Spousal Visa Appeal

[kingsleyade]

My wife's spousal visa application to join me the husband here in the uk was refused because she failed to disclose a material fact of having being to the UK in 1998 where she applied for Assylum and was refused. She did not disclose this in her application form and also at the interview. She was not deported with public funds, she was released and allowed to leave the UK at her own expense. She left the UK in September 1998 for Ghana. This was discovered through her fingerprint results at the time of the interview. She had never discussed this issue with me before the interview. She said she feared I might change my mind about the relashionship if i knew. Please advise me. I have a very good job in the UK and I was able to satisfy all other requirements. I met her last year may and we got married in May 2008. She was given an appeal, but is there a way I can appeal against this decision? Please advise.

[7by7]

She will have been given details of how to appeal with the refusal notice.

However, for an appeal to succeed she will need to show that the refusal decision was wrong.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years. So if she did not disclose her previous sojurn in the UK and the circumstances of her leaving she effectively lied on the application.

Therefore it seems that the refusal was correct and any appeal is bound to fail.

That is my opinion as a layman. You really need professional advice on this either from a solicitor specialising in immigration law or an OISC registered advisor.

[CharlieB]

She will have been given details of how to appeal with the refusal notice.

However, for an appeal to succeed she will need to show that the refusal decision was wrong.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years. So if she did not disclose her previous sojurn in the UK and the circumstances of her leaving she effectively lied on the application.

Therefore it seems that the refusal was correct and any appeal is bound to fail.

That is my opinion as a layman. You really need professional advice on this either from a solicitor specialising in immigration law or an OISC registered advisor.

Lying on a visa application these days also results in a 10 year ban on further visa applications. Looks like your wife's dishonesty with yourself and the UK visa people will cost you both dearly. Did she never mention travelling to the UK before to you? Sounds like you two need to sit down and talk. The thing is, if she had been honest and put this down, it probably wouldn't have gone against you if you have a strong case otherwise, because it was so long ago and she did leave the UK when she was refused.

[kingsleyade]

She will have been given details of how to appeal with the refusal notice.

However, for an appeal to succeed she will need to show that the refusal decision was wrong.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years. So if she did not disclose her previous sojurn in the UK and the circumstances of her leaving she effectively lied on the application.

Therefore it seems that the refusal was correct and any appeal is bound to fail.

That is my opinion as a layman. You really need professional advice on this either from a solicitor specialising in immigration law or an OISC registered advisor.

Lying on a visa application these days also results in a 10 year ban on further visa applications. Looks like your wife's dishonesty with yourself and the UK visa people will cost you both dearly. Did she never mention travelling to the UK before to you? Sounds like you two need to sit down and talk. The thing is, if she had been honest and put this down, it probably wouldn't have gone against you if you have a strong case otherwise, because it was so long ago and she did leave the UK when she was refused.

[kingsleyade]

She will have been given details of how to appeal with the refusal notice.

However, for an appeal to succeed she will need to show that the refusal decision was wrong.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years. So if she did not disclose her previous sojurn in the UK and the circumstances of her leaving she effectively lied on the application.

Therefore it seems that the refusal was correct and any appeal is bound to fail.

That is my opinion as a layman. You really need professional advice on this either from a solicitor specialising in immigration law or an OISC registered advisor.

Lying on a visa application these days also results in a 10 year ban on further visa applications. Looks like your wife's dishonesty with yourself and the UK visa people will cost you both dearly. Did she never mention travelling to the UK before to you? Sounds like you two need to sit down and talk. The thing is, if she had been honest and put this down, it probably wouldn't have gone against you if you have a strong case otherwise, because it was so long ago and she did leave the UK when she was refused.

Thanks Charlie B for your comment. Would it be of any help to re-apply with the real details? I read from a from another online appeal forum that it is possible to apply to the Data protection unit of the UKBA in Croydon for details of what they have on their records about her to enable her make a fresh application. Do you think this could help?

[CharlieB]

She will have been given details of how to appeal with the refusal notice.

However, for an appeal to succeed she will need to show that the refusal decision was wrong.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years. So if she did not disclose her previous sojurn in the UK and the circumstances of her leaving she effectively lied on the application.

Therefore it seems that the refusal was correct and any appeal is bound to fail.

That is my opinion as a layman. You really need professional advice on this either from a solicitor specialising in immigration law or an OISC registered advisor.

Lying on a visa application these days also results in a 10 year ban on further visa applications. Looks like your wife's dishonesty with yourself and the UK visa people will cost you both dearly. Did she never mention travelling to the UK before to you? Sounds like you two need to sit down and talk. The thing is, if she had been honest and put this down, it probably wouldn't have gone against you if you have a strong case otherwise, because it was so long ago and she did leave the UK when she was refused.

Thanks Charlie B for your comment. Would it be of any help to re-apply with the real details? I read from a from another online appeal forum that it is possible to apply to the Data protection unit of the UKBA in Croydon for details of what they have on their records about her to enable her make a fresh application. Do you think this could help?

As stated by 7by7, I think you need to engage a professional with experience of immigration law to help you get your wife into the UK now. BTW the ban is UP TO 10 years, so it's not an automatic 10 year ban, but you need to find out where you stand in respect of re-applying, ie has this refusal and the exclusion of some facts penalised you for future applications. I'm not sure whether you would be going down a blind alley appealing, when it's fairly cut and dried that your wife chose not to disclose facts that they already knew about her past immigration history. The is a forum member 'the scouser', who works for Davies Khan, who you might like to get in contact with as he has a much better knowledge abotu this kind of thing and would be better able to advise you on where to go now.

[dr_Pat_Pong]

She will have been given details of how to appeal with the refusal notice.

However, for an appeal to succeed she will need to show that the refusal decision was wrong.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years. So if she did not disclose her previous sojurn in the UK and the circumstances of her leaving she effectively lied on the application.

Therefore it seems that the refusal was correct and any appeal is bound to fail.

That is my opinion as a layman. You really need professional advice on this either from a solicitor specialising in immigration law or an OISC registered advisor.

Lying on a visa application these days also results in a 10 year ban on further visa applications. Looks like your wife's dishonesty with yourself and the UK visa people will cost you both dearly. Did she never mention travelling to the UK before to you? Sounds like you two need to sit down and talk. The thing is, if she had been honest and put this down, it probably wouldn't have gone against you if you have a strong case otherwise, because it was so long ago and she did leave the UK when she was refused.

Thanks Charlie B for your comment. Would it be of any help to re-apply with the real details? I read from a from another online appeal forum that it is possible to apply to the Data protection unit of the UKBA in Croydon for details of what they have on their records about her to enable her make a fresh application. Do you think this could help?

As stated by 7by7, I think you need to engage a professional with experience of immigration law to help you get your wife into the UK now. BTW the ban is UP TO 10 years, so it's not an automatic 10 year ban, but you need to find out where you stand in respect of re-applying, ie has this refusal and the exclusion of some facts penalised you for future applications. I'm not sure whether you would be going down a blind alley appealing, when it's fairly cut and dried that your wife chose not to disclose facts that they already knew about her past immigration history. The is a forum member 'the scouser', who works for Davies Khan, who you might like to get in contact with as he has a much better knowledge abotu this kind of thing and would be better able to advise you on where to go now.

Sound advice

[ubonjoe]

She left the UK in September 1998 for Ghana.

Section 5 of the application form asks about previous foriegn travel, especially to the UK, in the last 10 years.

The above looks like 10 years ago to me. What month/year did she travel to the UK. If this is the only part that they are getting her on it might be enough to win an appeal. It could be considered a simple mistake.

I am not an expert but its something to consider.

Also don't be hard on her. People often do want to put bad times behind them and start anew. It can go as far as actually being unable to remember it. After all ten years is a long time.

Edited September 30, 2008 by ubonjoe

[Eff1n2ret]

Whether or not the application form was submitted within 10 years of the asylum claim/refusal may not be the whole story. The applicant was also interviewed, and if the ECO asked her whether she had EVER been to the UK or EVER applied to stay there and she said no, she hasn't got much of a case. Her failure to come clean then, particularly combined with her failure to confide in her partner, put her on very shaky ground.

You need to get hold of a copy of her interview notes to see exactly what was said. As regards applying again, if they've already hit her with a ban for deception (which may be included in the refusal wording), this would be a waste of time and money.

You do need to seek professional advice about this, and make sure you lodge your appeal within the time limit.

[kingsleyade]

Many thanks to Ubonjoe and Eff1n2ret for your contributions. Many immigration specialists I consulted via the internet have insisted that appeal is the only way forward. But my great concern now is that how do we go about explaining in the appeal application what was responsible for her denying having being to the UK earlier at the interview? Could there be any reasonable excuse for this? Though, she told me she was trying to put the bad experience behind her and that she felt if I knew that part of her past, I might change my mind. Could anyone please help with suggestions? Could 'the scouser' please advise?

[the scouser]

The Scouser can only advise in relation to the law.

The Scouser is also cognisant of the fact that most Nigerians are "christians" and lie. The Scouser as an individual would not trust a Nigerian as far as one could throw him/her.

Scouse.

[dr_Pat_Pong]

The Scouser can only advise in relation to the law.

The Scouser is also cognisant of the fact that most Nigerians are "christians" and lie. The Scouser as an individual would not trust a Nigerian as far as one could throw him/her.

Scouse.

[simro]

My wife's spousal visa application to join me the husband here in the uk was refused because she failed to disclose a material fact of having being to the UK in 1998 where she applied for Assylum and was refused. She did not disclose this in her application form and also at the interview. She was not deported with public funds, she was released and allowed to leave the UK at her own expense. She left the UK in September 1998 for Ghana. This was discovered through her fingerprint results at the time of the interview. She had never discussed this issue with me before the interview. She said she feared I might change my mind about the relashionship if i knew. Please advise me. I have a very good job in the UK and I was able to satisfy all other requirements. I met her last year may and we got married in May 2008. She was given an appeal, but is there a way I can appeal against this decision? Please advise.

Kingsleyade,

Why appeal! do as you said and put another application in with the correct details, I have this advice from an Immigration Barrister here in Australia, "you only fight the fight you can win"

[7by7]

An appeal will only consider whether the refusal was correct, based upon the information the visa officer had at the time!

From what you have said, this refusal was correct as she lied on the application form and at her interview.

Therefore any appeal is bound to fail.

The only way forward is for her to apply again, explaining why she lied in her first application. Whether this will succeed depends on what she was actually asked at the interview. She can explain the 'mistake' on the application form by saying she thought her previous UK entry was more than 10 years ago, but if at her interview she was asked if she had ever applied to or been to the UK before and replied "No" then she really has no hope.