Thanks for your question.
The only traditional application they would be able to make would be for asylum. Obviously though it would have to be a credible claim backed up by documentary evidence and the deception would weight heavily against them to the extent that the UKBA would be suspicious from the start.
A discretionary application outside the traditional forms of visa could conceivably be a possibility if it were argued that they should be permitted to stay on human rights grounds (eg. to provide care and assistance for a spouse or child with leave to remain, ILR etc).
The reality is the deception is taken very seriously indeed by the UKBA and would likely affect any application made I'm afraid,.
Sorry it could not be better news. if this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.
Thank you for the prompt answer,Tom.
You mentioned a discretionary application; would the fact that this person was HIV positive matter if they made such an application? They also have a british child. They are from S.A.
But like mentioned earlier, the previous visa was cancelled because they did not mention that they had a child(working-holidaymaker). so they went back to SA,got married to a british citizen,but both their initial application and appeal for spouse visa were turned down.
Then they came in illegally and have lived here for over two years.
It would not prejudice your application but given that South Africa is relatively well developed in terms of HIV treatment it would not be advantageous either.
You would need a solicitor either way. This would be a case where a discretionary application is a possible route, but you should also take your previous applications to them with all supporting documentation to ask if they consider it is worth attempting a further application for a spouses visa arguing Article 8 Rights in the same way you would in a discretionary application.
Thanks for your accept.
It depends on the nature of the deception. You need specific advice on that, this is not the forum for it.
It's possible though but you'll probably meet resistance from the UKBA and have to incur costs of appeal.
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