Refusal under section 320 (11) and applying for EEA

[sunship]

Hi.my wife was refused entry to the UK under section 320 11.As she had overstayed and worked in the UK.I am duel nationality Irish/British born in England and resident here.Can I bring my wife here(she is Ugandan) using my Irish passport? will they stop her because of her adverse immigration history?

[rachellynn1972]

I dont think the new law will allow you as a dual national, but i may say, you can surrender one of your passport to become only irish, as irish in uk have the same right as a british passport, so use your irish to get her in, but as you still have the two passport, you have to go through national law.

[vinny]

Possible if you worked in another EEA State.

[sunship]

well to be honest Ive had enough.If my wife's appeal fails,im closing down my buisiness,laying off nine guys renting out my property and Im of to Ireland.
To be honest to some of the good people on this site,the U.K is not worth the hassle,and the stress that its causing you all.This country is in social decay.

[Directive/2004/38/EC]

sunship,

Have you ever worked outside of the UK?

How did you get your Irish citizenship and when? Have you always had an Irish passport?

[sunship]

no Ive never worked outside the UK .Ive got a good buisiness in London,with a total of 9 people working for me,if u include the trainee thats 10.I find it strange that The UKBA think it wise to to stop my wife from re-entering the UK.Therefore forcing me to relocate.This will cause a considerable loss to the tax man,put ten British guys on the dole at a time of high unemployment.And not forgetting their families who will suffer.
Its kind of like cutting off your nose to spite your face.
The new McCarthy ruling poses problems for people of duel Irish/British nationality moving freely with their spouse between the two countries.(my Irish nationality comes from my Irish Parents).The new McCarthy ruling contravenes the good friday agreement.Its so sad to see The UK descend into such desperate measures,as the paranoid desperate state that it has become.There is total social chaos here on Englands Violent streets.I believe in change.And this looks like a good a time as any.

[Kitty]

Is it just me, or are 320(11) refusals becoming more common for overstaying spouses who "do the right thing"?

[vinny]

See also Doing the right thing? and 320(11).

[sunship]

well Kitty from what i understand and can find out from those in the legal prof .yes there is an increase in ECO's handing 320 11 to non EEA spouses.Its their latest little wizz for refusal to your wife/husband(and how evil is that).They cant get your overstaying spouse on section 320 7c or 320 7b so they pull out 320 11.Actually to be fair there have been a few cases been won against 320 11 recently.Ill have to dig out the details later for you.A high court judge ruled it unlawful,apparently its not meant to be used in a punative manner.What the game is....your spouse with adverse immigration history comes forward to UKBA and owns up,hoping that by telling the truth, overstaying and working Etc your honesty will mean something.And just maybe your inland application for rights to remain will be sucessful.The refusal comes advising u to return to your country to regularise your status by applying again.So you do this and apply,they will recognise you are married under 281,but then hit u with sec 320 11.so be warned if u think im scare mongering.give it a go.

[sunship]

vinnie i just checked out that link u put up.So true,and thank you...To every one concerned or thinking of coming forward and giving your self up.be warned !!,it means nothing to UKBA.They do not care.Also do not leave the country.remember possesion is nine tenths of the law.Once your out of the country,they have you where they want you.Before dusting off the 320 11.try judicial review but dont go.Why put your self at the mercy of a dearly beloved ECO.Remember there is no amnesty,and they offer no Incentives.

[puta28]

Hi Sunship,

Dont ever give up hope as my husband was too refused under 320 (11) and we won at appeal. He too was from Uganda. Our case was much more complicated as my hubby got caught using a fake document to work and then got removed from England after serving a short prison sentence.

We wasnt married at the time but we fought and never gave up hope. We had a good immigration solicitor that fought for us from the beginning.

It can be overcome at appeal with the help of professional help. Hope all goes well with your case and i wish you all the best as i know its not easy as i was without my husband for just under 2 years.