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I overstayed for 3 months then 2 applications to ramain were refused, I did not appeal or went to court and I left UK in September 2018, applying next week spouse visa. I don't see any aggravated circumstances in my case. Any suggestions or advice for me?Appeal32011 wrote: ↑Fri Dec 07, 2018 6:54 pmHi,
I won my appeal for a 320 (11) immigration offence today. The judge overruled the decision of the first tier tribunal, saying there was an error of law, and instructed the ECO to make a new decision by exercising some discretion. For 320 (11) offenders in a similar situation, who may want some guidance from my experience, please see a timeline of case below:
February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.
April 2017: Put in an application for UK spouse visa
July 2017: Application refused on 320 (11) grounds. Overstaying was the breach, going to university was the aggravating circumstance.
August 2017: Sent appeal bundle to ECM
December 2017: ECM refuses to overturn, tribunal date set for August 2018.
August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me) and I guess this was why we lost. I appealed the decision straightaway using a Barrister. New appeal date set for December.
December 2018: Won upper tier appeal. Judge was very positive. He said there's a clear error of law and that the first tier judge had made a wrong decision. He said that he will put this into writing and instruct ECO to make a new decision, and exercise discretion.
My questions:
1) How long does it usually take the ECO to make a new decision (hopefully exercising some discretion)
2) I have decided to part ways with my Barrister for now, due to very high legal fees. Should I send additional cover letter to home office apologising and feeling remorse for overstaying and studying, and pleading that they exercise discretion in their new decision?
3) How likely are they to refuse my application again, based on a new reason? (By the way, They had previously said that I meet every other requirement )
Kindly keep your questions on your application in your own topic you already have instead of tagging onto another members thread.Alam- wrote: ↑Sun Dec 09, 2018 11:49 amI overstayed for 3 months then 2 applications to ramain were refused, I did not appeal or went to court and I left UK in September 2018, applying next week spouse visa. I don't see any aggravated circumstances in my case. Any suggestions or advice for me?Appeal32011 wrote: ↑Fri Dec 07, 2018 6:54 pmHi,
I won my appeal for a 320 (11) immigration offence today. The judge overruled the decision of the first tier tribunal, saying there was an error of law, and instructed the ECO to make a new decision by exercising some discretion. For 320 (11) offenders in a similar situation, who may want some guidance from my experience, please see a timeline of case below:
February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.
April 2017: Put in an application for UK spouse visa
July 2017: Application refused on 320 (11) grounds. Overstaying was the breach, going to university was the aggravating circumstance.
August 2017: Sent appeal bundle to ECM
December 2017: ECM refuses to overturn, tribunal date set for August 2018.
August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me) and I guess this was why we lost. I appealed the decision straightaway using a Barrister. New appeal date set for December.
December 2018: Won upper tier appeal. Judge was very positive. He said there's a clear error of law and that the first tier judge had made a wrong decision. He said that he will put this into writing and instruct ECO to make a new decision, and exercise discretion.
My questions:
1) How long does it usually take the ECO to make a new decision (hopefully exercising some discretion)
2) I have decided to part ways with my Barrister for now, due to very high legal fees. Should I send additional cover letter to home office apologising and feeling remorse for overstaying and studying, and pleading that they exercise discretion in their new decision?
3) How likely are they to refuse my application again, based on a new reason? (By the way, They had previously said that I meet every other requirement )
I hope you get reply from Hope Office soon.
Appeal32011 wrote: ↑Thu Feb 28, 2019 9:14 pmI received an email from Home office on Sunday. They finally overturned the refusal based on 320 (11) and asked me to submit my passport. I have three final questions:
A) The email did not say anything about paying NHS fee. Do I have to pay it?
i think they might will ask you seperately to pay this
B) The email said I needed an updated tuberculosis test. The previous one is already expired. Will I be refused entry into the UK if I don’t have an updated one?
this is must. (but wait for others to respond in line with your existence in Belgium.
C) I have since moved to Belgium since my first refusal. I now have a residence card in Belgium. Can I travel to my home country (Nigeria) where I applied for the British spouse visa, get the visa stamp on my passport, come back to Belgium, and then enter Britain from Belgium?
Yes this would be your right course of action.
My final timeline
February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.
April 2017: Put in an application for UK spouse visa
July 2017: Application refused on 320 (11) grounds.
August 2017: Sent appeal bundle to ECM
December 2017: ECM refuses to overturn, tribunal date set for August 2018.
August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me). New appeal date set for December.
December 2018: Won upper tier appeal.
February 2019: HO overturned refusal. Received letter to submit my passport
Usually travelling out to UK during the appeal proceedings leads to withdrawal of appeal. You should have informed to UKVI when moving abroad.Appeal32011 wrote: ↑Wed Apr 17, 2019 10:19 pmHello,
I won my uk spouse visa appeal after waiting for over a year. I have since moved out of the country I made the application and settled into an European country. I received an email about 2 months ago, saying I should submit my passport to the embassy I made the application. Travelling all the way back to the country I made the application seems like a hassle.
Has anyone been in this situation? Can I send the passport my mail or through a next of kin?
OP applied for a spouse visa from abroad that was refused and appealed from home country not the UK!!!seagul wrote: ↑Thu Apr 18, 2019 12:58 pmUsually travelling out to UK during the appeal proceedings leads to withdrawal of appeal. You should have informed to UKVI when moving abroad.Appeal32011 wrote: ↑Wed Apr 17, 2019 10:19 pmHello,
I won my uk spouse visa appeal after waiting for over a year. I have since moved out of the country I made the application and settled into an European country. I received an email about 2 months ago, saying I should submit my passport to the embassy I made the application. Travelling all the way back to the country I made the application seems like a hassle.
Has anyone been in this situation? Can I send the passport my mail or through a next of kin?