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spouse visa refusal

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twinkle44
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spouse visa refusal

Post by twinkle44 » Thu Mar 24, 2011 10:51 am

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Last edited by twinkle44 on Fri Mar 25, 2011 9:07 am, edited 1 time in total.
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geriatrix
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Post by geriatrix » Thu Mar 24, 2011 11:06 am

Your husband?
Life isn't fair, but you can be!
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twinkle44
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Post by twinkle44 » Thu Mar 24, 2011 11:20 am

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Last edited by twinkle44 on Fri Mar 25, 2011 9:09 am, edited 1 time in total.
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geriatrix
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Post by geriatrix » Thu Mar 24, 2011 12:02 pm

What I meant to ask was if this topic has been posted by your spouse / husband - given the similarities in the case(s) posted.

Click on the link(s).
Life isn't fair, but you can be!
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Greenie
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Post by Greenie » Thu Mar 24, 2011 12:14 pm

PR is for someone granted Permanent Residency under the EEA Regulations. ILR is Indefinite Leave to Remain under the Immigration Rules.

Which do you have? It sounds more likely that you would have ILR.

It's not clear why your husband was refused under 320 7A/7B if he was applying for leave to enter as a spouse of settled person.Are they saying he is banned for a certain amount of years?



Also 320(11) should not be used purely for someone overstaying. It is if there are aggravating circumstances and the person has 'contrived in a significant way to frustrate the immigration rules'. From what you have said (he used a false certificate to obtain leave and also stayed here without studying), then this may count as aggravating circumstances.

Its quite unclear from what you are saying exactly what happend in the past. If he knowlingly used a false document to obtain leave and also has been here on a student visa without studying then this may well be grounds for refusal under 320(11). If he was here without studying then he was in breach of the rules. It doesn't matter that he was not working more than 20 hours a week. If he wasn't studying he shouldn't have remained here on his student visa.

It's hard to advise you without knowing more.
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twinkle44
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Post by twinkle44 » Thu Mar 24, 2011 12:15 pm

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Last edited by twinkle44 on Fri Mar 25, 2011 9:15 am, edited 1 time in total.
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twinkle44
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Post by twinkle44 » Thu Mar 24, 2011 12:43 pm

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Last edited by twinkle44 on Fri Mar 25, 2011 9:10 am, edited 2 times in total.
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geriatrix
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Post by geriatrix » Thu Mar 24, 2011 12:54 pm

A solicitor acts on the applicant's behalf.

If not for "magic", why did your spouse hire a solicitor to make an application for leave to remain when he was no longer "studying" and must have been aware that he did not qualify for extending his stay in the UK as a Tier 4 migrant?

Today you can go back and put the entire blame on the solicitor and claim "we had no knowledge of what the solicitor did", perhaps because it seems the most convenient option, but that does not absolve the applicant to not be responsible/accountable for his/her own immigration application.

IMHO ....
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twinkle44
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Post by twinkle44 » Thu Mar 24, 2011 3:20 pm

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Last edited by twinkle44 on Fri Mar 25, 2011 9:14 am, edited 1 time in total.
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Greenie
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Post by Greenie » Fri Mar 25, 2011 12:09 am

You clearly did have an intention to breach the rules if you were both aware of the fact that he was on a student visa and not studying and that he had used a false document to obtain that leave in the first place. I'm sorry there is little advice to give you apart from the fact that he now needs to be completely honest and hope he gets a very lenient judge.
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Casa
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Post by Casa » Fri Mar 25, 2011 12:04 pm

Why have you deleted your posts??
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twinkle44
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Post by twinkle44 » Fri Mar 25, 2011 2:04 pm

hi everyone,
i knw immigration appeal is a tough process.i am going through a lot of stress. i am not sure if anyone can help me, but i am definitely getting depressed. any negativity is just ripping my heart. may b i am weak struggling with this fight. so took the posts off
sorry everyone if i troubled u
thanku once gain
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