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Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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My sons fiance lived in this country from 2004 to 2009. She

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My sons fiance lived in this country from 2004 to 2009. She arrived from Dominica on a student visa which expired in 2006. Upon saving enough money she applied for a living with partner visa in 2009, as she was in a committed relationship with her partner, now her fiance, from 2005. The application was rejected and she decided to return to Dominica to apply from there. Unfortunately, that was rejected in June 2010 and a subsequent appeal in November 2010 (though immigration claim it was January 2011). Both applications were dealt with by post, so no Court representations have been made. Her fiance was going to be her sponsor and I was co sponsor and they would have lived with me in my house, owned outright. I have ample funds in the bank and never claimed benefits. My sons fiance arrived in the UK yesterday on a two week holiday because it is my sons birthday tomorrow. She has a return ticket and a job in Dominica. She had intended to seek legal advice about the way forward when she was here but not stay indefinitely. She has proved she can be trusted by returning home voluntarily and following the correct channels. However, the UK border agency have refused her entry under section 320 (7b) Imm Rules HC365, claiming that deception has occured. However, her interview with them was completely and totally honest with her given them the entire background to her situation so I am at loss to understand how that is perceived as deception. I understand that there is case law to suggest that previous application history cannot be held against an applicant. Is there any way her removal can be stopped so she can have her holiday with my son. Even if collatoral of some kind is provided by us family. Please help me to find a way to stop this.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 5 years ago.

Andrew :

As a fiance, by virtue of immigration rule 320 (7C) (a) (ii), rule 320 (7B) ought not to apply. If she raises art. 8 she ought to get an in-country right of appeal. Failing which, she would need to lodge an application for judicial review seeking interim relief by way of an injunction preventing her removal.

Customer:

Thank you for this. However, it looks as though she will be sent back in the morning as I cannot seem to get a solicitor to fight this while she is here. They all advise that she reapplies when she goes home. It doesn't help and is devastating, but it looks like we will have to accept it!

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