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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been banned because an agent used a false

Customer Question

I have been banned for 10yrs because an agent used a false document for me..now am engaged to a british citizen and we have a child together who will be 1yr old by july this year..and we expecting another child soon. what do i do i want to move with my husband..am based in nigeria
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Does your fiance earn more than £18600 per annum from employment?
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom
Customer: replied 2 years ago.
Yes he does work nd earn that...thanks
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I assume that the children will born in the Uk and entitled to UK citizenship.
If you are engaged then you would have to apply for a fiance visa or a spouse visa. However, the bank is very problematic.
Although once they accept that you are in a genuine relationship and will actually marry your UK fiance then you have an Article 8 right to a family and private life. This ultimately can get around the ban but it’s still not easy and in most cases you have to appeal an initial rejection from the home office.
So, if you are to apply then your fiance should instruct a UK based immigration solicitor to act on your behalf.
I would also start gathering what documentary evidence that you can to show that it was an agent that made and submitted the false documents. Although the agent submitted it you are still regarded as being responsible for it, but you may find you get a little sympathy if you are able to show that the agent did it.
There are two ways of doing it. You can apply for a fiance visa so that you can travel to the UK for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.
Alternatively, You can either marry in your home country and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa::-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles
You will also have to pass an Englsh Language test:-
https://www.gov.uk/join-family-in-uk/knowledge-of-english
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
You will need to apply for fiance/spouses visa using form VAF4.
Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.
You can find local solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
But will i get my visa...and how long does the process take
Expert:  Thomas replied 2 years ago.
Hi,
If you instruct a solcitor then you have a 50:50 chance when you submit your application. It will take around 8-16 weeks for them to decide the application.
If the application is rejected then you will have to appeal. Your chances would be better than 50:50 if you had a solicitor/barrister acting for you but it could take up to 6 months from the date the application is rejected.
Tom
Customer: replied 2 years ago.
Thanks for your response i appreciate..but can you introduce any barrister to me? I need to start soon
Expert:  Thomas replied 2 years ago.
Hi,
I cannot give recommendations under the conditions of this site.
Your fiance should use the law society find a solicitor search engine and attempt to get a free initial consultation and go with the one she feels most comfortable with.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 2 years ago.
Yes. Thanks
Expert:  Thomas replied 2 years ago.
Please do rate my answer if you are happy.
Tom