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Category: UK Immigration Law
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Experience:  Solicitor
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Hi, I want to ask a question regarding refusal under 32(7A).

Customer Question

Hi,

I want to ask a question regarding refusal under 32(7A). My fiancé applied for a student visa about 2yrs ago, his visa got rejected under this rule and they have said any future applications may also be refused for the same reason under paragraph 320 (7B) off immigration rules.
We will soon be applying for a marriage visa which will be made from pakistan. I just want to know will this refusal affect our application for marriage visa?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  GSenmartin replied 2 years ago.
Hello. To which country will he be immigrating to?
Customer: replied 2 years ago.
Hi,
He will be coming to the UK
Expert:  GSenmartin replied 2 years ago.
Ok. I need to transfer your question to the UK immigration law forum as your question ended up in the U.S. immigration forum. Sorry about that. Thank you for your patience.
Customer: replied 2 years ago.
Thanks
Expert:  GSenmartin replied 2 years ago.
No problem. Good luck.
Customer: replied 2 years ago.
Hi, my question still has not been answered.

Expert:  Senior Partner replied 2 years ago.
Thank you for your question. I am sorry you had to wait for a reply but the question got posted in the wrong forum. An application for a spouse or fiancé visa cannot be rejected under s320 (a) or (a). this is expressly provided for under the immigration rules so provided you satisfy the fiance visa requirements the previous refusal will make no difference.
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thats fine thanks for replying. So if we apply for a spouse visa this wont make any difference? Will they not bring out the old case that got refused and take much longer for processing time. This means that if we apply for spouse visa the 320 (7a) will not affect this case at all.
Expert:  Senior Partner replied 2 years ago.
That is correct there is an express provision in the rules that says 320 does not apply to applications for spouse or fiancé visas so it cannot be taken into account.
Customer: replied 2 years ago.
Could you please tell me the full requirements for applying for spouse visa.
Expert:  Senior Partner replied 2 years ago.
your best bet is to read the current requirements on the UKBA website see here:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/


Your partner will have to apply from pakistan

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