I am not really sure if it all ends with the yrs of ban,in some cases after d ban the ECO wud just go back to the general grounds of refusal i.e on balance of probabilities,I am not satisfied that u intend to leave the uk after ur visit.

oyibo its their turn to pay back lol lol na dem go tire ooooo for hungary they do retrive resident permit after you get divorce hehehehe but 9ja still they survive am we too much

hi all i'm very new, i hv gone thru all advice n stuff bt ws woundering if u can help me wit this one.

i'm a nigerian married to a british citizen bt i hd overstayed my visiting visa by 5 year after expiry, i started going out with my wife nw n we decided to gt married knowing tht i had overstayed i decided to come bk to nigeria n gt married to gt my status right, we did tht n submitted the first application bt it ws refused because i did nt tk the english test n i filled a wrong date on wen i left the uk( this wsnt intensional the form wsnt clear) so we applied again using a lawyer and this time i took the exam n passed it (very well) bt nw they r calling me for an interview. shud i be worried.

let me say this;

i obtained my first uk visa from india, my step mum ws a deplomat(tht mk me a deplomat too), we lived in india for three years (my step mum my dad my step brother myself). my dad brought me to uk wen i ws 18year n told me he ws cming bk for me he had the return ticket bt he didnt cm bk i guess my step mum got to him. i them stay in uk living off friends, church, n girlfriend.bt later move in wit my uncle in london wher i met my wif n we decided to gt married. me n my wife keep a very good comunication level( we talk like evry second somtimes we wud sleep n wake n d fone will still be on lol) her bankstatement looks very gud n even after refusal she still cm bk to africa to spend time wit me so we submitt the second application together. the lawyer said it shud be striaght forward bt i dnt knw why i'm been call for interview. i rlly wnt to knw if i'm gonna gt a BAN, wt to expect at the interview.

pls i need help

You will only get ban inf you have lied on your documents
or if you have sumitted fake papers for your claim.
Only you and GOD know this.
Unless your lawer is doing runs for you.
If you are honest & truthfull you will not get ban.

cn i pls get a better reply pls. i dnt knw wat runs this dude is talkin abt. thanx

ikennab:

hi all i'm very new, i hv gone thru all advice n stuff bt ws woundering if u can help me wit this one.

i'm a nigerian married to a british citizen bt i hd overstayed my visiting visa by 5 year after expiry, i started going out with my wife nw n we decided to gt married knowing tht i had overstayed i decided to come bk to nigeria n gt married to gt my status right, we did tht n submitted the first application bt it ws refused because i did nt tk the english test n i filled a wrong date on wen i left the uk( this wsnt intensional the form wsnt clear) so we applied again using a lawyer and this time i took the exam n passed it (very well) bt nw they r calling me for an interview. shud i be worried.

let me say this;

i obtained my first uk visa from india, my step mum ws a deplomat(tht mk me a deplomat too), we lived in india for three years (my step mum my dad my step brother myself). my dad brought me to uk wen i ws 18year n told me he ws cming bk for me he had the return ticket bt he didnt cm bk i guess my step mum got to him. i them stay in uk living off friends, church, n girlfriend.bt later move in wit my uncle in london wher i met my wif n we decided to gt married. me n my wife keep a very good comunication level( we talk like evry second somtimes we wud sleep n wake n d fone will still be on lol) her bankstatement looks very gud n even after refusal she still cm bk to africa to spend time wit me so we submitt the second application together. the lawyer said it shud be striaght forward bt i dnt knw why i'm been call for interview. i rlly wnt to knw if i'm gonna gt a BAN, wt to expect at the interview.

pls i need help

You have no reason to worry. You have done the right thing by coming back to Nigeria to apply. Just ensure that you answer all the questions you are asked truthfully. Bear in mind that most of the questions would be centered around verifying the genuiness of your marriage/relationship with your spouse and your immigration history. Just to add that you are not going to get banned as this does not apply to the category of visa you are applying for. Would check up the exact rule and post it here

As promised earlier, find below the rule that exempts you from being banned.

320 (7B)
In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:,
, subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

    (a) Overstaying;

    (b) breaching a condition attached to his leave;

    (c) being an Illegal Entrant;

    (d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not),

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

    (i) a spouse, civil partner or unmarried or same-sex partner under
    paragraphs 281 or 295A,

    (ii) a fiancé(e) or proposed civil partner under paragraph 290,

    (iii) a parent, grandparent or other dependent relative under paragraph 317,

    (iv) a person exercising rights of access to a child under paragraph 246, or

    (v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or

(b) where the individual was under the age of 18 at the time of his most recent breach of the UK's immigration laws.

thanx so much. my lawyer will be calling me from the uk tommorow n i printed out more of our conversations on skype, phone bills record after she left, her up to date bank statement, our ticket of our trip to ghana after we submitted d application money gram forms(showing contiune money suport. hotel reciepts. bt the probem is i jt hv to tell them y i overstayed bt it will jt be my word against their cos i didnt work or do any false document to work in the uk n that is the whole truth ws supported by my exgirlfrriend, church n finally my uncle n my wife nw. thanx for ur support x

ikennab:

hi all i'm very new, i hv gone thru all advice n stuff bt ws woundering if u can help me wit this one.

i'm a nigerian married to a british citizen bt i hd overstayed my visiting visa by 5 year after expiry, i started going out with my wife nw n we decided to gt married knowing tht i had overstayed i decided to come bk to nigeria n gt married to gt my status right, we did tht n submitted the first application bt it ws refused because i did nt tk the english test n i filled a wrong date on wen i left the uk( this wsnt intensional the form wsnt clear) so we applied again using a lawyer and this time i took the exam n passed it (very well) bt nw they r calling me for an interview. shud i be worried.

let me say this;

i obtained my first uk visa from india, my step mum ws a deplomat(tht mk me a deplomat too), we lived in india for three years (my step mum my dad my step brother myself). my dad brought me to uk wen i ws 18year n told me he ws cming bk for me he had the return ticket bt he didnt cm bk i guess my step mum got to him. i them stay in uk living off friends, church, n girlfriend.bt later move in wit my uncle in london wher i met my wif n we decided to gt married. me n my wife keep a very good comunication level( we talk like evry second somtimes we wud sleep n wake n d fone will still be on lol) her bankstatement looks very gud n even after refusal she still cm bk to africa to spend time wit me so we submitt the second application together. the lawyer said it shud be striaght forward bt i dnt knw why i'm been call for interview. i rlly wnt to knw if i'm gonna gt a BAN, wt to expect at the interview.

pls i need help

If your story as posted is factual, then you have nothing to worry about. You do not fall for overstayer under Part 9 (i) 320 7(b) of the immigration rules as someone already spelt out.

Your interview is mainly to iron out any suspicion of false marriage and they will ask you questions about your wife, relationship history and abit of your own UK immigration history.

When ask questions, give them honest answers and be consistent. If you are not sure, just say so. When in doubt, tell the ECO you will furnish him/her with the 'exact' information so they could hold accurate data about you.

You will be fine! Best of luck.

thanx gys! thanx alot!! i went for d interview with all ur prayers, wishes n advice n i ws granted my visa n nw i'm wit my wife in d uk (did not waste anytime at all ) n everyone is very happy. thanx every one.

thanx gys! thanx alot!! i went for d interview with all ur prayers, wishes n advice n i ws granted my visa n nw i'm wit my wife in d uk (did not waste anytime at all ) n everyone is very happy. thanx every one.

ikennab:

thanx gys! thanx alot!! i went for d interview with all your prayers, wishes n advice n i ws granted my visa n nw i'm wit my wife in d uk (did not waste anytime at all ) n everyone is very happy. thanx every one.

Nice to hear and wish you all the best.

Can you also do others favour by posting details about the nature of questions you were asked and/or what "magic" your immigration did, as this might be of help to others.

hie people pliz help me with my predicament, i applied 4 a settlement visa a few months back and unfortunately my husbands bank statement was fake and they refused. we then reapplied again with the correct bank statement and i got a refusal under320b .we have since appealed the 2nd refusal and awaiting their response. my question is has anyone been in similar predicament and what was the result on appeal or does anyone have more information how my case will be handled .many thanks any advice is wellcome

lingani:

hie people pliz help me with my predicament, i applied 4 a settlement visa a few months back and unfortunately my husbands bank statement was fake and they refused. we then reapplied again with the correct bank statement and i got a refusal under320b .we have since appealed the 2nd refusal and awaiting their response. my question is has anyone been in similar predicament and what was the result on appeal or does anyone have more information how my case will be handled .many thanks any advice is wellcome

On what ground did you pple appeal the refusal? I mean. . .what was the reason given for using fake bank statement?

my husband who is british apologised honestly basically stating that he thought they would want to see a lot of money .we also mentioned 7c in the appeal grounds what do u think,is there possibility of success. i pray so

lingani:

my husband who is british apologised honestly basically stating that he thought they would want to see a lot of money .we also mentioned 7c in the appeal grounds what do u think,is there possibility of success. i pray so

Paragraph (7C) should play a part but have u or ur hubby breached immigration rule before?

no i have never been to uk and he has never breached uk laws

lingani:

no i have never been to uk and he has never breached uk laws

Ok, u just have to wait for the out come, hopefully (7C) will be considered, though appeal takes time, sometimes up to 4months or more.

hie thanks 4 ur help so far just wanted to ask have u or anyone ever been thru more or less this situation and when u say hopefully is there a possibility that the appeal may fail. thanks in advance 4 ur assistance

@lingani
I doubt if you would win that appeal, i really really doubt that,

why ,what are ur reasons 4 thinking so

@ Dantecmu wanted to know your reasons based on immigration rules , i mean do u know someone who was in a similar issue and whats your comment on 320 7 c because so far all the professionals i have spoken to so far seem to believe that they will award me the visa eventually thats why am asking.thanks

lingani:

hie thanks 4 your help so far just wanted to ask have u or anyone ever been thru more or less this situation and when u say hopefully is there a possibility that the appeal may fail. thanks in advance 4 your assistance

Read this UKBA internal guide for ECO who consider applications overseas.

http://www.ukvisas.gov.uk/en/ecg/refusals/immigrationoffender#21404124

Was it a UK based/owned Bank statement that was deemed as fake or a Nigerian bank statement?

You failed to clarify if the new refusal was engaged by your previous 320(7b) or is it a new refusal? If my guess is correct that your new refusal under 320(7b) was engaged by your previous one and you have spent close to a year then chances of your appeal suceeding on 'compassionate grounds' are high - Interesting how recent UT decisions are worded these days especially on issues such as yours.

However cases like this I have come across do succeed if neither party to the application unknowingly submitted documents that the UKBA deemed as not genuine.



@ justwise, isn't 7C engaged ONLY when the ban was in force before the couple became married?

Omo_Tier1:

Read this UKBA internal guide for ECO who consider applications overseas.

http://www.ukvisas.gov.uk/en/ecg/refusals/immigrationoffender#21404124

Was it a UK based/owned Bank statement that was deemed as fake or a Nigerian bank statement?

You failed to clarify if the new refusal was engaged by your previous 320(7b) or is it a new refusal? If my guess is correct that your new refusal under 320(7b) was engaged by your previous one and you have spent close to a year then chances of your appeal suceeding on 'compassionate grounds' are high - Interesting how recent UT decisions are worded these days especially on issues such as yours.

However cases like this I have come across do succeed if neither party to the application unknowingly submitted documents that the UKBA deemed as not genuine.


@ justwise, isn't 7C engaged ONLY when the ban was in force before the couple became married?

i think the hubby 'knowingly' submitted the fake bank statement according to the Op and he apologized for it

it was a uk based bank statement and the refusal under 320b was on the current application based on the previous deception i e the previous application had a fault @Omo-Tier1 do u know anywere where i can find information that 7c is applied only if error occured before the marriage would like to research more thanks

lingani:

it was a uk based bank statement and the refusal under 320b was on the current application based on the previous deception i e the previous application had a fault @Omo-Tier1 do u know anywere where i can find information that 7c is applied only if error occured before the marriage would like to research more thanks

If you read that link I posted, albeit its a UKBA document, or better if you read the immigration rules directly, you will notice that the 'spirit' of that section of the immigration rules is as though forgiven of past sin in the light of your new life with a partner (- I MAY BE WRONG).
On the face of the rules themselves, it would appear your appeal will succeed, but I rest may hope that the possibility of the appeal succeeding hangs on this;

whether your previous breach -by using fake documents- is seen by the AIT judge as an attempt by you, your partner and/or both "to have contrived IN A SIGNIFICANT WAY to frustrate the purpose and intention of the immigration rules itself and Section 7C in particular" SORRY I SOUND LIKE A POD! Also, the immigration status of your partner will play a big role in this.

Your situation falls into one of those silent points not covered by the immigration rules itself whether delibrately or not is a matter to be decided by the courts or the SSHD.

thanks 4 ur reply will keep u posted of the outcome, but from my little knowledge so far from what i understand for them to use 320 11 there needs to be aggravating factors and in this situation there arent any ,as i stated earlier that i have never been to the uk .my lawyer in the uk seems i will eventually be granted on appeal ,he states that on case law previous does not matter with timeframe nor category .have been refered to a lady from ghana who apparently went thru more or less the same predicament and has actually been given her visa 3months ago.
no need to apologise u have helped me. be blessed and will let u pple know the outcome.

lingani:

thanks 4 your reply will keep u posted of the outcome, but from my little knowledge so far from what i understand for them to use 320 11 there needs to be aggravating factors and in this situation there arent any ,as i stated earlier that i have never been to the uk .my lawyer in the uk seems i will eventually be granted on appeal ,he states that on case law previous does not matter with timeframe nor category .have been refered to a lady from ghana who apparently went thru more or less the same predicament and has actually been given her visa 3months ago.
no need to apologise u have helped me. be blessed and will let u pple know the outcome.

The part in bold is what I tried to imply in my last post.
But did your Lawyer tell you of any case law as per 320(7b) and (7c) in light of couples who fell foul of that section pf the rules?

Any how, do come back and let us know how it all went. I sincerely wish you well and I pray you succeed in your appeal. AIT judges are kinda open and considerate especially when a British citizen is involved.

yes he did the lady i was refering to is married to a british as well ,her only difference is that her personal bank statement was the one that was fake apparently her husband did not spend more than 10mins in the court, apparently as much as he condoned the fact that a false doc was used he ruled in their favour quoting 7c and article 8 ,so i pray mine goes well as well.

lingani:

yes he did the lady i was refering to is married to a british as well ,her only difference is that her personal bank statement was the one that was fake apparently her husband did not spend more than 10mins in the court, apparently as much as he condoned the fact that a false doc was used he ruled in their favour quoting 7c and article 8 ,so i pray mine goes well as well.

Great, in that sense, there is a legal precedence you lawyer can rest his appeal on.
Again, I recall you said neither you nor your husband have breached the immigration rules in the past, so obviously that will work in your favour.

While I wholeheartedly wish you success in your appeal, please let us take this unpleasant experience, use it as a guide to persuade and encourage ourselves and others on the need to thoroughly vet the information and documents we use in visas processing so as to avoid being victims of the unintended consequences of document manipulations.

ok

I m in UK from June 2009 on Tier 1 Visa
My girl friend applied for Tier 1 Visa in July 2009 with the help of agent who used fake bank statement with the balance.
She got rejected under 320 (7A) becuase of the deception.

I went to India in Feb 2010, got married to her.
She Applied for Spouse of Tier 1 Visa in May 2010 and they rejected her under 320 (7b) with 10 years ban till 2019
I appealed against the decision, trying to explain court that My wife wasnt aware about fake bank statement.
First - Tier Tribunal judge denied and rejected the appeal
Went to upper tribunal , they denied .
I wanted to appeal to Court of Appeal , but they sent me a letter that I dont have anymore right of appeal.

I will be getting my Indefinately Leave to remain in April 2014,

Can my wife apply for the visa after I get my ILTR ? and what are the possibilities of her getting the visa .

I would really appreciate a geniun answer as I need to make decision of my life now.

Thanks