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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Immigration fraud, banned for 10 years, 5 years has now passed,

Resolved Question:

Immigration fraud, banned for 10 years, 5 years has now passed, can I plead for reduction/waiver for the remainder of the term? if yes, on what basis and what is the authority
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What was the nature of the fraud please? I need a bit more detail..

Tom
Customer: replied 1 year ago.

FAO Tom only


My wife had a baby in UK paid her medical bills and later brought the child to Nigeria. she then obtain a Nigeria passport for the baby to travel to UK, however on the passport she wrote that the baby's palce of birth was Lagos Nigeria.


 


she was denied entry to UK as a result of this, mainly because, the UK hospital did not give a birth certificate even after paying


 


She was banned for 10 years, although we left voluntarily which they said attract on 5 years from applying for uk visa

Expert:  Thomas replied 1 year ago.
Hi,

Are you British?

What visa would she think of applying for?

Tom
Customer: replied 1 year ago.


Neither of us is british


 


I dont know the kind of visa she would be applying for, this would depend on your lead

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

She has been issued with a ban for 10 years because the UKBA consider that in attempting to rely on a birth certificate which was in correct was a form of deception. For this they are entitled to ban for this length of time.

This means that they are entitled to refuse any application that you make. The only possibility that would have would be if you were able to instruct a solicitor based on the UK to act on the application in order to obtain a statement from your wife explaining why she entered the wrong place of birth. If it was an honest mistake then you have to make that case in her statement. Additional mitigation would also be required in the form of character references who also execute statements on her behalf confirming her good character.

I have to be honest that it will still be difficult because the UKBA would regard a child’s place of birth as not something that she would forget. If you are able to instruct a solicitor to prepare the application that you choose to make for a visa then I would say that you have a fighting chance.

I am sorry I could not have better news for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
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