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Spouse Visa - Overstayer - chances of approval?

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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khan1992
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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

Fififadi
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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?

Fififadi
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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?

khan1992
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Location: birmingham

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 :?:

Fififadi
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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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Zerubbabel
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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.

Fififadi
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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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Zerubbabel
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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.

khan1992
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Location: birmingham

Re: Spouse Visa - Overstayer - chances of approval?

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

Hi fifi, any news :?:

Fififadi
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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?

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

Post by pinksunflower » Fri Jun 19, 2020 1:02 pm

Hey Fifi, I really appreciate you keeping your post updated. It had been a while since I checked the forum, I’m sorry to read of the outcome your hubby received. What a time to have to endure a longer wait for an appeal :(
Have you had any news since your last post?
Sending you all my wishes :)

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

Post by Fififadi » Fri Jun 19, 2020 3:31 pm

pinksunflower wrote:
Fri Jun 19, 2020 1:02 pm
Hey Fifi, I really appreciate you keeping your post updated. It had been a while since I checked the forum, I’m sorry to read of the outcome your hubby received. What a time to have to endure a longer wait for an appeal :(
Have you had any news since your last post?
Sending you all my wishes :)
Hey Pinksunflower

No, I haven't heard anything yet :( how about you? Did you apply?

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

Post by pinksunflower » Sat Jun 20, 2020 3:29 am

I haven’t yet. With the COVID-19 situation, I’m not sure whether to wait until processing times are back to normal or submit now and have to endure a longer waiting and wondering impatiently process :(
Fififadi wrote:
Fri Jun 19, 2020 3:31 pm
pinksunflower wrote:
Fri Jun 19, 2020 1:02 pm
Hey Fifi, I really appreciate you keeping your post updated. It had been a while since I checked the forum, I’m sorry to read of the outcome your hubby received. What a time to have to endure a longer wait for an appeal :(
Have you had any news since your last post?
Sending you all my wishes :)
Hey Pinksunflower

No, I haven't heard anything yet :( how about you? Did you apply?

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

Post by Fififadi » Mon Jun 22, 2020 8:26 am

pinksunflower wrote:
Sat Jun 20, 2020 3:29 am
I haven’t yet. With the COVID-19 situation, I’m not sure whether to wait until processing times are back to normal or submit now and have to endure a longer waiting and wondering impatiently process :(
Fififadi wrote:
Fri Jun 19, 2020 3:31 pm
pinksunflower wrote:
Fri Jun 19, 2020 1:02 pm
Hey Fifi, I really appreciate you keeping your post updated. It had been a while since I checked the forum, I’m sorry to read of the outcome your hubby received. What a time to have to endure a longer wait for an appeal :(
Have you had any news since your last post?
Sending you all my wishes :)
Hey Pinksunflower

No, I haven't heard anything yet :( how about you? Did you apply?
I would advise to wait, otherwise you will be impatiently checking when there is no movement. Most of the biometric centres still remain closed so they won't be able to make a decision on your case until this has been completed anyway. Hopefully will start opening up soon.

pinksunflower
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Australia

Re: Spouse Visa - Overstayer - chances of approval?

Post by pinksunflower » Fri Jul 24, 2020 4:10 am

Hey Fifi, any updates on your case?

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

Post by Fififadi » Tue Jul 28, 2020 9:20 am

pinksunflower wrote:
Fri Jul 24, 2020 4:10 am
Hey Fifi, any updates on your case?
Hi Pinksunflower, no, nothing yet :(

Rimi99
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Rimi99 » Fri Aug 28, 2020 7:24 am

Fififadi wrote:
Tue Jul 28, 2020 9:20 am
pinksunflower wrote:
Fri Jul 24, 2020 4:10 am
Hey Fifi, any updates on your case?
Hi Pinksunflower, no, nothing yet :(
Hi fifi i have been reading your post and i am in the same situation as yours have you got any news on hearing date 🙃

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

Post by Fififadi » Fri Aug 28, 2020 8:10 am

Rimi99 wrote:
Fri Aug 28, 2020 7:24 am
Fififadi wrote:
Tue Jul 28, 2020 9:20 am
pinksunflower wrote:
Fri Jul 24, 2020 4:10 am
Hey Fifi, any updates on your case?
Hi Pinksunflower, no, nothing yet :(
Hi fifi i have been reading your post and i am in the same situation as yours have you got any news on hearing date 🙃
Hi Rimi99

No, I haven’t heard anything yet. No end in sight.
What is your situation? Have you also appealed, and if so, when?

Rimi99
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Re: Spouse Visa - Overstayer - chances of approval?

Post by Rimi99 » Fri Aug 28, 2020 2:53 pm

Hi fifi my 15weeks were up in june 1st week as yours one was earlier i was wandering if you got any hearing date 😓and my case is similar to yours.

Fififadi
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Appeal won - 320(11) refusal

Post by Fififadi » Fri Jan 29, 2021 9:39 am

Hi,

I was going to post this under my original topic but it has been locked. I have heard back from the Tribunal after my appeal hearing and the judge has allowed our appeal. This was actually decided end of December and the determination was sent out early January which we didn't receive.

I know HO have 28 days to appeal, but I was checking my bank account lastnight, something I haven't done for a while and noticed the Appeal fee was returned to us last week also, confirming that the HO will not be appealing! This is the best news so far!

The next steps can be long but the wait in between knowing which way it will go is finally over!!

Timeline:
Appendix FM - Priority
Applied: July 2019
Biometrics: August 2019
Refused: October 2019 - under 320(11)
Appealed: November 2019
15 Weeks Up: 1st April 2020
COVID
Hearing: December 2020
Appeal won: December 2020
Appeal fee awarded and refunded: January 2021

It has been a long journey but I am so glad we are so close to the finish line - all thanks to the Almighty!

Thank you to everyone who has been keeping in touch with my case and asking me along the way!

THO
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Re: Appeal won - 320(11) refusal

Post by THO » Fri Jan 29, 2021 10:18 am

Congratulations, a long haul but it's over now. You must be relieved.

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

Post by vinny » Fri Jan 29, 2021 11:46 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Fififadi
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Re: Appeal won - 320(11) refusal

Post by Fififadi » Fri Jan 29, 2021 11:54 am

THO wrote:
Fri Jan 29, 2021 10:18 am
Congratulations, a long haul but it's over now. You must be relieved.
Thank you THO

Yes very relieved indeed!

khan1992
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Re: Appeal won - 320(11) refusal

Post by khan1992 » Fri Jan 29, 2021 8:44 pm

Fififadi wrote:
Fri Jan 29, 2021 11:54 am
THO wrote:
Fri Jan 29, 2021 10:18 am
Congratulations, a long haul but it's over now. You must be relieved.
Thank you THO

Yes very relieved indeed!
Congratulations!!!

dec25
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Re: Spouse Visa - Overstayer - chances of approval?

Post by dec25 » Sat Jan 30, 2021 5:38 am

Congratulations! A long time patience has been finally paid off for you. Wishing you both all the best to be reunited shortly soon. Thank you for being so helpful for everyone for the queries.

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