Spouse Uk Visa Appealed-illegal Entrant.

[sleepingpills]

Hi All,

I was refused my spouse visa of the UK on 19 Dec 08 because they didn't think that I would intend to live permenentlywith my partner and section 320 (11) as having contrive in a significate way to frustrate the intentions of the immigartion rules bu intentionally changing name, applied for a student visa and entered to UK via dublin. I have known my partner for 13 months now and lived with him in UK for 7 months before leaving to Thailand to legalize my status in Thailand on July 08. I love him dearly but my poor immigration history has stopped us. I regret very much.

After using 2 solicitors and the best solicitor we could find in UK. They are expensive and we have found the useless for my application. We decided to prepared the appeal ourself and I lodged my appeal on 8 Jan 09. I have requested a paper hearing because we have not much money left after this application.

My questions are

-we can proof in paper sof our reationship is real and will continue from emails and telephone calls since 1st month til today.

-ECO suggested my patner to be with me in Thailand but he has a 10 yr old son on UK. Human Right Article 8 should be working on this case.

-the hardest job is 320 (11) we wrote I paid tax in UK, a blood donor twice a yr in uk, i was very honest about my past to ECO. Money is not our problem to live in UK either. The most important is our relationship is real. Anyone can suggest on this pls?

Regards,

T.P.

[CharlieB]

Hi All,

I was refused my spouse visa of the UK on 19 Dec 08 because they didn't think that I would intend to live permenentlywith my partner and section 320 (11) as having contrive in a significate way to frustrate the intentions of the immigartion rules bu intentionally changing name, applied for a student visa and entered to UK via dublin. I have known my partner for 13 months now and lived with him in UK for 7 months before leaving to Thailand to legalize my status in Thailand on July 08. I love him dearly but my poor immigration history has stopped us. I regret very much.

After using 2 solicitors and the best solicitor we could find in UK. They are expensive and we have found the useless for my application. We decided to prepared the appeal ourself and I lodged my appeal on 8 Jan 09. I have requested a paper hearing because we have not much money left after this application.

My questions are

-we can proof in paper sof our reationship is real and will continue from emails and telephone calls since 1st month til today.

-ECO suggested my patner to be with me in Thailand but he has a 10 yr old son on UK. Human Right Article 8 should be working on this case.

-the hardest job is 320 (11) we wrote I paid tax in UK, a blood donor twice a yr in uk, i was very honest about my past to ECO. Money is not our problem to live in UK either. The most important is our relationship is real. Anyone can suggest on this pls?

Regards,

T.P.

The problem you have is that you intentionally lied to them in the past and the rules are that if you deliberately lie to them on a visa application, they can refuse your visa applications for up to 10 years. I don't see how you trying to prove now that you are going to abide by the rules is going to get you around the fact you lied to them to gain entry to the UK, which gives them the right to automatically refuse all your visas.

Edited January 21, 2009 by CharlieB

[7by7]

Exactly, I'm afraid that your past is catching up with you.

Article 8 does not apply. The particular country's laws can take precedence and in the case of immigration law it does.

You really need professional advice and if your previous advisor was unable to assist then find another. Davis Khan, who sponsor this forum, have a good reputation.

I wish you the best of luck.

[mariner29]

We do not get involved in appeals as i am a level1 adviser Davis Khan do contact Ralph asap.

[sleepingpills]

I did not lie to them at all. Further than that, I have submitted my immigration history file to them. I am 100% honest to my application but because of my poor history. How much does it cost me?

Ta.

[paully]

having contrive in a significate way to frustrate the intentions of the immigartion rules bu intentionally changing name

I assume this is what Charlie and 7by7 are referring to. The inclusion of the word 'intentionally' goes to the issue of your truthfulness. As stated, Davies Khan may be able to help - why don't you click the link and ask them?

Edited January 22, 2009 by paully

[CharlieB]

having contrive in a significate way to frustrate the intentions of the immigartion rules bu intentionally changing name

I assume this is what Charlie and 7by7 are referring to. The inclusion of the word 'intentionally' goes to the issue of your truthfulness. As stated, Davies Khan may be able to help - why don't you click the link and ask them?

The OPs post is not 100% clear and I'm guessing she was/is not too keen to let us know the full details. Obviously she has used some unusual methods to gain entry to the UK and has resided there illegally before deciding to return to Thailand to get a legit visa.

Sleepingpills, were you originally turned down for a visit or settlement visa and then applied for a completely different visa under a different/false name? You may think this is harsh, but if this is what happened, then they will count this as lying to them. There are now rules in place that say that if you try to deceive them when applying and they find out, they can refuse to issue you a visa for up to 10 years.

How long were you living in the UK as you say you donated blood twice a year, which implies more than one year at least? The fact you are now being honest is fine, but it's your past dishonesty that is the reason they refused your visa.

Edited January 22, 2009 by CharlieB

[sleepingpills]

I was in UK nearly 10 yrs. 1st arrived on student visa on 1999 then extended after 2 yrs visa expired on 2001 but rejected and no contact from HO. 2004 applied for unmarried visa on the top of student visa and got refused. 2005 applied for unmarried again in BKK Post and got refused. Sep 2005 changed name then applied for student visa and withdrew at interview stage then applied for tourist to Ireland for entering to UK illegal for being with my ex. 2007 met my current partner and left UK voluntary on 2008 to BKK. Dec 2008 applied for proposed civil visa and had interview. I admitted to them everything and got refused. The ECO told me that I was 100% honest to him but he had to refused me on 320 (11)

ta

[CharlieB]

I was in UK nearly 10 yrs. 1st arrived on student visa on 1999 then extended after 2 yrs visa expired on 2001 but rejected and no contact from HO. 2004 applied for unmarried visa on the top of student visa and got refused. 2005 applied for unmarried again in BKK Post and got refused. Sep 2005 changed name then applied for student visa and withdrew at interview stage then applied for tourist to Ireland for entering to UK illegal for being with my ex. 2007 met my current partner and left UK voluntary on 2008 to BKK. Dec 2008 applied for proposed civil visa and had interview. I admitted to them everything and got refused. The ECO told me that I was 100% honest to him but he had to refused me on 320 (11)

ta

Did you appeal any of the rejections you received? What was the reason given for rejecting your unmarried settlement applications in 04 and 05? Presumably you had been with your partner at that time for a length of time. When you changed your name before the student visa application, was it a legitimate change of name, or was it in deliberately to leave your past immigration problems behind i.e. was it for marriage/family reasons? If you can prove this, then it slightly weakens their rejection reason, but they still seem to have a strong case as you spent maybe 2 or 3 years in the UK without a valid visa.

As said above, Davies Khan is probably your best bet, but I have no idea of the fees charged. Although you say you are running low on funds I would advise against appealing without someone representing you as this is quite a serious rejection. As you've admitted, you've got quite a poor history and if you go it alone, you'll probably lose the appeal. Are you married to your current partner? This may be a positive thing, also having left the UK through your own choice and not being removed goes in your favour, but to be honest you really need a good immigration lawyer to help you to try and overcome this.

Good luck with your appeal.

[Eff1n2ret]

Hmm. Haven't you already been through all this here?:-

http://www.immigrationboards.com/viewtopic...ghlight=#215651

[paully]

^ Yes, she seems almost as confused on that thread, eg:

"entered to the UK illegally via Dublin (not false document)on 2005, just because to be with my partner"

then:

"In Thailand we can change me easily. It's a grey area about the name"

but also:

"I was 100% honest in an 2 hours interview"

The problem is that whilst she was honest in the latest interview, the ECO clearly does not think she was honest before. Changing the name isn't a 'grey area' if it was done for the purpose of circumventing the immigration rules, as the ECO apparently believes.

[Mossfinn]

After using 2 solicitors and the best solicitor we could find in UK.

You need to choose people that are fit for purpose, not all solicitors are up to speed on immigration matters.

they can refuse your visa applications for up to 10 years.

In this instance I am not entirely sure this is correct and someone with knowledge of immigration law can circumvent it, you need professional and relevant immigration help.

Davis Khan, who sponsor this forum, have a good reputation.

adviser Davis Khan do contact Ralph asap.

, Davies Khan may be able to help - why don't you click the link and ask them?

Davies Khan is probably your best bet,

How much does it cost me?

In the first instance a phone call. Thereafter the rates would appear to be a better value than what you have received previously.

I might also add, there is little 'value added' in searching separate forums until you might find a response that corresponds with what you want to hear, 'poor advice', is always going to be that, 'poor advice'!!

Good Luck

Moss