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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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if you have been refused on your past history but married to

Resolved Question:

if you have been refused on your past history but married to a british lady,where do you stand on getting a visa to work in the uk?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

You say your application was refused - was this an application for a workers visa under the points based system?

 

Have you applied for a Spouses visa?

 

Tom

Customer: replied 3 years ago.
ithink it was jjust avisa to work in the uk not a spouse visa ,not totally sure as this was done via a solicitor ,beacon solicitors in ilford essex.
Expert:  Thomas replied 3 years ago.

When you received your refusal did your solicitor say that you had a right to appeal the decision to an immigration tribunal?

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
well we could no longer afford the solicitor ,so we went to our local mps office mr bob walters and asked advice and alady called diana mogg said even though the solicitor said we would have to go to court to write back and explain the points that they are refusing us on , as at first it was the fact of my two marriages and my history but since they have excepted the marriages and concentrated on the deportation to which iam awaiting a reply but the next step is court as i was not given appeal but mps office told us to go for referal to the solicitors horror.
Expert:  Thomas replied 3 years ago.

Right. Do you know if you are eligible for legal aid?

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
my wife is a hairdresser and is on low wages and she supports me would that make me eligable asi have no leave to remain although they have not asked me to leave officially yet1
Expert:  Thomas replied 3 years ago.

Okay.


Firstly, you should call the Law Society tomorrow and ask for firms in your area that have a legal aid certificate for immigration matters:-

 

  • General enquiries line
    +44 (0) 20 7242 1222
  •  

    They will be able to tell you if you are eligible for legal aid and will be able to offer a more authoritative opinion based on your specific document ion of your opinion.

     

    You have to check that you have applied for a spouses visa and not a workers visa. If you have not applied for a spouses visa then you should do.


    If you have applied for a spouses visa and it has been refused then you will probably need to appeal it. You will get a fairer hearing on appeal than you would simply from the UKBA.

     

    The issue, it seems to me, is that the UKBA are not convinced of your credibility because of you immigration history. If this is the case then you will have to argue against this suspicious on appeal and you will need an solicitor to do this best for you. THey will know what evidence to produce to counter the UKBA's reasons for refusal and possibly argue Article 8 Human RIghts Act )(right to a family and private life.. Hopefully a judge will be sympathetic and take your side.


    Your position now is very unclear and you need to take specific advice on your case

     

    If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


    Kind regards.

     

    Tom

    Thomas, Lawyer
    Category: UK Law
    Satisfied Customers: 6391
    Experience: BA (Hons), PgDip, Practising Solicitor
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