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Spouse Visa - Overstayer - chances of approval?

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dipakpatel
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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.

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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

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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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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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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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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?

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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

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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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Re: Appeal process - COVID-19

Post by khan1992 » Mon Apr 13, 2020 8:31 pm

Fififadi wrote:
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
Hi fififadi,
I just came across your post and I also applied for my husband's entry clearance and recieved a refusal in Jan for very similar circumstances (320 11 he also left voluntarily few years earlier with no ban).
All other requirements were met.
I have also appealed and my 15 weeks should be up in May.
You are ahead of me (it's not often you come across similar circumstances ) so please can you keep us updated on your progress I will really appreciate it!


Take care
K

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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Tue Apr 14, 2020 8:22 am

syedahmed84 wrote:
Mon Apr 13, 2020 7:33 pm
Hi

Hope you are well. How did your hearing go?

Regards,

Syed
Hi Syed,

I haven't had the hearing yet. Have not been listed yet. Most probably will be delayed further due to COVID-19.

What is your case?

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Re: Appeal process - COVID-19

Post by Fififadi » Tue Apr 14, 2020 8:24 am

khan1992 wrote:
Mon Apr 13, 2020 8:31 pm
Fififadi wrote:
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
Hi fififadi,
I just came across your post and I also applied for my husband's entry clearance and recieved a refusal in Jan for very similar circumstances (320 11 he also left voluntarily few years earlier with no ban).
All other requirements were met.
I have also appealed and my 15 weeks should be up in May.
You are ahead of me (it's not often you come across similar circumstances ) so please can you keep us updated on your progress I will really appreciate it!


Take care
K
Hi K

Yes, it's difficult to find anyone with the same or similar circumstances.

I will definitely update my post with progress. For now, we are still waiting to see what the next step is due to the delays. Have you appealed using a solicitor?

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Re: Spouse Visa - Overstayer - chances of approval?

Post by khan1992 » Tue Apr 14, 2020 9:59 am

Hi

Yes i did, i changed my solicitor for appeal process, as I wasn't happy with the one I used to make initial application.
Also are hearings still going ahead in current situation :?:

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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Tue Apr 14, 2020 11:53 am

khan1992 wrote:
Tue Apr 14, 2020 9:59 am
Hi

Yes i did, i changed my solicitor for appeal process, as I wasn't happy with the one I used to make initial application.
Also are hearings still going ahead in current situation :?:
Hearings are not going ahead, but they are being changed to case management reviews in which a Judge can make a decision if they feel they an based upon the information provided. If not, then it will proceed to remote hearing. That is the case for those who had appeal hearing dates. I wasn't yet allocated a hearing date, so not sure where that leaves me for now.

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Re: Spouse Visa - Overstayer - chances of approval?

Post by Zerubbabel » Tue Apr 14, 2020 3:33 pm

Hello

While I wish you all the best, I am not a great believer of the success of this hearing.

In many countries, a marriage is silver bullet when it comes to immigration: it fixes nearly any situation. This is not the case in the UK. I have seen refusals for people 100% compliant with immigration law. The Home Office would turn around and tell the British party to go live abroad with his/her partner.

In this case, your husband seems to have a long history with the Home Office: overstaying, working illegally, absconding, using NHS... From their perspective, he acted in total disregard of the law (as if the law doesn't even apply to him).

I don't see a judge rewarding that behaviour by going against the Home Office and forcing them to grant him a leave. Sometimes judges do that but in situations where there are compelling circumstances that must be taken in account: long lasting relationship, kids together...

But in your case, you didn't live with this guy or anything. You just appeared in the middle of a horrendous immigration history and you are fighting the Home Office in a decision that appears to be justified.

I am following this thread. Wishing you all the best indeed but you may need to prepare for options (such as living abroad) if the decision isn't favourable.

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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Tue Apr 14, 2020 3:55 pm

Zerubbabel wrote:
Tue Apr 14, 2020 3:33 pm
Hello

While I wish you all the best, I am not a great believer of the success of this hearing.

In many countries, a marriage is silver bullet when it comes to immigration: it fixes nearly any situation. This is not the case in the UK. I have seen refusals for people 100% compliant with immigration law. The Home Office would turn around and tell the British party to go live abroad with his/her partner.

In this case, your husband seems to have a long history with the Home Office: overstaying, working illegally, absconding, using NHS... From their perspective, he acted in total disregard of the law (as if the law doesn't even apply to him).

I don't see a judge rewarding that behaviour by going against the Home Office and forcing them to grant him a leave. Sometimes judges do that but in situations where there are compelling circumstances that must be taken in account: long lasting relationship, kids together...

But in your case, you didn't live with this guy or anything. You just appeared in the middle of a horrendous immigration history and you are fighting the Home Office in a decision that appears to be justified.

I am following this thread. Wishing you all the best indeed but you may need to prepare for options (such as living abroad) if the decision isn't favourable.
Hi Zerubbabel,

Thanks for your honest opinion. Just to clarify, my spouse did not use any NHS services for the duration of his time here (not that it makes much difference).

I can understand that this is the case for many and I have been reading case law on both sides and there are many cases where it has been allowed, without children etc. Just depends on the judge on the day and the arguments put forward by the barrister.

Preparing for options to live abroad? Would the UKVI be happy picking up repayments of my loans etc if i was to move abroad? I have no assets to sell as such so will gladly leave them to foot the bill!

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Re: Spouse Visa - Overstayer - chances of approval?

Post by Zerubbabel » Tue Apr 14, 2020 6:33 pm

Your counter argumentation is not built yet :)

When you take a person or an administration in front of a court, you need a counter story. The judge will listen to both parties. In your case, the Home Office will tell a story: he disregarded the law, he absconded, he worked illegally, he frustrated our efforts to enforce the law... etc.

In response to that, you need a strong story with compelling circumstances. So when the judge analyses the claim of both parties, he or she may have a chance to rule on your favour.

Otherwise, it will just sound like "Ok, what happened happened but please let me get away with it!". This would mean that the offender didn't even measure the seriousness of what he did.

If you are lucky, you can get a judge who doesn't like the Home Office. But still in such case, the judge cannot take a decision that could undermine the rule of the law. That's why it's important to provide arguments as strong as possible.

The fact that you have financial liabilities such as credit cards or loans in the UK is not an argument. Even if you leave the country, these liabilities will not disappear. If you just ignore them, you may come back in X years and find yourself unable to get an electricity supply or a phone on contract.

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Re: Spouse Visa - Overstayer - chances of approval?

Post by khan1992 » Thu Apr 30, 2020 2:02 pm

Hi fifi, any news :?:

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Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Thu Apr 30, 2020 9:20 pm

khan1992 wrote:
Thu Apr 30, 2020 2:02 pm
Hi fifi, any news :?:
Hi Khan1992

No not yet :( 15 weeks were up 1st April.
What about you? When in May are your 15 weeks up?

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