Uk Settlement Visa (Rule320)

[djme247]

Hi to you all. Please I need some advice in regard to UK settlement visa. I have been living in Ireland with my British citizen wife for about three and half years, we have two kids together living with us in Ireland.

I have applied for EEA Permit to accompany my family to uk twice but twice refused on section 320, but now my wife want to return to uk as she could not find job here in Ireland due to employment situation now since 2009 when she was lied off from her previous job as Audit Assistant. My questions are:

1, Can my settlement application be refused on section 320?

2. I am a full time Creative Media student and my wife is unemployed for over a year, can I still apply for Settlement visa?

3, My wife parent has agreed we can stay with them in uk pending the time we get a place of our own, so accommodation is not problem

4, As for Maintenance We have be saving toward this for almost a year and now planing of applying for the visa in March 2011. What is the minimum amount of money for me, my wife and two kids?

5, My wife and I will look for work as soon as we arrived in uk, she was a Audit Assistant in her last job and Training Accountant before in Ireland and I will finished my Multimedia course next year before we leave Ireland so I think there should not be much problem for both of us in getting get job in UK.

Please your advice is very important to me and my family

Edited October 27, 2010 by djme247

[VisasPlus]

What were the reasons for refusal ? Can you post the refusal notices for us ?

Did you appeal the decisions ?

[Eff1n2ret]

What is your nationality? Were you applying in Dublin or elsewhere?

As VisasPlus says, it would be helpful if you could post the refusal notice(s), but if you have been refused an EEA Family Permit under Para 320, I can't see how they can make that stick, simply because the heading over the provisions of that Para states:-

"Grounds on which entry clearance or leave to enter the United Kingdom is to be refused"

An EEA Family Permit is neither an entry clearance nor leave to enter, it's simply a certificate recognising a right that EEA Family Members have in law.

But your Q1 refers to a "settlement application", so it's not quite clear what your case is about.

[ThaiVisaExpress]

Post the relevant forms so we can assist you.

[djme247]

Thank you all for your quick respond. In regard to the EEA permit I was refused on 320 (7a and 7b). an application was made for me in Nigeria in 2005 by a travel agent and stated in the application that I was married in Nigeria without my consent so when I applied here in Dublin I did not mention that in my application and the embassy thought I was trying to deceive them so the application was refused without right of appeal because they did not believe my marriage to my British wife was real.

I made application for the second time was refused for the some reason but with the right of appeal which was not given to me with the first application. I didn't appeal because all my document were still with Irish immigration tribunal as I was an Asylum seeker here and I was already bought a ticket to Nigeria for that month.

The third time I applied, I applied for visiting visa to visit my wife family in UK but also refused for the same reason but the the right of appeal. I did appeal against the decision and submitted a letter from Nigeria embassy that I was not married in Nigeria and also two Affidavit from magistrate court sworn by both my Uncle and Aunty that I was never married in Nigeria, despite all that the appeal was dismissed but the Judge stated in the determination that the embassy was not entitle to refuse my previous EEA permit under paragraph 320.

So how much do we need to prove we can support ourself financially without claiming any public found ?

Now my wife want to return to her country next year and look for a job and our first child will also start her school. I hope I have answered all the questions, please should you need more information don't hesitate to ask me as it's for my own benefit.

Thanks

Edited October 28, 2010 by djme247

[VisasPlus]

It's an interesting and complicated story, but I'm confused by some of the facts, eg. the application for, and refusal of EEA permits, etc. Your wife is British ? You have not stated your nationality, but I'm assuming that you are Nigerian if your first application was made in Nigeria ? Before I would be happy to give any guidance I would still like to see the refusal notices or the appeal determination. One of my fellow sponsors here knows far more than I do about EEA Family Permits, and I suspect he will set you right on that.

[djme247]

It's an interesting and complicated story, but I'm confused by some of the facts, eg. the application for, and refusal of EEA permits, etc. Your wife is British ? You have not stated your nationality, but I'm assuming that you are Nigerian if your first application was made in Nigeria ? Before I would be happy to give any guidance I would still like to see the refusal notices or the appeal determination. One of my fellow sponsors here knows far more than I do about EEA Family Permits, and I suspect he will set you right on that.

I have now attached the determination for you to look at but have to omit my details for a security reasons.

Thanks

Determination_0004.pdf

Determination_0005.pdf

Determination_0006.pdf

Edited October 28, 2010 by djme247

[bangkockney]

So you applied for a visit visa, not a settlement visa or EEA Family Permit. You also did not disclose your refusal in 2005.

Reference is made to your non-disclosed 320 refusal in 2005, as well as some other irregularities:

...i) failure to disclose the refusal of an earlier aplication in 2005, ii) use of a

different identity in two applications and iii) what amounted to failing to declare a

previous marriage in obtaining his marriage certificate in lreland.

Your previous refusal under 320 gave you a 10 year ban so any application for leave to enter will be refused until the ban is spent (save for some specified circumstances).

Edited October 28, 2010 by bangkockney

[VisasPlus]

As said earlier, I thought it was necessary to get some further information about your case. It is indeed complicated. It appears that you have employed deception to try to obtain a visa, you have used multiple identities to try to get to UK, you failed to disclose a marriage in Nigeria, you are a ( failed?) asylum seeker in Ireland and now you again want to go to the UK. Presumably you didn't use your real identity to enter Ireland. Neither you nor your wife have any employment. I think you may continue to have problems for some time.

Edited October 29, 2010 by VisasPlus

[7by7]

If she is his wife. What happened to the previous marriage in Nigeria?

The circumstances surrounding your case are far to complicated to be dealt with in a forum such as this. You need professional advice and assistance. The appeal determination says that you have a solicitor acting on your behalf, so I suggest that you seek their advice on how to proceed.