illegally for few years before and they suspect our relationship isnt genuine.We did mention in the application that he entered the UK and had left voluntarily and he was remorseful.we provided all necessary documents.including his travel document which he made to go back.I met him in 2009 after he went back and our relationship is genuine and subsisting.how long does a review take?and is it best to appeal from here in UK or Bangladesh.Does all original documents need to be submitted again if i appeal? Thankyou


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## Joppa (Sep 7, 2009)

Using a non-genuine passport is a very serious offence and amounts to deception, and you could have been refused on that point alone on the suitability grounds. You can appeal, but the facts are staring in your face - you could have got 10-year ban. I don't rate your success very highly at all. Your relationship may be genuine as you state, but you have been labelled a liar and they are unlikely to believe anything you say.
Whose passport did you use?


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## clever-octopus (May 17, 2015)

It's very unlikely that any review will end in your favour. The ECO had legitimate grounds to refuse your application, or to ban your husband from the UK for ten years. Though you were refused a visa, you were actually quite lucky that the latter didn't occur. I would prepare to move to a tertiary country or to Bangladesh.

Edit: missed Joppa's response, sorry


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## Babu007 (Aug 29, 2015)

I do understand your point of view.but they didn't deport me and didn't bann me when i came.and i accepted and stated that how did i go,so if i don't review then if i make another application they would do the same again.so does it mean i should never apply and stay alone here and we should disconnect from eachother??thats same as keeping people away from their loved ones.

So what can we do?we need a guideline and help from you.


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## Babu007 (Aug 29, 2015)

There are many people going with cargo,by border,by sea and many other ways.

I was on a trouble and people tried to kidnap or kill me that time at 2005 and i had to try to save my life and someone said he can take me uk and i had no other option.and that guy was a terrorist,2006 he got caught by rapid action battalion and they encountered him.so i came back when i saw there is no risk now.

You can fall in love with anyone at any stage and any age,we did and got married.people doesn't need to see who they love,how they look and how old.love is something comes suddenly without control.

That's why they said its not genuine.all i wana ask you is a good suggestion which we expect to get from you but not from solisitors.you are very skilled and we imagine you as guardian and feel safe with you.thats all.


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## clever-octopus (May 17, 2015)

But none of us work for UKVI nor do we have any influence therein. Joppa's advice and insight is probably the closest you will ever get when it comes to what you can expect from UKVI, but he's not in charge of reviewing your case. While you may get sympathy from members here regarding your situation, it doesn't help your application to argue or appeal to us here. You seem to have an understanding of why your application was refused; unfortunately you can't go back in time and undo your husband's illegal stay. That's significant, and no matter how many times you apply or appeal, it can always be used as a factor to reject your visa application. It may also be used as a reason to ban him from the UK altogether. Remember that UKVI is charged with securing the UK's borders, not keeping your relationship alive. 

In the course of issuing a visa refusal, they need to look at whether or not it is violating your human rights to do so, but this would be an extreme measure. They consider that you could move to Bangladesh or elsewhere to be with your husband, and have often cited this in visa refusals.


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## nasima83 (Aug 29, 2015)

shall we appeal or if we reapply it maybe the same decision again?how long does appeals take?we can try i guess


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## Joppa (Sep 7, 2009)

I think in OP's case that UKVI is most unlikely to change their decision unless you can produce fresh evidence which will change the whole situation, and I don't know what that could be. I suggest you start making plans to continue your relationship away from UK.


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## Babu007 (Aug 29, 2015)

Reasons they can refuse me(c).and unless (iii) they can't i guess.


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## Babu007 (Aug 29, 2015)

E-ecp 2.6 & 2.10

We applied as spouse,didn't apply as same sex or unmarried partner so do we have to show 2years prior relation that they have refused us under 2.6??


We intend to live together and i want to live there permanently thats why i applied as a spouse.so are they right for shoeing 2.10?


We have relationship thats why diidn't let everyone know and invite incase my wifes family might would stop her or force her to marry someone else but they are ok now.we didn't wana be apart far from eachother thats why after her divorce instantly we got married.she visited snd stayed with me twice in six months time.and we are continuously talking on whatsapp facebook.can we show that?


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## clever-octopus (May 17, 2015)

What evidence did you show of your relationship? You should have provided a marriage certificate (with translation if not in English), proof of frequent communication throughout your relationship, photos together, proof you've visited one another.


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## nasima83 (Aug 29, 2015)

We showed marriage certificate in both languages.my travel documents when i visited him.pics of us together communication logs spread out over the years.regarding our relationship it was refused under e-ecp 2.6 and 2.10.


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## HatakeSage (Feb 4, 2015)

Hey I know this wont help, but just to like, get an idea of it. Its good you included those things, I am not sure why they wouldn't think you were genuine.

How many pictures did you send? I included only 12. They were taken between 2013-2015.
All had descriptions too. How did you do your communication logs?
For example, mine were 10 pages of skype over the 4 years, and a page of facebook comments/statuses, etc., making a total of 11 communication pages.


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## Babu007 (Aug 29, 2015)

Hi joppa.please show me a way.don't want to be depressed,can't sleep since refusal.we can show (v).so do you think these may work??


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## Babu007 (Aug 29, 2015)

Please read 3 screenshots i have posted.i was illegal it would be problem if i was applying as a visitor,but i applied as spouse visa so is that a problem??? Or they are trying us if our relation is genuine?if we apply fresh then they may find other errors.so is it better to review??

They didn't give back appendix 2 and biometric application.is it normal??


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## nic2uk2015 (Oct 4, 2015)

How can you expect to be allowed in after you illegally entered the uk and stayed illegally? Whatever your excuse, you broke the law! I've been waiting years to enter the uk and have been living apart from my husband for 3 years, spending a lot of money to visit one another while preparing financially for me to apply for the spouse visa. We followed all the rules and have played by the book. And they could still refuse my visa for some minor paperwork issues. And here you think you should be allowed in when you've clearly broken the rules? I think you will not be allowed in to the UK, and rightly so. The ECO made the right decision. You should not have broken the law!


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## salix (Apr 27, 2014)

Babu007 said:


> Please read 3 screenshots i have posted.i was illegal it would be problem if i was applying as a visitor,but i applied as spouse visa so is that a problem??? Or they are trying us if our relation is genuine?if we apply fresh then they may find other errors.so is it better to review??
> 
> They didn't give back appendix 2 and biometric application.is it normal??


Entering illegally as a visitor isn't just ignored when you are now applying as a spouse. It will permanently taint your immigration history and will affect you for many years to come, if not permanently.

Yes, it's always possible that if you reapply they could find new problems with your application. But generally if you submit information in the same way, with just fixing your problem areas, you would be okay. Unfortunately you're focusing on the problem area being lack of relationship evidence. A big part of your problem is your prior illegal stay. That is just a fact of your history and can't be changed. A new application would be quicker as an appeal can take a long time. However you are still saddled with your history.

It's normal that they kept your appendix 2 and biometric application. They keep your application, it now belongs to them. Your original documentation should have been returned as long as you provided copies to them.


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## nic2uk2015 (Oct 4, 2015)

Good luck getting to the uk.


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## clever-octopus (May 17, 2015)

I feel like it's probably not worth responding anymore, but you are arguing that UKVI has no right to deny your application based solely on your illegal entry/overstay... I'm sure they are aware of their own rules; they are being clever and rather than disqualifying you on that basis alone, they are using your previous dishonesty as a means to discredit the truthfulness of the rest of your application. 

You would have an easier time getting to ANY other EU country, but if you really must proceed with reapplying or an appeal, you should really get legal counsel.


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## WestCoastCanadianGirl (Mar 17, 2012)

The overstay may not be a big issue (I think it is and I think that the Home Office is well within its right to refuse as it sees fit), but _the use of a passport that was "... *not genuinely issued to you*..."_ will still likely be held against you.

As Joppa has stated in his first post in this thread, the UKVI have labelled the applicant as a liar because of the use of the fake passport and as such they are unlikely to believe anything that the applicant says in any sort of appeal. 

I also agree that the applicant is lucky that they didn't receive a 10 year ban right off the top.


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## Babu007 (Aug 29, 2015)

I told all my story to joppa,and joppa adviced me to be honest and be remorseful,and now joppa is telling me to plan my family somewhere else.

When i told all my story to the application,i could hide that but i didn't.stil they didn't think of it.they would ban me if i was deported and used their money to come back.now i applied for settlement visa ,not a visit visa that i can go and hide and work.

Anyway i have seen a lot of people got refused under that rule and then got visa again.i might be just unlucky 1.

>snip<


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