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I think illegal entry can be boldly interpreted and shouldn't be confused with overstay. The question is how did they enter UK? did they get documented at any time including their biometric data taken? Have they worked or recoursed to public funds while in UK and if so what identity did they use?scotalb7 wrote: ↑Sat Aug 15, 2020 5:58 amYes been reading a lot about 320(11)and that’s the only concern as know all other eligibility will be met. From what I can see though 320(11) cannot be used only due to be being illegal entrant, and they would need proof of other aggravating circumstances in addition to this,is this correct? Or can they refuse only based on illegal entry and being here 8 years? Thanks
they can't just refuse you for suspecting they worked, they would have too back that up by looking at HMRC records, but one question will be "How did they sustain their stay in UK if they never worked". I think they would also need to explain that on the cover letter.scotalb7 wrote: ↑Sat Aug 15, 2020 10:21 amThanks for your reply bathanza, I have been reading your posts and your case.
Yes it would obviously be less stressful if the application could be done in the UK but what we can see the safest and less risky option would be to return home and apply for spouse visa from there. Obviously very worried though that it would be denied through 320(11) and would then have to endure a long appeals process and a long time apart. Just hoping that illegal entry alone (along with the pretty long length of stay) will not be enough grounds to refuse,and planning to write cover letters apologising and explaining that want to legally fix the situation,never used nhs etc.
I had read somewhere about someone who had been refused as they ‘suspected’ they had worked due to being here so long,is this possible, could they refuse on this basis using 320(11)? Or would they actually need proof and to have caught the person working to do this?