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Plzzz comment and any sugesstions(john and others plz reply)

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

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maddi
Newly Registered
Posts: 5
Joined: Tue Feb 27, 2007 10:02 pm

Plzzz comment and any sugesstions(john and others plz reply)

Post by maddi » Wed Feb 28, 2007 10:43 am

You have applied for entry clearance to the United Kingdom as the spouse of
someone settled in the UK.
However I am not satisfied, on the balance of probabilities, that your application meets the requirements of
paragraphs 281/320, and in particular that
• I am not satisfied that each of the parties intend to live permanently with each other as husband and wife
or civil partners.
• I am not satisfied that you have observed the time limit and/or conditions attached to a previous grant of
leave to enter or remain in the United Kingdom and I am not prepared to exercise discretion in your favour.
• In the light of your character/conduct/associations I consider it undesirable to issue you an entry clearance
and I am not prepared to exercise discretion in your favour.
BECAUSE
You state that you met your wife on the internet whilst you were in the UK. You met on-line in February of this
year and met each other personally in May. You decided to get married and returned to India on 14
November 2006. You got married on 15 November 2006 and your wife returned back to UK almost
immediately. You have been in the UK illegally since your visa expired on 31 October 2004. You applied to
the Home Office for an extension but despite receiving a letter from the Home Office dated 18.12.04 stating
that your application for an extension had been refused and that you no longer had any right to stay in the UK
you deliberately overstayed. The letter clearly stated that you were liable to prosecution for an offence under
the Immigration Act 1971, the penalty for which was a fine of up to £2500 and/or up to 6 months imprisonment.
You told me that you ignored this letter and remained in the UK illegally until 14 November 2006 when you left
to get married. When asked why you deliberately overstayed you stated that you did not care. You and your
wife have not considered living in India because there are a lot of diseases and viruses in India and your wife
is pregnant. I consider that you have used marriage as a means to remain in the UK. I am not therefore
satisfied that each of the parties intend to live permanently with each other as husband and wife or civil
partners.
Because you remained in the UK illegally following the expiry of your student visa on 31 October 2004. I am
not satisfied that you have observed the time limit and/or conditions attached to a previous grant of leave to
enter or remain in the United Kingdom and I am not prepared to exercise discretion in your favour.
You have been in the UK illegally for more than two years. Although you have shown evidence of studies in
the UK you were not able to show me your own bank statements. You state that you only worked part time
but I do not find this credible given that you had to earn money to support yourself. In any case any
employment at all during the period you were in the UK without a visa was illegal. You have told me that you
. did not care that you were illegal. In the light of this admission, the fact that you ignored an instruction from
I the Home Office to leave the country and your character/conduct I consider it undesirable to issue you an entry clearance and I am not prepared to exercise discretion in your favour.
I have also taken account of the provisions of Article 8 of the Human Rights Act. I consider that refusing this
application is justified and proportionate in the exercise of the immigration control. I note that refusing this
application will not interfere with family life, for the purposes of Article 8 (1), which you can enjoy in India.
I therefore refuse your application.


I have appealed against this refusal and I also made a new application with more proofs of evidence of contact. My wife is 7 months pregnant it is really unsafe for her to be here in india might cause her and our unborn child life thretning diseases like malaria which are caused by mosquitos. Also my mother in law is very ill as her breast cancer has spreed to lungs,liver,soft tissue and brain and is an advanced stage, thts wat the doctors said. And my wife want to be with her mother coz is a critical sutuation.I provided all evidences for these and i also provided with more letters from family and friends about our relationship. My second application has been represented by lawyer.I gave the cards which which we got from other family members.

Plzzzzzzzzz comment on the refusal given to me and also plzzz comment on my new application.

Plzzz comment wat r the chances of appeal getting in our favour.

I also wish every who got their sopuse visa's have a happy and prosperous family life. Being in this situation is stressful hope no one have this sort of problem. And i dont understand why ECO treat everyone as dodgy I dont know how to make them understand that i love my wife and abt the situation i agreed i messedup my visa history.

I never said i dint care i said i dint care abt my life and i regrate for i done.

will b reli helpfull any advices

John and others please reply.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Feb 28, 2007 11:05 am

When asked why you deliberately overstayed you stated that you did not care.
You have told me that you did not care that you were illegal.
Did you really say those things?
John

maddi
Newly Registered
Posts: 5
Joined: Tue Feb 27, 2007 10:02 pm

thnks john tht is a quick reply

Post by maddi » Wed Feb 28, 2007 11:14 am

I explained her that i dint care abt my life coz i had heart attack in the same year b4 my visa got rejected.

maddi
Newly Registered
Posts: 5
Joined: Tue Feb 27, 2007 10:02 pm

Post by maddi » Wed Feb 28, 2007 11:18 am

and the ECO was really rude and was shouting on every applicant scaring them. And when i went to the counter for my interview i said hello and she dint even bother replying me.

I said i i dint care abt my life not tht i dint care about home office n also said i regrate for wat i done. I also said i am stupid for overstaying.

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