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SPOUSE VISA REFUSAL

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

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Fififadi
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Re: SPOUSE VISA REFUSAL

Post by Fififadi » Wed Jan 06, 2021 9:29 am

Yes, the only chance you have is before a judge.
A judge will decide to see if discretion has been applied appropriately, the time between the offences and now, family life with your partner etc

Rimi99
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Nepal

Re: SPOUSE VISA REFUSAL

Post by Rimi99 » Thu Jan 21, 2021 5:38 am

Hi fifi i came along with your post , its really cool that you keep your updates ,have you received any decision on hearing and could you tell me where did your hearing took place they say that my hearing will be in taylor house london but haven't received any date yet...based on your timeline i should receive my hearing date by jan...may be due to delay in hearing centers i am left behind..😑😑

THO
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Vietnam

Re: SPOUSE VISA REFUSAL

Post by THO » Thu Jan 21, 2021 11:13 am

Nel,

You stated your husband left the country voluntarily and yet the refusal says he was detained and then deported at UK expense, which was it?

Also, they did not asses the other criteria, and I am guessing here, because he failed on 302 badly. No point, I expect. But do you meet all the other criteria, does he have an in date language cert, do you earn enough, have you met often? Because even if the judge overturns the reason for refusal, you will still need to meet all the other things needed.

How did he survive whilst here? I expect he earned money and did not pay tax, which is a reason for refusal too.

How is it going with your case?

nel_2019
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Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Fri Jan 22, 2021 12:05 pm

THO wrote:
Thu Jan 21, 2021 11:13 am
Nel,

You stated your husband left the country voluntarily and yet the refusal says he was detained and then deported at UK expense, which was it?

Also, they did not asses the other criteria, and I am guessing here, because he failed on 302 badly. No point, I expect. But do you meet all the other criteria, does he have an in date language cert, do you earn enough, have you met often? Because even if the judge overturns the reason for refusal, you will still need to meet all the other things needed.

How did he survive whilst here? I expect he earned money and did not pay tax, which is a reason for refusal too.

How is it going with your case?
Hi,
He was detained and removed under uk expense. But my lawyer said, that’s very unlawful and they have made a mistake. Plus, I don’t know why other criteria wasn’t met as I totally know I met all other criteria work, eng Lang cert ect. They have not stated what the aggravating circumstance is except for overstaying and entering illegally! We have received our notice of appeal but do u know how long that will take ?

Do u think there’s a chance HO to give visa?

nel_2019
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Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Fri Jan 22, 2021 12:40 pm

Rimi99 wrote:
Thu Jan 21, 2021 5:38 am
Hi fifi i came along with your post , its really cool that you keep your updates ,have you received any decision on hearing and could you tell me where did your hearing took place they say that my hearing will be in taylor house london but haven't received any date yet...based on your timeline i should receive my hearing date by jan...may be due to delay in hearing centers i am left behind..😑😑
Hi,
May I know ur reasons for refusal and when you lodged appeal?

THO
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Vietnam

Re: SPOUSE VISA REFUSAL

Post by THO » Fri Jan 22, 2021 3:04 pm

Why does your lawyer think that the HO detaining and removing him because he entered the UK illegally was wrong? Something does not add up with this part of the story, since at the time of detention he would have been given an opportunity to put a case forward to stay. Obviously the HO considered him a flight risk if they let him go.

My first thought is, the judge will consider (whether true or not) that because your husband illegally entered the UK, he is now married to you so he can try to get a visa to come here, so a marriage of convenience, on his part for the visa. It happens a lot.

My other worry would be, that even if the judge says that the ECO was wrong to decline visa for the illegal stay in UK, that he will then say but you must meet all the other criteria first before a visa is granted.

And, he might also say that you could go live with him, rather than the other way around.

I'm sorry, I do not know how it will turn out for you, just keep us informed as there are others in your position who would like to hear.

nel_2019
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Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Fri Jan 22, 2021 6:44 pm

THO wrote:
Fri Jan 22, 2021 3:04 pm
Why does your lawyer think that the HO detaining and removing him because he entered the UK illegally was wrong? Something does not add up with this part of the story, since at the time of detention he would have been given an opportunity to put a case forward to stay. Obviously the HO considered him a flight risk if they let him go.

My first thought is, the judge will consider (whether true or not) that because your husband illegally entered the UK, he is now married to you so he can try to get a visa to come here, so a marriage of convenience, on his part for the visa. It happens a lot.

My other worry would be, that even if the judge says that the ECO was wrong to decline visa for the illegal stay in UK, that he will then say but you must meet all the other criteria first before a visa is granted.

And, he might also say that you could go live with him, rather than the other way around.

I'm sorry, I do not know how it will turn out for you, just keep us informed as there are others in your position who would like to hear.
To clarify,My husband application was refused (before this all happened we even knew each other) then decided to leave voluntarily rather than put his case forward. So HO is stating that he was detained and contrived to frustrate of the rules by overstaying (32011). Hope that makes sense !

Fififadi
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Re: SPOUSE VISA REFUSAL

Post by Fififadi » Sat Jan 23, 2021 11:17 pm

Rimi99 wrote:
Thu Jan 21, 2021 5:38 am
Hi fifi i came along with your post , its really cool that you keep your updates ,have you received any decision on hearing and could you tell me where did your hearing took place they say that my hearing will be in taylor house london but haven't received any date yet...based on your timeline i should receive my hearing date by jan...may be due to delay in hearing centers i am left behind..😑😑
Hello

My hearing took place via video link. It was initially sent to Taylor house but then taken over by Yarlswood due to the backlog at Taylor house.

I’m still waiting to hear back.
When did you appeal and why were you refused?

Rimi99
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Re: SPOUSE VISA REFUSAL

Post by Rimi99 » Mon Jan 25, 2021 5:07 am

It was refused for 320(11) as well, i received acknowledgement letter on october 1st but still waiting on hearing dates i appealed last janurary 😌but still on waiting list at taylor house, everytime i phone them they say they don't know when i will get the date its so deperessing to wait and you should get your decision by now normally it takes 2 weeks to send their decision..

Shaved
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Pakistan

Re: SPOUSE VISA REFUSAL

Post by Shaved » Mon Jan 25, 2021 10:27 pm

how long before the date of application did your spouse overstay????

Rimi99
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Re: SPOUSE VISA REFUSAL

Post by Rimi99 » Tue Jan 26, 2021 11:16 am

Actually its bit different scenario, he was found working in restaurant while on student visa and no work allowed so Ho put him under reporting restriction and Ho rejected the human right application but handed at the very last day so he couldn't lodge jr on time jr was refused and case was on court of appeal then he voluntarily leave uk and withdraw the case from court of appeal but now Ho is again raising the same issue working illegally( but they never proved it , even they cannot make company pay the penalty till date ) and overstaying after jr refused...its counted as overstay eventhough case was in court of appeal this all was around 5 years ago .

nel_2019
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Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Sat Jan 30, 2021 7:26 am

Rimi99 wrote:
Mon Jan 25, 2021 5:07 am
It was refused for 320(11) as well, i received acknowledgement letter on october 1st but still waiting on hearing dates i appealed last janurary 😌but still on waiting list at taylor house, everytime i phone them they say they don't know when i will get the date its so deperessing to wait and you should get your decision by now normally it takes 2 weeks to send their decision..
Hi,
Havent heard anything from them yet! It’s been more than two weeks. Does covid have a role to play with it? Plus If it’s not withdrawn, how long will it take to get a hearing from court

Rimi99
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Nepal

Re: SPOUSE VISA REFUSAL

Post by Rimi99 » Sat Jan 30, 2021 2:57 pm

Mine one its been a year since i first lodge appeal and still waiting for a hearing date..so its unpredictable especially during this covid period😌

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