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I was given a 10 year re-entry ban in 2012 for incorrectly completing an extension application, accused of fraudulently applying. At the time I didn't appeal and I returned to Turkey to live.

Last year, in 2016, I met my current partner and together we had a baby. The baby is 4 months old and is a British citizen. My partner gave birth in Turkey so I could be with her for the birth as I could not travel to the UK.

We are not married. My partner is divorced and I am still married, although we have been separated for 9 years.

I would really like to visit the UK for several weeks to see our baby daughter and meet the rest of my partner's family.

Is there any way of reducing this ban, now that I have a child who is a British citizen? What if my partner or her parents sponsored my visit? Or do I still need to wait the full 10 years?

[Added clarification per Bilal S comment]

I was on a visitors visa valid for 6 months. I wanted to extend my visa and change it so i had permission to work. My work visa application was declined and I appealed as some reasons they gave were incorrect. Whist appealing my visitors visa expired but I was allowed to stay as I had proof my appeal was in process. When I appealed I did it myself and I misunderstood the question have you been refused before: I understood that question to mean prior to the refusal im appealing and I ticked no. According to the authorities this was a fraudulent answer, I left the uk on an expired visitors visa.

  • What type of visa were you extending, when you received the ban? – Giorgio Dec 11 '17 at 14:38
  • I was on a visitors visa valid for 6 months. I wanted to extend my visa and change it so i had permission to work. My work visa application was declined and I appealed as some reasons they gave were incorrect. Whist appealing my visitors visa expired but I was allowed to stay as I had proof my appeal was in process. When I appealed I did it myself and I misunderstood the question have you been refused before: I understood that question to mean prior to the refusal im appealing and I ticked no. According to the authorities this was a fraudulent answer, I left the uk on an expired visitors visa. – Bilal S Dec 11 '17 at 18:31
  • Thank you; I've added this to your question, as it can help provide you with a cogent reponse. And should you still have paperwork/documents from the refusal and can scan and upload (with your info redacted), that would be useful. If not, no worries. – Giorgio Dec 11 '17 at 19:56
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You do have rights as a parent and the child has the right to maintain relationships with his/her father (and there is a visa category especially for this).

You applied for a Tier 2 from within the UK, when you were there as a visitor. You might have been successful had you chosen to apply for an extension to your visitor visa. Making an application in an entirely different category almost invariably invites a negative decision, as you discovered. From that point, your credibility was damaged, and became difficult to repair in its own right. Your subsequent request, the appeal, made matters even worse, as the fraud clause was invoked and you were banned for 10 years.

The family settlement route would not be available as an option: you are married, albeit separated. That the mother is able to travel to your location, as she did for your child’s birth, would not be supportive of a request by you to enter the UK and to lift your current ban.

You have significant obstacles to overcome, best addressed in consultation with those well-versed in immigration law, particularly in complex cases such as yours.

Here are some resources to get you started:

  • both you and the child’s mother are married to others: Actually, it appears from the question that the mother is divorced and not currently married to anyone. – Nate Eldredge Dec 12 '17 at 15:33
  • @NateEldredge you're absolutely correct; fixed; ty. – Giorgio Dec 12 '17 at 16:10
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You should have taken up the issue with the authorities back in 2012 telling them that this was not intentionally dishonest and that you had misunderstood what they were asking. A reasonable person could never have concluded you were trying to hide a previous refusal by apparent non-disclosure when you were appealing against that same refusal. It would be Wednesbury unreasonable and would never stand in any UK legal forum. It's too late for that now. You should now consult a lawyer who will help you contest the finding of dishonesty in your next application.

If that fails and you really must go the UK, you have the option of applying for a settlement visa. Bans do not apply to family settlement applications.

  • Thank you both for your answers I will look at the links provided and look into the cost of a lawyer. I should have taken it further in 2012 but at the time I was frustrated and annoyed with myself and with the system. It wasn't essential for me to be in the UK then so I left it. I regret that now. I will still be able to see my daughter if her and her mother visit me here but I will miss her first 5 Christmases as she want to be with the family and her birthday is in August And her mother works in a job where she is unable to have leave at this time so I will miss those too. Thanks again – Bilal S Dec 12 '17 at 3:22

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