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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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

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

UK spouse visa refusal under 320(11)

Post by dec25 » Sat Dec 26, 2020 1:00 pm

Hi there,

I was refused my human right claims under immigration rules 320(11) by ECO. The rest of the requirements were fulfilled.
The refusal mainly based on:
1- Making several frivolous application to frustrate the removal from the united kingdom.
2- Finally removed from the united kingdom at public expenses.

-I had made an application after 2 years of my removal.
-Got an appeal right.
-Lodge an appeal 3 months ago.
-Received an acknowledgement of the appeal notice.

I would really appreciate it if anyone could tell me the chances of getting succeed on appeal hearing on such a case.
Many thanks,
Regards,

vinny
Moderator
Posts: 30518
Joined: Tue Sep 25, 2007 7:58 pm

Re: UK spouse visa refusal under 320(11)

Post by vinny » Sat Dec 26, 2020 1:19 pm

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.

TODMATT
Diamond Member
Posts: 1157
Joined: Wed Jun 13, 2012 1:09 pm

Re: UK spouse visa refusal under 320(11)

Post by TODMATT » Sat Dec 26, 2020 1:23 pm

dec25 wrote:
Sat Dec 26, 2020 1:00 pm
Hi there,

I was refused my human right claims under immigration rules 320(11) by ECO. The rest of the requirements were fulfilled.
The refusal mainly based on:
1- Making several frivolous application to frustrate the removal from the united kingdom.
2- Finally removed from the united kingdom at public expenses.

-I had made an application after 2 years of my removal.
-Got an appeal right.
-Lodge an appeal 3 months ago.
-Received an acknowledgement of the appeal notice.

I would really appreciate it if anyone could tell me the chances of getting succeed on appeal hearing on such a case.
Many thanks,
Regards,
You need a strong immigration lawyer who has won cases relating to 320(11) previously to help you with your case.
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 » Sat Dec 26, 2020 3:21 pm

It looks like the refusal under immigration rule 320(11) is forever frustrating.

Thank you vinny for link and thank you TODMATT for the advice. I really appreciate that.

Have you got any idea how long does it take to get hearing date after getting acknowledgement of notice of appeal?

If you could tell me in brief how does this work, I would be so much grateful.

Many thanks.

TODMATT
Diamond Member
Posts: 1157
Joined: Wed Jun 13, 2012 1:09 pm

Re: UK spouse visa refusal under 320(11)

Post by TODMATT » Sat Dec 26, 2020 6:05 pm

dec25 wrote:
Sat Dec 26, 2020 3:21 pm
It looks like the refusal under immigration rule 320(11) is forever frustrating.

Thank you vinny for link and thank you TODMATT for the advice. I really appreciate that.

Have you got any idea how long does it take to get hearing date after getting acknowledgement of notice of appeal?

If you could tell me in brief how does this work, I would be so much grateful.

Many thanks.
Appealing a decision relating to 320(11) can be very lengthy process and you have to very patient in the process. The tribunal usually send your notice of appeal to the HO and it is then review by senior caseworker but appeal of 320(11) will not be overturn except if you go to the court and it will take around 15 weeks there after you will get a message from the court to attend hearing.
My opinions should not be constituted as an immigration or legal advice.

khan1992
Newbie
Posts: 39
Joined: Wed Jan 16, 2013 12:41 pm
Location: birmingham

Re: UK spouse visa refusal under 320(11)

Post by khan1992 » Sat Dec 26, 2020 8:53 pm

dec25 wrote:
Sat Dec 26, 2020 3:21 pm
It looks like the refusal under immigration rule 320(11) is forever frustrating.

Thank you vinny for link and thank you TODMATT for the advice. I really appreciate that.

Have you got any idea how long does it take to get hearing date after getting acknowledgement of notice of appeal?

If you could tell me in brief how does this work, I would be so much grateful.

Many thanks.
Hi dec25

I am going through the same process at the moment.
Appeal was lodged in Jan...still waiting for a hearing date, its a long and sluggish.

Depends on your individual circumstances, I have read cases where the immigration history was messy to say the least, refused under 320 11 however on appeal was successful.

One of the main points is they will ask why you cannot live in your home country. You should have good legal representation who can make a good case for you ( good representation doesn't mean the most expensive)

Can i ask from which country are you applying?

Obie
Moderator
Posts: 15002
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: UK spouse visa refusal under 320(11)

Post by Obie » Sat Dec 26, 2020 10:52 pm

Making frivolous application cannot justify separating a person from their family.
Especially if the relationship is genuine.

Do you have a child with the British Citizen?
Smooth seas do not make skilful sailors

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 Dec 27, 2020 4:24 am

It looks like the refusal under immigration rule 320(11) is forever frustrating.

Thank you vinny for link and thank you TODMATT for the advice. I really appreciate that.

Have you got any idea how long does it take to get hearing date after getting acknowledgement of notice of appeal?

If you could tell me in brief how does this work, I would be so much grateful.

Many thanks.


Hi dec25

I am going through the same process at the moment.
Appeal was lodged in Jan...still waiting for a hearing date, its a long and sluggish.

Depends on your individual circumstances, I have read cases where the immigration history was messy to say the least, refused under 320 11 however on appeal was successful.

One of the main points is they will ask why you cannot live in your home country. You should have good legal representation who can make a good case for you ( good representation doesn't mean the most expensive)

Can i ask from which country are you applying?

Hello khan1992,

I am sorry to hear that you are going through the same.

Thanks for the information. My wife is British citizen and I don't think its fair for them to say to live in my home country without her. We both can't see the future living apart.

I made an application from Nepal on Feb 2020 after more than 2 years of my removal.
Got refusal on Sep 2020.
Appeal lodged on Sep 2020.

Received an acknowledgement of appeal notice on the second week of Dec 2020.

Now waiting for the hearing date just hoping to be it soon.

If you don't me asking which country have you applied from?

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 Dec 27, 2020 4:50 am

Making frivolous application cannot justify separating a person from their family.
Especially if the relationship is genuine.

Do you have a child with the British Citizen?


Hi Obie,
Thank you for your time.

I have also come to know that making frivolous application won't effect to join their beloved one where there is a genuine relationship established.

I have not had a child yet.

I am really worried about my removal at public expenses. I had made my application after more than 2 years of my removal thinking incase there could be a ban for couple of years.

Do you think could it be a reason to dismiss the appeal on hearing day taking the issue of removal at public expenses?

Many thanks.

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 Dec 27, 2020 4:56 am

It looks like the refusal under immigration rule 320(11) is forever frustrating.

Thank you vinny for link and thank you TODMATT for the advice. I really appreciate that.

Have you got any idea how long does it take to get hearing date after getting acknowledgement of notice of appeal?

If you could tell me in brief how does this work, I would be so much grateful.

Many thanks.


Appealing a decision relating to 320(11) can be very lengthy process and you have to very patient in the process. The tribunal usually send your notice of appeal to the HO and it is then review by senior caseworker but appeal of 320(11) will not be overturn except if you go to the court and it will take around 15 weeks there after you will get a message from the court to attend hearing.


Thank you TODMATT for your valuable reply and explanation regarding the appeal process relating to 320(11).

I really do appreciate that.

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 Jan 07, 2021 7:14 am

Hi there,

If anyone could tell me about the IHS refund after the UK spouse visa refusal, do they refund the IHS fees along with refusal or sometimes they won't. In my case, I got refusal 7 months ago. The application made from outside the UK. The IHS money is not refunded yet. I have appealed the decision.

Do I have to make an enquiry about that or simply I can wait until I get my hearing outcome.

If anyone can advice me on that, I would really appreciate that.

Regards,

AmazonianX
Diamond Member
Posts: 2352
Joined: Tue Jun 11, 2019 1:09 pm

Re: UK spouse visa refusal under 320(11)

Post by AmazonianX » Thu Jan 07, 2021 7:24 am

dec25 wrote:
Thu Jan 07, 2021 7:14 am
Hi there,

If anyone could tell me about the IHS refund after the UK spouse visa refusal, do they refund the IHS fees along with refusal or sometimes they won't. In my case, I got refusal 7 months ago. The application made from outside the UK. The IHS money is not refunded yet. I have appealed the decision.

Do I have to make an enquiry about that or simply I can wait until I get my hearing outcome.

If anyone can advice me on that, I would really appreciate that.

Regards,
Probably because action is still going on that relates to that same application and as it retains same reference number their is stay on refund of IHS.
When your appeal succeeds then no need to repay IHS fees.

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 Jan 07, 2021 8:01 am

Thanks AmazonianX! I don't just have to get worried about that then. Waiting for the hearing date hoping to be listed soon.

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

Re: UK spouse visa refusal under 320(11)

Post by Fififadi » Thu Jan 07, 2021 10:24 am

Hi

Hope you’re well.

I think you will be able to overturn this at a hearing provided you gave good representation.

My husbands visa was also refused under 320(11) in October 2019. We just had our hearing last month and waiting for the outcome.

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 » Thu Jan 07, 2021 11:06 am

Hi Fififadi!

Thanks for sharing your stories.

I have appealed on Sep 2020 so I will have to expect waiting much more time to get hearing date then right?
You have waited more than a year to get your hearing date as per you have said. I have only received the acknowledgement letter of appeal notice where they have said I supposed to expect the respondent bundle within 14 days, also I will have to prepare with my bundle after getting the respondent one first in 28 days after.

It's already been 20 days now and we still have not heard anything from respondent yet.

Hopefully the good news is coming your way. You never know. let us know the outcome once you hear from them.

Good luck for you.

Fififadi
Member
Posts: 138
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: UK spouse visa refusal under 320(11)

Post by Fififadi » Thu Jan 07, 2021 3:39 pm

dec25 wrote:
Thu Jan 07, 2021 11:06 am
Hi Fififadi!

Thanks for sharing your stories.

I have appealed on Sep 2020 so I will have to expect waiting much more time to get hearing date then right?
You have waited more than a year to get your hearing date as per you have said. I have only received the acknowledgement letter of appeal notice where they have said I supposed to expect the respondent bundle within 14 days, also I will have to prepare with my bundle after getting the respondent one first in 28 days after.

It's already been 20 days now and we still have not heard anything from respondent yet.

Hopefully the good news is coming your way. You never know. let us know the outcome once you hear from them.

Good luck for you.
Hi

Yes - my process has taken over a year but Covid has a part to play in the delay also as courts were closed during the initial lockdown. This time they are more equipped to deal with remote hearings, so provided they have dealt with the backlog, you may not experience too much of a delay. Having said that - it is in itself a lengthy process.

15 weeks are given to HO to review and change or stick to original decision - this is 15 weeks from the date of your notice of appeal. After this, if the decision is upheld, the tribunal will send both parties a notice of hearing. My 15 weeks were up on 1st April but I didn't get this notification until November with a hearing date for December.

I will update this page once I hear back!

Keep us updated on your progress also.

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 Jan 07, 2021 4:44 pm

Hi Fififadi!

Thanks for sharing your stories.

I have appealed on Sep 2020 so I will have to expect waiting much more time to get hearing date then right?
You have waited more than a year to get your hearing date as per you have said. I have only received the acknowledgement letter of appeal notice where they have said I supposed to expect the respondent bundle within 14 days, also I will have to prepare with my bundle after getting the respondent one first in 28 days after.

It's already been 20 days now and we still have not heard anything from respondent yet.

Hopefully the good news is coming your way. You never know. let us know the outcome once you hear from them.

Good luck for you.


Hi

Yes - my process has taken over a year but Covid has a part to play in the delay also as courts were closed during the initial lockdown. This time they are more equipped to deal with remote hearings, so provided they have dealt with the backlog, you may not experience too much of a delay. Having said that - it is in itself a lengthy process.

15 weeks are given to HO to review and change or stick to original decision - this is 15 weeks from the date of your notice of appeal. After this, if the decision is upheld, the tribunal will send both parties a notice of hearing. My 15 weeks were up on 1st April but I didn't get this notification until November with a hearing date for December.

I will update this page once I hear back!

Keep us updated on your progress also.




Hi

Thank you so much for explaining how this does work out. So for me, I will have to wait for another 15 weeks since I just have received the acknowledgement letter of Notice of Appeal.

I am a bit confused about one thing though. I have received this letter by saying respondent must provide their bundle not later than 14 days after this Notice of Appeal and also not later than 28 days after the respondent’s bundle is provided, or 42 days after the Notice of Appeal, whichever is the later the appellant must provide an Appeal Skeleton Argument.

Does this whole period count to 15 weeks then? I mean, could this whole procedures take 15 weeks?

If you could make me clear on that, that would be much appreciated.

And for yourself, a very good luck for the positive outcome, you deserve!

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 Feb 09, 2021 1:50 pm

Hello everyone!

I hope you are keeping well and safe yourselves.

I thought I'd like to let you all know about a little progress on my appeal. I really do hope, for those who are having really hard times waiting so long especially relating refusal under 320(11) might get some positivity from this. I still have long way to go and I am not just done yet but here I am sharing with you guys.

I have finally received the court hearing date.

The timeline of this whole process from the beginning are as follows.

Application submitted: February 2020
Refusal received: August 2020
Appealed: September 2020
Notice of appeal received: December 2020
Received hearing date for April 2021

Hope you all get your hearing date very soon in this way.

Thank you.

THO
Member of Standing
Posts: 403
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: UK spouse visa refusal under 320(11)

Post by THO » Tue Feb 09, 2021 2:38 pm

What is the basis for your appeal? What new information have you got that you did not provide that will make them look at your case in a different light, or what did they miss when they reviewed your case in the first place and refused your visa?

As far as I can see, if all you are doing is asking them to reconsider because you think it was unfair, and it is not right you should not be allowed to join your wife, I can't see how you will succeed. I hope I have missed something that suggests you have a case to make.

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 Feb 09, 2021 4:30 pm

Hi THO,

Thank you for your reply.

You are assuming right. My appeal grounds is based on- I should be allowed to join my spouse where there all the requirements were fulfilled. It would be unjustified separating a person to their family.

One thing to clarify though, I am not rushing myself in believing that I will win the case, of course I won't stop hoping about positive outcome to come. I have posted my timeline for the people who have been waiting for almost a year or more to get hearing date. So, I thought I might be a help for them so that they could be less anxious and stressed out thinking about getting their hearing date.

I understand it is really tough to overcome but at the same time I can't stop hoping something good to happen. God willing.

Thank you.

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

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Mon Mar 15, 2021 4:01 am

Hello all,

My husband and me is now waiting for the hearing date. Our appeal letter from the court comfirm in January 2021.

Accroding to yours message, seem like i may need to waiting for more 3 months to have the hearing date from the court.

May I ask someone who get the hearing date, how many months still need to wait until to the hearing?

Many thanks,
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 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.

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

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Wed Mar 17, 2021 2:54 am

Hello

Thank you for your reply :D
My timeline is:

Appeal application: first week in Dec 2020
Receive tribunal letter: first week in Feb 2021

Till now, I'm still waiting for the hearing date.
I feel so nervous :( :( :(

Anyway, thank you for your timeline.
Even though my solicitor, they have no idea how long to wait for the hearing date.
Your ref. is very useful.

Many thanks and goodluck for us.
Melody

Putins_Lover
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Russia

Re: UK spouse visa refusal under 320(11)

Post by Putins_Lover » Mon Mar 22, 2021 11:17 pm

hi Melody) Is there any news?

So appeal 30 March 2021
Nothing else) just reading your posts

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

Re: UK spouse visa refusal under 320(11)

Post by sakichichi » Wed Mar 24, 2021 6:46 am

Hello Putins

Still haven't got any news.
I think almost get the hearing date soon.
because the court charge my hearing fees in Feb,
and IHS was refunded the fee to me in Mar.
Hopefully the hearing date not far :cry: :cry: :cry:

Good luck to you, do you hiring a solicitor to help you on appeal?

Melody

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