Vee170

Any advice would be so welcome.
My partner stupidly lied on a previous visit visa application to come and see me. Lots of people told him that if he doesnt show good reasons that he will return home afterwards that he would be refused. An immigration lawyer in Lagos also told him this so he lied and said that he was married with a child!
We are now married, but his spouse visa was refused as they don't believe we have been together since 2012.
We are appealing but can he be banned due to previous conduct?
He has never been banned they simply do not believe that we have been together so long due to him saying on Visit visa that he was married. We have provided hundreds of photos and whatsapp etc . They presumed he was married but never said anything about why there was no divorce certificate shown. In our appeal, can they now ban him as he previously lied? My solicitor said that spouse visa is different and negates the previous visit applications. I have visited him several times and we have met up in Goa. I want to be completely honest before the judge and have evidence of my husbands batchelor certificate that he needed to do before we married. Please, what do you think our chances of success are? Sorry cant post letter now as not home until the wknd. Thank you –

christmasoompa

Hi, welcome to BE.

I'm going to move your post in to a thread of it's own, as you've posted on the 'chat' thread, which isn't really the place for questions.

I'm sure our forum pros will be able to help. You mention Lagos, is your husband from Nigeria?

Good luck.

Vee170

Thank you!

Sorry, I dont really know what Im doing on here.

How will I find the post please?

Yes he's from Nigeria.

Thx V

spouse of scouse

The attached seems to state that the use of deception in a previous visa application will result in mandatory refusal for entry clearance, unless the offence occurred more than 10 years previously
https://assets.publishing.service.gov.uk

az2014

Deception = 10 year ban from entering UK.

It happened to someone I knew.

BritInParis

So he lied on a visitor visa application which was granted but his spouse application has now been refused? Which section of the Immigration Rules was quoted in your husband's refusal?

Vee170

But they are allowing us to appeal?
They didnt know about the deception, they presumed that he was married before.
I said that everything had to be above board but they obviously didnt even read our application properly.
WE are appealing but I dont know if they can now use this against us as surely it is new information?

Vee170

No his visitor visas were refused anyway. So we then got married in 2015 and had one spouse visa refused

Vee170

That we dont satisfy the relationship requirements as they dont believe we have been togther for the time that we say

spouse of scouse

I'm just trying to get the situation straight.

When he applied for his visitor visa he said he was married with a child. The details he provided for spouse and child were false. That visa was refused, reason/s unknown.

He then married you and applied for a spouse visa, presumably correctly providing your details as his spouse. That visa was refused as some of the evidence he provided of yours and his relationship relates to the period he has previously claimed he was married to someone else, leading the ECO to believe that some of the information he's supplied in his spouse visa application was false.

He's appealing that refusal with the explanation that he wasn't really married to someone else during that period, even though he'd claimed in his visitor visa application that he was.

I'm not an immigration solicitor. But the fact that your husband's deception wasn't picked up at the time his visitor visa was processed wouldn't seem to be a justification for an appeal. It's only new information because he's only now admitting the deception. It's only my opinion, but appealing a decision based on the fact that the case officer was relying on information previously provided, information that your husband is now admitting was false, doesn't seem to be a recipe for success.

Vee170

Thank u so much for you reply. I know its a complete mess. No, we told the whole truth when we applied for the spouse visa, including a letter from our solicitor stating that he had never been married before. Unfortunately, our solicitor advised us not to draw too much attention to what had happened before and didnt use my husbands letter of apology. So the application wasnt read properly and they refused as they dont believe that we have been together since 2012.
Im just praying that a compassionate judge will be lenient as WE HAVE been together since 2012.