My wife applied for a visitor visa to the UK and was refused on grounds of deception over a question on the form. I am not here to argue that she didn't lie as i was not around when the original form was filled out many years ago. I cannot find the letter but it mentioned the standard ten year ban.

My question - Life has moved on since then and we are living in Hungary and now in possession of a Hungarian residency card. This means that she can travel to the UK without applying for a visa.

Can she do this or is she sitting under a ten year ban? The ban i believe was from applying for a visa, as there is no application this time is she free to come and go as she pleases?

If it is relevant i am a British Citizen.

  • One thing i forgot. Is there a way to check the exact details of the ban? i.e a department to get in touch with. – Matthew Dowdell Jan 25 '17 at 15:37
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    "... many years ago..." how many? if it was before bans were implemented in late 2008, then it's not an issue. They started writing about them in early 2008. Also, why do you think she doesn't need a visa? – Gayot Fow Jan 25 '17 at 16:19
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    You can submit a Subject Access Request by writing to the Home Office at 2 Marsham St, London SW1P 4DF, United Kingdom. The Information Commissioner has thoughtfully provided a sample template on his site (an MS Word Document). Usually they will not release the refusal notices themselves (at least in my experience) because it's not in the public interest, but will provide an extract or summary (if they honour the request in the first instance). -- from travel.stackexchange.com/questions/81589/… – Gayot Fow Jan 25 '17 at 16:28
  • Refusals commonly say "if you apply again you may be refused under the paragraph that allows us to impose a ban": in other words, you might get a ban if you apply again. Since such a refusal can certainly be said to "mention the standard ten year ban," but obviously doesn't impose the ban, it's not clear from your question that your wife is in fact "sitting under a ten year ban." – phoog Jan 25 '17 at 16:45
  • @GayotFow presumably the reason for thinking she doesn't need a visa is that she has a residence card "for the family member of an EU citizen," but that isn't made clear in the question. – phoog Jan 25 '17 at 16:46