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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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My friend was refused a uk spouse visa and is appealing the

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My friend was refused a uk spouse visa and is appealing the decision. She was refused because she failed to inform the embassy she had previously applied for a uk visit visa 11years ago. My friend had totally forgotten about this. Do we have a case if we appeal the case
Hi,

Did she instruct a solicitor to prepare the application?

When does her notice to appeal time limit expire?

It seems highly unlikely that a person would forget that they were previously refused a visa. What is her explanation for this please?

Kind regards,

Tom
Customer: replied 3 years ago.

No she didn't take a solicitor to assist in her first application. she received the notification of refusal only yesterday. She was first refused a visit visa in 2002, and she totally forgot to tick yes on the application form. Please can you advise if it is necessary to make an appeal or if she should make a fresh application.

Hi

Thanks for your patience.

Effectively the UKBA have suggested that she has been deceptive in not disclosing the refusal. I would say that she would be better off attempting to appeal now with a view to disputing that this was a deception and instead attempting to assert that it was simply a case of honest mistake.

If she were to simply submit a new application then it may suggest that she was not minded to dispute the implied allegation of deception.

Deception is serious.

In order for a tribunal judge to accept that it was a case of honest mistake they will have to probably accept that either she understood the question and did not remember the refusal (unlikely) or perhaps that she did not understand the question being asked and was confused but answered anyway in error (possibly).

In the case of the second of these two the fact that she did not have legal advice is helpful because they would have explained it to her. If the person is not used to administrative duties like form filling and replying to questions then this would also be helpful.

I would say that it would be worth appealing simply to defend the potential suspicion of deception and, if that fails, she can always submit a fresh application.

She really would be best advised to instruct a UK based immigration solicitor to act on appeal for her with a barrister as well.


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Kind regards,


Tom
Customer: replied 3 years ago.

thank you very much for your answer. I am going to search for uk barristers.

Hi,

No problem.

Please rate my answer though.

Tom
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