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Spouse Visa - Overstayer - chances of approval?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Mehar_11
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Mehar_11 » Tue Oct 08, 2019 9:16 pm

He had clinic appointments for ENT was told he needs surgery which he didn’t go ahead with. He also had another dermatology appointment. During this period he had paid IHS fee as he was awaiting a decision for his in country application not sure if this would make a difference.

dipakpatel
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Location: london

Re: Spouse Visa - Overstayer - chances of approval?

Post by dipakpatel » Wed Oct 09, 2019 1:30 pm

Fififadi wrote:
Sat Oct 05, 2019 1:22 pm
dipakpatel wrote:
Sat Oct 05, 2019 6:23 am
Fififadi wrote:
Mon Aug 19, 2019 3:52 pm
Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.

Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
Because you got an email from them regarding sponsor's documents, more likely your case is under consideration and you will hear some good news about it very soon.

Fififadi
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Wed Oct 09, 2019 1:53 pm

dipakpatel wrote:
Wed Oct 09, 2019 1:30 pm
Fififadi wrote:
Sat Oct 05, 2019 1:22 pm
dipakpatel wrote:
Sat Oct 05, 2019 6:23 am
Fififadi wrote:
Mon Aug 19, 2019 3:52 pm
Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.

Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
Because you got an email from them regarding sponsor's documents, more likely your case is under consideration and you will hear some good news about it very soon.
Thanks for your encouraging words @dipakpatel. Please keep us in your prayers! It's been 9 weeks now :(

ms1993
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Posts: 279
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Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Sat Oct 19, 2019 4:48 pm

Good luck on Monday! I’ll be eagerly awaiting an update on your case (please post an update, I’ll literally be sat on the edge!)
We seem to have gone through this journey together so wishing you the best and praying for you!

Fififadi
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sat Oct 19, 2019 5:07 pm

ms1993 wrote:
Sat Oct 19, 2019 4:48 pm
Good luck on Monday! I’ll be eagerly awaiting an update on your case (please post an update, I’ll literally be sat on the edge!)
We seem to have gone through this journey together so wishing you the best and praying for you!

Thanks so much! Please do keep us in your prayers. I will definitely update you on Monday as soon as i know.
These two days seem the longest ever!

ms1993
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Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Sat Oct 19, 2019 5:10 pm

Fififadi wrote:
Sat Oct 19, 2019 5:07 pm
ms1993 wrote:
Sat Oct 19, 2019 4:48 pm
Good luck on Monday! I’ll be eagerly awaiting an update on your case (please post an update, I’ll literally be sat on the edge!)
We seem to have gone through this journey together so wishing you the best and praying for you!

Thanks so much! Please do keep us in your prayers. I will definitely update you on Monday as soon as i know.
These two days seem the longest ever!
Absolutely! Wish you nothing short of success inshaAllah

I’ve only just read your post and now it seems like the longest two days for me too! Ha 😩

Really wishing you and your husband the best...

dipakpatel
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Location: london

Re: Spouse Visa - Overstayer - chances of approval?

Post by dipakpatel » Sun Oct 20, 2019 6:56 am

Fififadi wrote:
Sat Oct 19, 2019 5:07 pm
ms1993 wrote:
Sat Oct 19, 2019 4:48 pm
Good luck on Monday! I’ll be eagerly awaiting an update on your case (please post an update, I’ll literally be sat on the edge!)
We seem to have gone through this journey together so wishing you the best and praying for you!

Thanks so much! Please do keep us in your prayers. I will definitely update you on Monday as soon as i know.
These two days seem the longest ever!
Did you get an email from HO regarding decision bas been made or passport been ready to collect?

Fififadi
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Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sun Oct 20, 2019 10:38 am

dipakpatel wrote:
Sun Oct 20, 2019 6:56 am
Fififadi wrote:
Sat Oct 19, 2019 5:07 pm
ms1993 wrote:
Sat Oct 19, 2019 4:48 pm
Good luck on Monday! I’ll be eagerly awaiting an update on your case (please post an update, I’ll literally be sat on the edge!)
We seem to have gone through this journey together so wishing you the best and praying for you!

Thanks so much! Please do keep us in your prayers. I will definitely update you on Monday as soon as i know.
These two days seem the longest ever!
Did you get an email from HO regarding decision bas been made or passport been ready to collect?
Received an email that documents/passport are ready to be collected

Manugmedia
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Posts: 121
Joined: Mon Oct 07, 2019 8:01 am
Ethiopia

Re: Spouse Visa - Overstayer - chances of approval?

Post by Manugmedia » Sun Oct 20, 2019 12:32 pm

Fififadi wrote:
Sun Oct 20, 2019 10:38 am
dipakpatel wrote:
Sun Oct 20, 2019 6:56 am
Fififadi wrote:
Sat Oct 19, 2019 5:07 pm
ms1993 wrote:
Sat Oct 19, 2019 4:48 pm
Good luck on Monday! I’ll be eagerly awaiting an update on your case (please post an update, I’ll literally be sat on the edge!)
We seem to have gone through this journey together so wishing you the best and praying for you!

Thanks so much! Please do keep us in your prayers. I will definitely update you on Monday as soon as i know.
These two days seem the longest ever!
Did you get an email from HO regarding decision bas been made or passport been ready to collect?
Received an email that documents/passport are ready to be collected
Good Luck Fififadi. All is well that ends well. I know it's good results.

dipakpatel
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Posts: 9
Joined: Fri Jan 07, 2011 10:48 am
Location: london

Re: Spouse Visa - Overstayer - chances of approval?

Post by dipakpatel » Sun Oct 20, 2019 12:34 pm

Fififadi wrote:
Wed Oct 09, 2019 1:53 pm
dipakpatel wrote:
Wed Oct 09, 2019 1:30 pm
Fififadi wrote:
Sat Oct 05, 2019 1:22 pm
dipakpatel wrote:
Sat Oct 05, 2019 6:23 am



Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
Because you got an email from them regarding sponsor's documents, more likely your case is under consideration and you will hear some good news about it very soon.
Thanks for your encouraging words @dipakpatel. Please keep us in your prayers! It's been 9 weeks now :(
All the best. I will pray for you. In how many working days you received that email, ready for collection?

Fififadi
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Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sun Oct 20, 2019 2:09 pm

Manugmedia wrote:
Sun Oct 20, 2019 12:32 pm
Fififadi wrote:
Sun Oct 20, 2019 10:38 am
dipakpatel wrote:
Sun Oct 20, 2019 6:56 am
Fififadi wrote:
Sat Oct 19, 2019 5:07 pm



Thanks so much! Please do keep us in your prayers. I will definitely update you on Monday as soon as i know.
These two days seem the longest ever!
Did you get an email from HO regarding decision bas been made or passport been ready to collect?
Received an email that documents/passport are ready to be collected
Good Luck Fififadi. All is well that ends well. I know it's good results.

Thank you Manugmedia for your supporting words!
Wishing you the very best also!

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sun Oct 20, 2019 2:10 pm

dipakpatel wrote:
Sun Oct 20, 2019 12:34 pm
Fififadi wrote:
Wed Oct 09, 2019 1:53 pm
dipakpatel wrote:
Wed Oct 09, 2019 1:30 pm
Fififadi wrote:
Sat Oct 05, 2019 1:22 pm



Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
Because you got an email from them regarding sponsor's documents, more likely your case is under consideration and you will hear some good news about it very soon.
Thanks for your encouraging words @dipakpatel. Please keep us in your prayers! It's been 9 weeks now :(
All the best. I will pray for you. In how many working days you received that email, ready for collection?

Thanks so much! We received the collection emails after 52 days of a priority application!

ms1993
Member of Standing
Posts: 279
Joined: Sun Mar 17, 2019 2:09 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Mon Oct 21, 2019 5:47 am

Morning!
Please tell me you’ve received good news?

Fififadi
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Mon Oct 21, 2019 6:44 am

ms1993 wrote:
Mon Oct 21, 2019 5:47 am
Morning!
Please tell me you’ve received good news?
Morning,

Unfortunately not. Refused based on 320(11) :(

ms1993
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Posts: 279
Joined: Sun Mar 17, 2019 2:09 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Mon Oct 21, 2019 6:48 am

Fififadi wrote:
Mon Oct 21, 2019 6:44 am
ms1993 wrote:
Mon Oct 21, 2019 5:47 am
Morning!
Please tell me you’ve received good news?
Morning,

Unfortunately not. Refused based on 320(11) :(
Aw Fififadi, I’m so so sorry, I know how hard hitting a decision can be :(
Could you list the grounds if you don’t mind?

dipakpatel
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Location: london

Re: Spouse Visa - Overstayer - chances of approval?

Post by dipakpatel » Mon Oct 21, 2019 7:31 am

Fififadi wrote:
Mon Oct 21, 2019 6:44 am
ms1993 wrote:
Mon Oct 21, 2019 5:47 am
Morning!
Please tell me you’ve received good news?
Morning,

Unfortunately not. Refused based on 320(11) :(
Oh no! So sorry to hear that. Did you get a right to appeal? Do you mind sharing their refusals wordings? If you don't mind would you share their refusals letter here or on email at your convenience.

Fififadi
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Mon Oct 21, 2019 7:53 am

Yes, did get a right to appeal.

i don't have the letter to hand, waiting for my husband to arrive home so he can send it to me - but i have the one paragraph.

We met all other eligibility requirements.

I am satisfied that this conduct us consistent with that described in Entry Clearance Guidance chapter 26.18 as having contrived in a significant way to frustrate the intentions of the immigration rules as you overstayed and absconded whilst being non compliant in the removal of you from the UK. Therefore i consider it appropriate to refuse your application under paragraph 320(11).

This application was referred to an ECM prior to being refused and application of paragraph 320(11) was agreed.

ms1993
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Posts: 279
Joined: Sun Mar 17, 2019 2:09 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Mon Oct 21, 2019 8:39 am

Fififadi wrote:
Mon Oct 21, 2019 7:53 am
Yes, did get a right to appeal.

i don't have the letter to hand, waiting for my husband to arrive home so he can send it to me - but i have the one paragraph.

We met all other eligibility requirements.

I am satisfied that this conduct us consistent with that described in Entry Clearance Guidance chapter 26.18 as having contrived in a significant way to frustrate the intentions of the immigration rules as you overstayed and absconded whilst being non compliant in the removal of you from the UK. Therefore i consider it appropriate to refuse your application under paragraph 320(11).

This application was referred to an ECM prior to being refused and application of paragraph 320(11) was agreed.
I suppose it’s a positive that you met all other requirements - sometimes this can be difficult to meet as there’s so much

It’s a disappointing outcome re 320(11) but I hope that the appeal is in your favour. Be sure to be selective your solicitor choice (if you’re choosing one) and make sure you don’t just settle. Did you receive a ban?


Keep pushing along and I’ll keep you in my prayers Fififadi

Fififadi
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Mon Oct 21, 2019 9:07 am

ms1993 wrote:
Mon Oct 21, 2019 8:39 am
Fififadi wrote:
Mon Oct 21, 2019 7:53 am
Yes, did get a right to appeal.

i don't have the letter to hand, waiting for my husband to arrive home so he can send it to me - but i have the one paragraph.

We met all other eligibility requirements.

I am satisfied that this conduct us consistent with that described in Entry Clearance Guidance chapter 26.18 as having contrived in a significant way to frustrate the intentions of the immigration rules as you overstayed and absconded whilst being non compliant in the removal of you from the UK. Therefore i consider it appropriate to refuse your application under paragraph 320(11).

This application was referred to an ECM prior to being refused and application of paragraph 320(11) was agreed.
I suppose it’s a positive that you met all other requirements - sometimes this can be difficult to meet as there’s so much

It’s a disappointing outcome re 320(11) but I hope that the appeal is in your favour. Be sure to be selective your solicitor choice (if you’re choosing one) and make sure you don’t just settle. Did you receive a ban?


Keep pushing along and I’ll keep you in my prayers Fififadi
No ban thankfully!
Thanks, please do!

dipakpatel
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Posts: 9
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Location: london

Re: Spouse Visa - Overstayer - chances of approval?

Post by dipakpatel » Mon Oct 21, 2019 9:13 am

Fififadi wrote:
Mon Oct 21, 2019 9:07 am
ms1993 wrote:
Mon Oct 21, 2019 8:39 am
Fififadi wrote:
Mon Oct 21, 2019 7:53 am
Yes, did get a right to appeal.

i don't have the letter to hand, waiting for my husband to arrive home so he can send it to me - but i have the one paragraph.

We met all other eligibility requirements.

I am satisfied that this conduct us consistent with that described in Entry Clearance Guidance chapter 26.18 as having contrived in a significant way to frustrate the intentions of the immigration rules as you overstayed and absconded whilst being non compliant in the removal of you from the UK. Therefore i consider it appropriate to refuse your application under paragraph 320(11).

This application was referred to an ECM prior to being refused and application of paragraph 320(11) was agreed.
I suppose it’s a positive that you met all other requirements - sometimes this can be difficult to meet as there’s so much

It’s a disappointing outcome re 320(11) but I hope that the appeal is in your favour. Be sure to be selective your solicitor choice (if you’re choosing one) and make sure you don’t just settle. Did you receive a ban?


Keep pushing along and I’ll keep you in my prayers Fififadi
No ban thankfully!
Thanks, please do!
Ban for overstaying doesn't apply in spouse visa I think. Hopefully you will make it in appeal stage. Wish you the best of luck.

InnaR
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Ukraine

Re: Spouse Visa - Overstayer - chances of approval?

Post by InnaR » Mon Oct 21, 2019 10:06 am

So if they refused your application under paragraph 320(11) there must be aggravating circumstances, any ideas what it could be?

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CR001
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Re: Spouse Visa - Overstayer - chances of approval?

Post by CR001 » Mon Oct 21, 2019 10:09 am

InnaR wrote:
Mon Oct 21, 2019 10:06 am
So if they refused your application under paragraph 320(11) there must be aggravating circumstances, any ideas what it could be?
?? Potentially working illegally too if the OP did.
I am satisfied that this conduct us consistent with that described in Entry Clearance Guidance chapter 26.18 as having contrived in a significant way to frustrate the intentions of the immigration rules as you overstayed and absconded whilst being non compliant in the removal of you from the UK. Therefore i consider it appropriate to refuse your application under paragraph 320(11).
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ms1993
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Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Sat Nov 09, 2019 9:41 am

Hi Fifiadi

Was thinking of your case yesterday... How are you getting on with the next steps?

Fififadi
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Appeal process - COVID-19

Post by Fififadi » Tue Mar 31, 2020 9:38 am

Hello everyone,

I hope everyone is keeping well and safe during this time of great uncertainty.

I have been trying to keep up to date with changes to the appeal process during this time, but thought to ask on here too.

My spouse's visa was refused in Autumn last year, we have appealed the refusal and our 15 weeks are up tomorrow (i thought this was earlier but called to clarify and was told 1st April). I have read online that listed hearings will proceed by way of a case management review due to non face to face contact. I just wanted to know, anyone who has not yet been sent hearing dates, will they also have this opportunity to have a CMR or will they not be listed at all for now?

I know this is difficult to answer due to the uncertainty and how much things are changing on a daily basis, but thought to ask in case there is someone who has very recently received notification of hearing or similar.

Stay safe and well!

Fifi

syedahmed84
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Pakistan

Re: Spouse Visa - Overstayer - chances of approval?

Post by syedahmed84 » Mon Apr 13, 2020 7:33 pm

Hi

Hope you are well. How did your hearing go?

Regards,

Syed

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