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UK spouse visa refusal under 320(11)

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

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pinksunflower
Newly Registered
Posts: 18
Joined: Tue Sep 10, 2019 12:39 pm
Australia

Re: UK spouse visa refusal under 320(11)

Post by pinksunflower » Mon Jun 14, 2021 1:14 pm

hi dec25, thanks for sharing you experience. I'm wondering how it went at the hearing. hope you were successful
dec25 wrote:
Tue Mar 16, 2021 11:55 am
Hi

Hope you're well.

My timeline from the the month of lodging appeal are as follows.

Appeal lodged: 2nd week of September 2020
Notice of appeal received: 2nd week of December 2020
Received hearing date for April 2021(exact date purposely not disclosed) on 1st week of February 2021

So, in my case it has taken around 8 months to finally get a hearing date.

Hope that helps you a little bit.

I really do hope you will get your hearing date soon.

All the best.

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Wed Jun 16, 2021 12:28 pm

Hello everyone!

I hope you all are keeping well and safe.

I was thinking of updating with my appeal case but some reason I became unable to do so. Here I am going to let you know all. I have some good news. My appeal has been allowed on human rights grounds.

I was little bit worried incase home office will appeal against but thankfully and luckily by the grace of almighty God, I have received overturned email from home office. This is potentially the best news thus far in my life.

I would like to let you know my timeline in briefs.

Appeal hearing : 2nd week of April 2021
Appeal allowed: 2nd week of May 2021
Overturned email received from HO: 2nd week of June 2021


The full history you can get if you go through this thread from the beginning.

I would like to thank you everyone in the forum asking me with my cases and helping and suggesting me throughout this journey. I am so greatful to you all.

I would like to thank to the admin team for creating such a wonderful platform where we all are sharing our stories and getting help with zero amount of costs. I really do appreciate it.

Now I have few questions to ask you please. I have received overturned email saying I will receive an email to pay the ihs fees in 7 days. But I have never received ihs refund since I made my application. I had paid £1200 for the ihs and I think ihs fees has gone up now. Do they mean that I will have to pay the additional amount?

I am in a big delima now.

Please help me with this.

Thank you so much.

nel_2019
Newbie
Posts: 49
Joined: Mon Dec 14, 2020 11:28 pm

Re: UK spouse visa refusal under 320(11)

Post by nel_2019 » Sun Jun 20, 2021 8:35 am

dec25 wrote:
Wed Jun 16, 2021 12:28 pm
Hello everyone!

I hope you all are keeping well and safe.

I was thinking of updating with my appeal case but some reason I became unable to do so. Here I am going to let you know all. I have some good news. My appeal has been allowed on human rights grounds.

I was little bit worried incase home office will appeal against but thankfully and luckily by the grace of almighty God, I have received overturned email from home office. This is potentially the best news thus far in my life.

I would like to let you know my timeline in briefs.

Appeal hearing : 2nd week of April 2021
Appeal allowed: 2nd week of May 2021
Overturned email received from HO: 2nd week of June 2021


The full history you can get if you go through this thread from the beginning.

I would like to thank you everyone in the forum asking me with my cases and helping and suggesting me throughout this journey. I am so greatful to you all.

I would like to thank to the admin team for creating such a wonderful platform where we all are sharing our stories and getting help with zero amount of costs. I really do appreciate it.

Now I have few questions to ask you please. I have received overturned email saying I will receive an email to pay the ihs fees in 7 days. But I have never received ihs refund since I made my application. I had paid £1200 for the ihs and I think ihs fees has gone up now. Do they mean that I will have to pay the additional amount?

I am in a big delima now.

Please help me with this.

Thank you so much.



Hi,

Big congratulations to you, I’m happy that u guys got your visa after all this lengthy process and hardship. I’m in the same situation as you. We refused because hubby was illegal entry and removed by public expense. We having our hearing in July. Don’t you mind telling me how your hearing went via video call and what questions the home office asked or the judge and how much preparation you did before the hearing? Very nervous !!!
😬

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Sun Jun 20, 2021 6:11 pm

Hi,

Thank you so much. Yes, indeed, it was a very stressful journey going through this hardships every day. Finally got through this. So relived now.

Our hearing on video link went ok. The signal was ok. In my case I was the applicant so HO took my evidence first. My spouse had to step out while I was questioned. HO asked me lots of questions regarding the exceptions of my spouse and myself living in my home country and so on and so forth. I tried my very best to answer HO. My spouse was asked the same questions but I didn't have to step out whilst she was giving her statements. Our key points and arguments matched the same, but HO was not that convinced and satisfied. They never say they are happy with our statements anyway.

The judge didn't ask us anything. I belive, the judge found us a credible witness and stayed quiet.

My application was refused on making frivolous application and removed at public expense but HO didn't ask anything about what were the reason behind making those frivolous application also didn't ask anything about my removal.

I entered the UK lawfully and I also requested for the volunterly departure but HO didn't pay attention. We met all the rest of the requirements of spouse visa.

I hope you will be successful soon too.

I wish you all the very best.

nel_2019
Newbie
Posts: 49
Joined: Mon Dec 14, 2020 11:28 pm

Re: UK spouse visa refusal under 320(11)

Post by nel_2019 » Mon Jun 21, 2021 6:02 am

dec25 wrote:
Sun Jun 20, 2021 6:11 pm
Hi,

Thank you so much. Yes, indeed, it was a very stressful journey going through this hardships every day. Finally got through this. So relived now.

Our hearing on video link went ok. The signal was ok. In my case I was the applicant so HO took my evidence first. My spouse had to step out while I was questioned. HO asked me lots of questions regarding the exceptions of my spouse and myself living in my home country and so on and so forth. I tried my very best to answer HO. My spouse was asked the same questions but I didn't have to step out whilst she was giving her statements. Our key points and arguments matched the same, but HO was not that convinced and satisfied. They never say they are happy with our statements anyway.

The judge didn't ask us anything. I belive, the judge found us a credible witness and stayed quiet.

My application was refused on making frivolous application and removed at public expense but HO didn't ask anything about what were the reason behind making those frivolous application also didn't ask anything about my removal.

I entered the UK lawfully and I also requested for the volunterly departure but HO didn't pay attention. We met all the rest of the requirements of spouse visa.

I hope you will be successful soon too.

I wish you all the very best.

Thank you so much for the information requested. May I ask what you mean by regarding the “exceptions of my spouse and myself living in my home country” if u don’t mind informing me explicitly. Plus did you know before hand what they were talking about or u had to wait till hearing to know the questions they were asking you! It’s nerve wrecking !!!! I hope is pass this horrible phase too!

Thanks again.

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Mon Jun 21, 2021 6:17 pm

HO wanted my spouse to come and live with me in my home country and I raised the difficulties of my spouse come over and stay with me and HO asked me what are the difficulties? HO said, You want to be together. Why you want to come to the UK to be together, why can't you be living together in your home country? HO made a big circle of questions regarding this and I managed to answer with few these points.

-Language barrier
-Cultural background
-My spouse family and friends

I didn't know anything before hand. HO asked me those questions during hearing. I was not expecting that. I was prepared with my immigration history and my removal but I was not asked anything about that.

My spouse part was very little. HO didn't ask her much. I would advice you to focus on the same things I was asked and also make sure you and your hubby's key points and arguments are the same.

Good luck for you. I hope to hear a good news from you soon.

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Tue Jun 22, 2021 2:13 am

Hi everyone!

I hope you all are safe and well.

Something unexpected happened in my case. I received an overturned email first and later got an email to pay IHS fees. I have never received the IHS fees refund since I made an application in February 2020. I was thinking of my IHS reference number retains the same in HO system and I won't have to pay the IHS fees. But I am requested to pay IHS fees in 3 days otherwise the application will be refused.

I am shocked and little bit frustrated with this system. Also I went through the link and the amount I have to pay now is the same amount I had paid earlier. And the IHS fees has gone up now. I am worried Incase HO play again saying fees has gone up and I haven't made sufficient payment.

What should be the best option to do for me please. Should I request HO that I haven't received the refund so ask HO to use the same IHS reference number or should I make a payment now and ask for the refund later?

Any advice and suggestions would be greatly appreciated.

Many thanks.

THO
Member of Standing
Posts: 405
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: UK spouse visa refusal under 320(11)

Post by THO » Tue Jun 22, 2021 1:38 pm

You probably received a stock letter, and that your application will not fail if you do nothing, since you have paid and no refund has been sent. Is the email one you can reply to, if so, email them and send payment ref number you have, with a note saying IHS fee paid already.

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Wed Jun 23, 2021 5:59 pm

Hi THO!

Thank you for your helpful reply. I had been sent IHS top up link to make a payment on a subject " immigration health surcharge payment needed." I have emailed them with my previous IHS reference number which I have never received a refund.

I have heard nothing yet apart from automatic reply.

TODMATT
Diamond Member
Posts: 1170
Joined: Wed Jun 13, 2012 1:09 pm

Re: UK spouse visa refusal under 320(11)

Post by TODMATT » Wed Jun 23, 2021 7:50 pm

dec25 wrote:
Wed Jun 23, 2021 5:59 pm
Hi THO!

Thank you for your helpful reply. I had been sent IHS top up link to make a payment on a subject " immigration health surcharge payment needed." I have emailed them with my previous IHS reference number which I have never received a refund.

I have heard nothing yet apart from automatic reply.
If it was me, I would pay for the IHS top up fee to avoid delay and ask for refund later.
My opinions should not be constituted as an immigration or legal advice.

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Thu Jun 24, 2021 1:02 am

Thank you TODMATT for your reply. I really appericiate it.

I was thinking about doing as you said but unlucky me. I clicked top up payment link and later decided to get home and do it. When I sat and tried to pay it the link stopped working. It said top up payments link has been cancelled.

I have emailed them requesting the top up payment link be sent and I still have not heard anything except automatic replay.

What a stressful time. I really wanted to avoid delays and pay the fees now and ask for the refund later.

Waiting for them to come up with any of my two emails reply- another payment link be sent or if they could use the previous IHS payments.

TODMATT
Diamond Member
Posts: 1170
Joined: Wed Jun 13, 2012 1:09 pm

Re: UK spouse visa refusal under 320(11)

Post by TODMATT » Thu Jun 24, 2021 6:22 am

dec25 wrote:
Thu Jun 24, 2021 1:02 am
Thank you TODMATT for your reply. I really appericiate it.

I was thinking about doing as you said but unlucky me. I clicked top up payment link and later decided to get home and do it. When I sat and tried to pay it the link stopped working. It said top up payments link has been cancelled.

I have emailed them requesting the top up payment link be sent and I still have not heard anything except automatic replay.

What a stressful time. I really wanted to avoid delays and pay the fees now and ask for the refund later.

Waiting for them to come up with any of my two emails reply- another payment link be sent or if they could use the previous IHS payments.
Email them and they will send you another top up key. I would also suggest you explain the situation.

IHS.Sheffield@fco.gov.uk
My opinions should not be constituted as an immigration or legal advice.

Rimi99
Newly Registered
Posts: 10
Joined: Thu Sep 06, 2018 9:37 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by Rimi99 » Mon Jun 28, 2021 12:19 pm

dec25 wrote:
Wed Jun 16, 2021 12:28 pm
Hello everyone!

I hope you all are keeping well and safe.

I was thinking of updating with my appeal case but some reason I became unable to do so. Here I am going to let you know all. I have some good news. My appeal has been allowed on human rights grounds.

I was little bit worried incase home office will appeal against but thankfully and luckily by the grace of almighty God, I have received overturned email from home office. This is potentially the best news thus far in my life.

I would like to let you know my timeline in briefs.

Appeal hearing : 2nd week of April 2021
Appeal allowed: 2nd week of May 2021
Overturned email received from HO: 2nd week of June 2021


The full history you can get if you go through this thread from the beginning.

I would like to thank you everyone in the forum asking me with my cases and helping and suggesting me throughout this journey. I am so greatful to you all.

I would like to thank to the admin team for creating such a wonderful platform where we all are sharing our stories and getting help with zero amount of costs. I really do appreciate it.

Now I have few questions to ask you please. I have received overturned email saying I will receive an email to pay the ihs fees in 7 days. But I have never received ihs refund since I made my application. I had paid £1200 for the ihs and I think ihs fees has gone up now. Do they mean that I will have to pay the additional amount?

I am in a big delima now.

Please help me with this.

Thank you so much.
Hi dec25 I am on the same boat as you and I am from nepal too I wanted to ask that were you allowed to give your evidence by video from nepal because I have adjourned my hearing they say I need to get approval from my country court and it's long process...how did you manage to get that?

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)- Successful Appeal

Post by dec25 » Mon Jun 28, 2021 12:50 pm

Hi Rimi99,

Hope you are well. Glad to know that you are from Nepal too.

Yes, I was on the video link and provided my evidence from Nepal. You need approval from back home country court? I am really sorry I am unware of that.

In my case, I got a hearing date and it was conducted via video link. My spouse was also on video link in the UK. So does my barrister. That was it.

I don't think you need approval from home country court unless circumstances has been changed recently.

Hope you will get your hearing date soon and get through this.

I wish you all the best.

Take care.

Rimi99
Newly Registered
Posts: 10
Joined: Thu Sep 06, 2018 9:37 am
Nepal

Re: UK spouse visa refusal under 320(11)- Successful Appeal

Post by Rimi99 » Mon Jun 28, 2021 2:06 pm

dec25 wrote:
Mon Jun 28, 2021 12:50 pm
Hi Rimi99,

Hope you are well. Glad to know that you are from Nepal too.

Yes, I was on the video link and provided my evidence from Nepal. You need approval from back home country court? I am really sorry I am unware of that.

In my case, I got a hearing date and it was conducted via video link. My spouse was also on video link in the UK. So does my barrister. That was it.

I don't think you need approval from home country court unless circumstances has been changed recently.

Hope you will get your hearing date soon and get through this.

I wish you all the best.

Take care.
Hi thanks for your reply I got next date for 9th july is it ok if you could provide me your email or contact no. So that I could get more detail as you are still in nepal...if you are comfortable it would really help me and congratulation for your case.

sakichichi
Newbie
Posts: 33
Joined: Tue Feb 12, 2019 1:38 am
Mood:

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Tue Aug 03, 2021 3:37 am

HI

I'm so sad my hearing was gone postpone. Because my solicitor doesn't know about the overseas evidence need to provide by the home country government. May I ask, how long did you wait for the permit from your country?

My original hearing date is at the end of July, and then now I need to wait for next month for the new hearing date... so sad...

Melody

dec25
Newbie
Posts: 44
Joined: Sat Dec 26, 2020 10:33 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by dec25 » Tue Aug 03, 2021 6:06 am

Hi,

I am sorry to hear that your hearing date has been adjourned.

I didn't need any approval or evidence from home country. My hearing was conducted via video link in April. I provided my statement/ evidence by myself not from home country official. I am unware about that you need evidence from home country official. It must be new requirements now then.

Hopefully you will get your hearing date soon.

Wish you all the best.

sakichichi
Newbie
Posts: 33
Joined: Tue Feb 12, 2019 1:38 am
Mood:

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Tue Aug 03, 2021 8:57 am

Thank you for your reply.

That should be a new request from the tribunal. My solicitor just knows it when the hearing beginning. So sad we wait for the hearing date for about half a year already. :cry:

Hope everything gone smoothly later.
Good luck to me.

thanks so much.
Melody

Rimi99
Newly Registered
Posts: 10
Joined: Thu Sep 06, 2018 9:37 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by Rimi99 » Wed Aug 04, 2021 12:28 pm

sakichichi wrote:
Tue Aug 03, 2021 8:57 am
Thank you for your reply.

That should be a new request from the tribunal. My solicitor just knows it when the hearing beginning. So sad we wait for the hearing date for about half a year already. :cry:

Hope everything gone smoothly later.
Good luck to me.

thanks so much.
Melody
Hi sakichichi,

I know I have been through same as you at my hearing and this rule took place since January but
Only few were asked i think that it's our barristers fault of being over smart as in my case he was the one who ask the judge about new rule then only HO object to take evidence without permission from home country and believe me its long and stressful process I emailed everywhere possible but again I was back to the same , at initial phase u will need to get letter from tribunal but as it's new process they will refer another email...and again when u get
In touch with another it's viceversa...so i proceed my hearing on july 2nd week without my evidence (still waiting for the result) as i waited nearly 18 month plus you need to pay your barrister again if u adjourn ...so..good luck with the process...

sakichichi
Newbie
Posts: 33
Joined: Tue Feb 12, 2019 1:38 am
Mood:

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Thu Aug 05, 2021 1:49 am

Hi Rimi99

At this moment, my solicitor still checking how to apply for the permit. Look like they are very new in this rule. It is very unfair to us. The judge stopped the hearing because we don't have the permit, even my husband is on the screen, the judge is not allowed to ask him any question because of the rules.

Therefore, now I need to waiting something I don't know, hope my solicitor knows how to apply for the permit. Hopefully, we will get the next hearing date at the end of this month.

Wishing every black luck is gone.

Rimi99
Newly Registered
Posts: 10
Joined: Thu Sep 06, 2018 9:37 am
Nepal

Re: UK spouse visa refusal under 320(11)

Post by Rimi99 » Thu Aug 05, 2021 10:13 am

sakichichi wrote:
Thu Aug 05, 2021 1:49 am
Hi Rimi99

At this moment, my solicitor still checking how to apply for the permit. Look like they are very new in this rule. It is very unfair to us. The judge stopped the hearing because we don't have the permit, even my husband is on the screen, the judge is not allowed to ask him any question because8
Therefore, now I need to waiting something I don't know, hope my solicitor knows how to apply for the permit. Hopefully, we will get the next hearing date at the end of this month.

Wishing every black luck is gone.
Hi ,
Good luck with that but I tried for 3 months and got nothing first step is to get sealed order from tribunal and after that you need to send that sealed order through diplomatic channel to your home country please email at foreignprocess.rcj@justice.gov.uk
If you enquire here they will respond you explaining the process and they are very prompt, but the main issue is with tribunal they don't respond on time and also they are not so sure if they are responsible to issue sealed order which is the first step as per foreign process team ..😂😂..so that was the reason I proceed without evidence from home country.

nel_2019
Newbie
Posts: 49
Joined: Mon Dec 14, 2020 11:28 pm

Re: UK spouse visa refusal under 320(11)

Post by nel_2019 » Fri Aug 13, 2021 4:57 pm

Hi everyone.

Wondering what happens after appeal is allowed. How long would it take for home office to ask to submit passport?

Thanks

nel_2019
Newbie
Posts: 49
Joined: Mon Dec 14, 2020 11:28 pm

Re: UK spouse visa refusal under 320(11)

Post by nel_2019 » Fri Aug 13, 2021 5:01 pm

Rimi99 wrote:
Wed Aug 04, 2021 12:28 pm
sakichichi wrote:
Tue Aug 03, 2021 8:57 am
Thank you for your reply.

That should be a new request from the tribunal. My solicitor just knows it when the hearing beginning. So sad we wait for the hearing date for about half a year already. :cry:

Hope everything gone smoothly later.
Good luck to me.


Hey

Did u have your hearing in July 2021 and have u got any updates. Did ur solicitor tell about the time frame?

thanks so much.
Melody
Hi sakichichi,

I know I have been through same as you at my hearing and this rule took place since January but
Only few were asked i think that it's our barristers fault of being over smart as in my case he was the one who ask the judge about new rule then only HO object to take evidence without permission from home country and believe me its long and stressful process I emailed everywhere possible but again I was back to the same , at initial phase u will need to get letter from tribunal but as it's new process they will refer another email...and again when u get
In touch with another it's viceversa...so i proceed my hearing on july 2nd week without my evidence (still waiting for the result) as i waited nearly 18 month plus you need to pay your barrister again if u adjourn ...so..good luck with the process...

nel_2019
Newbie
Posts: 49
Joined: Mon Dec 14, 2020 11:28 pm

Re: UK spouse visa refusal under 320(11)

Post by nel_2019 » Fri Aug 13, 2021 10:23 pm

dec25 wrote:
Mon Jun 21, 2021 6:17 pm
HO wanted my spouse to come and live with me in my home country and I raised the difficulties of my spouse come over and stay with me and HO asked me what are the difficulties? HO said, You want to be together. Why you want to come to the UK to be together, why can't you be living together in your home country? HO made a big circle of questions regarding this and I managed to answer with few these points.

-Language barrier
-Cultural background
-My spouse family and friends

I didn't know anything before hand. HO asked me those questions during hearing. I was not expecting that. I was prepared with my immigration history and my removal but I was not asked anything about that.

My spouse part was very little. HO didn't ask her much. I would advice you to focus on the same things I was asked and also make sure you and your hubby's key points and arguments are the same.

Good luck for you. I hope to hear a good news from you soon.
Hey,
Hope your well, I was wondering if u could help and let me know how long did it take to get email to submit passport once appeal is allowed ?

sakichichi
Newbie
Posts: 33
Joined: Tue Feb 12, 2019 1:38 am
Mood:

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Mon Aug 16, 2021 3:29 am

nel_2019 wrote:
Fri Aug 13, 2021 5:01 pm
Rimi99 wrote:
Wed Aug 04, 2021 12:28 pm
sakichichi wrote:
Tue Aug 03, 2021 8:57 am
Thank you for your reply.

That should be a new request from the tribunal. My solicitor just knows it when the hearing beginning. So sad we wait for the hearing date for about half a year already. :cry:

Hope everything gone smoothly later.
Good luck to me.


Hey

Did u have your hearing in July 2021 and have u got any updates. Did ur solicitor tell about the time frame?

thanks so much.
Melody
Hi sakichichi,

I know I have been through same as you at my hearing and this rule took place since January but
Only few were asked i think that it's our barristers fault of being over smart as in my case he was the one who ask the judge about new rule then only HO object to take evidence without permission from home country and believe me its long and stressful process I emailed everywhere possible but again I was back to the same , at initial phase u will need to get letter from tribunal but as it's new process they will refer another email...and again when u get
In touch with another it's viceversa...so i proceed my hearing on july 2nd week without my evidence (still waiting for the result) as i waited nearly 18 month plus you need to pay your barrister again if u adjourn ...so..good luck with the process...
HI nel_2019

I hope you everything is well.

So sad, black luck still follows me. Last week my solicitor told me I got the next hearing date but the barrister was not available on that day. Therefore I need to change another hearing date, till now I still waiting for the date.

Otherwise, my solicitor still asking for permission from the overseas witness of my hearing. I'm very confused about this part. He often said he is hesitant to ask the china authority, but I don't why, and he doesn't explain this to me.

I will try to ask him again for everything, will update tonite.

Sakichi

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