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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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nel_2019
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Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

SPOUSE VISA REFUSAL

Post by nel_2019 » Tue Dec 29, 2020 8:24 pm

hi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.

do you guys know how long it would take. have suffered mental health and this made it worse.

Fififadi
Member
Posts: 130
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: SPOUSE VISA REFUSAL

Post by Fififadi » Tue Dec 29, 2020 9:58 pm

nel_2019 wrote:
Tue Dec 29, 2020 8:24 pm
hi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.

do you guys know how long it would take. have suffered mental health and this made it worse.

Hey

When was your application refused and when did you appeal?

My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!

Hope you have some good news soon!

nel_2019
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Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Thu Dec 31, 2020 12:21 pm

mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!

we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?

nel_2019
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Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Thu Dec 31, 2020 12:23 pm

Fififadi wrote:
Tue Dec 29, 2020 9:58 pm
nel_2019 wrote:
Tue Dec 29, 2020 8:24 pm
hi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.

do you guys know how long it would take. have suffered mental health and this made it worse.

Hey

When was your application refused and when did you appeal?

My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!

Hope you have some good news soon!

hey

mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!

we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?

did u get any news ? my doc was sent to the one in leichester, what about you?

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TODMATT
Senior Member
Posts: 733
Joined: Wed Jun 13, 2012 1:09 pm

Re: SPOUSE VISA REFUSAL

Post by TODMATT » Thu Dec 31, 2020 12:42 pm

nel_2019 wrote:
Thu Dec 31, 2020 12:23 pm
Fififadi wrote:
Tue Dec 29, 2020 9:58 pm
nel_2019 wrote:
Tue Dec 29, 2020 8:24 pm
hi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.

do you guys know how long it would take. have suffered mental health and this made it worse.

Hey

When was your application refused and when did you appeal?

My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!

Hope you have some good news soon!

hey

mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!

we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?



Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?

Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.


did u get any news ? my doc was sent to the one in leichester, what about you?
My opinions should not be constituted as an immigration or legal advice.

nel_2019
Newly Registered
Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Thu Dec 31, 2020 3:10 pm

TODMATT wrote:
Thu Dec 31, 2020 12:42 pm
nel_2019 wrote:
Thu Dec 31, 2020 12:23 pm
Fififadi wrote:
Tue Dec 29, 2020 9:58 pm
nel_2019 wrote:
Tue Dec 29, 2020 8:24 pm
hi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.

do you guys know how long it would take. have suffered mental health and this made it worse.

Hey

When was your application refused and when did you appeal?

My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!

Hope you have some good news soon!

hey

mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!

we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?



Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?

Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.


did u get any news ? my doc was sent to the one in leichester, what about you?
Basically what happened was that when we recieved our refusal, the eco hadn’t “assessed” all of the other requirements! That was one of the grounds of appeal and also My solicitor state all the stuff in the grounds of appeal that my husband left the uk voluntely ect and it doesn’t apply to him (320(11)) we opted for oral hearing and my solicitor stated that there’s a chance they can overturn before hearing. But I don’t know what’s going to happen😔😔😔 it’s so frustrating the eco was v harsh and I was think if things could be over by summer?

User avatar
TODMATT
Senior Member
Posts: 733
Joined: Wed Jun 13, 2012 1:09 pm

Re: SPOUSE VISA REFUSAL

Post by TODMATT » Thu Dec 31, 2020 3:40 pm

nel_2019 wrote:
Thu Dec 31, 2020 3:10 pm
TODMATT wrote:
Thu Dec 31, 2020 12:42 pm
nel_2019 wrote:
Thu Dec 31, 2020 12:23 pm
Fififadi wrote:
Tue Dec 29, 2020 9:58 pm

Hey

When was your application refused and when did you appeal?

My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!

Hope you have some good news soon!

hey

mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!

we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?



Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?

Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.


did u get any news ? my doc was sent to the one in leichester, what about you?
Basically what happened was that when we recieved our refusal, the eco hadn’t “assessed” all of the other requirements! That was one of the grounds of appeal and also My solicitor state all the stuff in the grounds of appeal that my husband left the uk voluntely ect and it doesn’t apply to him (320(11)) we opted for oral hearing and my solicitor stated that there’s a chance they can overturn before hearing. But I don’t know what’s going to happen😔😔😔 it’s so frustrating the eco was v harsh and I was think if things could be over by summer?
Decision relating to 320(11) is first made by ECO followed by ECM although your husband voluntarily leaving the UK should have been considered but it's not always the case depending on the Entry clearance manager. Can you share the full refusal letter?

See this rulings here

https://www.bailii.org/uk/cases/UKUT/IA ... india.html

"In exercising discretion under paragraph 320(11) […], the decision maker must exercise great care in assessing the aggravating circumstances said to justify refusal and must have regard to the public interest in encouraging those unlawfully in the United Kingdom to leave and seek to regularise their status by an application for entry clearance.”
My opinions should not be constituted as an immigration or legal advice.

nel_2019
Newly Registered
Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Thu Dec 31, 2020 4:02 pm

TODMATT wrote:
Thu Dec 31, 2020 3:40 pm
nel_2019 wrote:
Thu Dec 31, 2020 3:10 pm
TODMATT wrote:
Thu Dec 31, 2020 12:42 pm
nel_2019 wrote:
Thu Dec 31, 2020 12:23 pm



hey

mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!

we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?



Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?

Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.


did u get any news ? my doc was sent to the one in leichester, what about you?
Basically what happened was that when we recieved our refusal, the eco hadn’t “assessed” all of the other requirements! That was one of the grounds of appeal and also My solicitor state all the stuff in the grounds of appeal that my husband left the uk voluntely ect and it doesn’t apply to him (320(11)) we opted for oral hearing and my solicitor stated that there’s a chance they can overturn before hearing. But I don’t know what’s going to happen😔😔😔 it’s so frustrating the eco was v harsh and I was think if things could be over by summer?
Decision relating to 320(11) is first made by ECO followed by ECM although your husband voluntarily leaving the UK should have been considered but it's not always the case depending on the Entry clearance manager. Can you share the full refusal letter?

See this rulings here

https://www.bailii.org/uk/cases/UKUT/IA ... india.html

"In exercising discretion under paragraph 320(11) […], the decision maker must exercise great care in assessing the aggravating circumstances said to justify refusal and must have regard to the public interest in encouraging those unlawfully in the United Kingdom to leave and seek to regularise their status by an application for entry clearance.”

Hi,

We have considered your application under paragraph EC-P.1.1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Your application falls for refusal on grounds of suitability under Section S-EC of Appendix FM.
Under paragraph EC-P.1.1. (c), your application falls for refusal on grounds of suitability under Section S-EC of Appendix FM because you previously entered the UK illegally, then failed to regularise your stay or depart the UK voluntarily. This led to your detention in the UK then removal at public expense on 26/11/2016. I am therefore satisfied you previously contrived to frustrate the intentions of the rules by overstaying (paragraph 320 (11) (i) of the immigration rules).
I have considered the circumstances of your application, but in the light of your previous conduct I consider it undesirable to issue you an entry clearance and I am not prepared to exercise discretion in your favour. I therefore refuse your application under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules. (S-EC.1.5)
.
Eligibility
Not assessed
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
Not assessed
Eligibility Financial Requirement
Not assessed
Appendix FM Partner Refusal Version 01 17

Not assessed
Eligibility English Language Requirement
Not assessed
Not assessed
Exceptional Circumstances
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
Refusal under the Partner Rules
Not assessed


That’s what mine was like when I recieved my refusal! Is there possibility being overturned ?

Have u been granted visa ?
Did u get ur visa ?

User avatar
TODMATT
Senior Member
Posts: 733
Joined: Wed Jun 13, 2012 1:09 pm

Re: SPOUSE VISA REFUSAL

Post by TODMATT » Thu Dec 31, 2020 5:51 pm

Even if all requirement which wasn't assessed got looked at still doesn't mean the application will be approved from the point view of the ECO&ECM due to the suitability requirement not fulfilled.

I will suggest you to ask your solicitor to request for SAR to get full picture of your immigration history.
My opinions should not be constituted as an immigration or legal advice.

nel_2019
Newly Registered
Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Thu Dec 31, 2020 6:00 pm

Yes your right!‌

We have appealed for it and see what happenes, is there any way to speed up the process?

Sorry what do you mean by SAR ?


THNAKS for ur support

User avatar
TODMATT
Senior Member
Posts: 733
Joined: Wed Jun 13, 2012 1:09 pm

Re: SPOUSE VISA REFUSAL

Post by TODMATT » Thu Dec 31, 2020 6:16 pm

nel_2019 wrote:
Thu Dec 31, 2020 6:00 pm
Yes your right!‌

We have appealed for it and see what happenes, is there any way to speed up the process? Not at the moment, you have to wait for 15 weeks at least to see what the Entry clearance manager says if they decide to overturn the decision based on your grounds of appeal.

Sorry what do you mean by SAR ? Information held by the HO on your husband.

Read here

https://www.gov.uk/government/publicati ... mmigration


THNAKS for ur support
My opinions should not be constituted as an immigration or legal advice.

nel_2019
Newly Registered
Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Thu Dec 31, 2020 7:17 pm

What if my appeal is not overturned by ECM?, how long would court hearing take ?

User avatar
TODMATT
Senior Member
Posts: 733
Joined: Wed Jun 13, 2012 1:09 pm

Re: SPOUSE VISA REFUSAL

Post by TODMATT » Thu Dec 31, 2020 7:23 pm

nel_2019 wrote:
Thu Dec 31, 2020 7:17 pm
What if my appeal is not overturned by ECM?, how long would court hearing take ?
You will need to wait for the court to send you a hearing date! it can take a 3-4 months to get a hearing date from the court but if they sent you a hearing date, you can email the court to expedite your appeal but you need to provide evidence as to why they should do that.
My opinions should not be constituted as an immigration or legal advice.

nel_2019
Newly Registered
Posts: 16
Joined: Mon Dec 14, 2020 11:28 pm

Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Tue Jan 05, 2021 9:47 pm

TODMATT wrote:
Thu Dec 31, 2020 7:23 pm
nel_2019 wrote:
Thu Dec 31, 2020 7:17 pm
What if my appeal is not overturned by ECM?, how long would court hearing take ?
You will need to wait for the court to send you a hearing date! it can take a 3-4 months to get a hearing date from the court but if they sent you a hearing date, you can email the court to expedite your appeal but you need to provide evidence as to why they should do that.
is there any chance/ probability that it could be overturned by court ?

Fififadi
Member
Posts: 130
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: SPOUSE VISA REFUSAL

Post by Fififadi » Tue Jan 05, 2021 9:49 pm

Appeals generally take a long time but I think mine was 14 months due to Covid and the lockdown. The courts aren’t affected by this most recent lockdown as they have now adapted their processes to be able to deal with such since last year!

You will be waiting until at least March to hear back about a date and then the date will be for some time in the future. Hopefully they have gotten through the backlog but I do know of someone on this board who had the same timeline as me but is still waiting for a hearing date.

All the best!

nel_2019
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Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Tue Jan 05, 2021 9:59 pm

Fififadi wrote:
Tue Jan 05, 2021 9:49 pm
Appeals generally take a long time but I think mine was 14 months due to Covid and the lockdown. The courts aren’t affected by this most recent lockdown as they have now adapted their processes to be able to deal with such since last year!

You will be waiting until at least March to hear back about a date and then the date will be for some time in the future. Hopefully they have gotten through the backlog but I do know of someone on this board who had the same timeline as me but is still waiting for a hearing date.

All the best!
hi,
i appealed late dec, since my appeal relates to 320(11), is there any chance that my it could be overturned by judge?

Fififadi
Member
Posts: 130
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: SPOUSE VISA REFUSAL

Post by Fififadi » Tue Jan 05, 2021 10:18 pm

Very unlikely I’m afraid. 320(11) has rarely been overturned before a hearing. However, never say never.

Fififadi
Member
Posts: 130
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: SPOUSE VISA REFUSAL

Post by Fififadi » Tue Jan 05, 2021 10:21 pm

Sorry, you said judge. It will only go before a judge at your hearing. Before then it will go back to the ECM and ask them to review the decision again based on your appeal documents. If they want to exercise their discretion differently based upon your arguments they may overturn (very unlikely for 320(11)). They will then send their bundle including their review to you and the tribunal. That is when the tribunal will then lost you for a hearing.

nel_2019
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Posts: 16
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Re: SPOUSE VISA REFUSAL

Post by nel_2019 » Tue Jan 05, 2021 11:23 pm

Fififadi wrote:
Tue Jan 05, 2021 10:21 pm
Sorry, you said judge. It will only go before a judge at your hearing. Before then it will go back to the ECM and ask them to review the decision again based on your appeal documents. If they want to exercise their discretion differently based upon your arguments they may overturn (very unlikely for 320(11)). They will then send their bundle including their review to you and the tribunal. That is when the tribunal will then lost you for a hearing.
apologize if i didnt make myself clear, what i meant to say was since EMC might refuse me again, is there liklihood that the hearing could be overturned by judge based on my circumstance

thanks for ur kind advice

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TODMATT
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Re: SPOUSE VISA REFUSAL

Post by TODMATT » Wed Jan 06, 2021 7:39 am

Yes it can be overturned by the judge but you need good lawyer who has previously won cases of para 320(11).
My opinions should not be constituted as an immigration or legal advice.

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