Spouse visa for illegal entrant

Hi there, I am trying to get some advice about obtaining a spouse visa for an illegal entrant who has been in the UK for 8 years and now in a committed relationship with British citizen and want to legalise their stay. They have never been caught, applied for asylum and have no criminal convictions etc, and from what I can see the best option is to leave the country to go home and get married and then apply for spouse visa from there. From what I underatand the fact they are an illegal entrant is not grounds for refusal as there would need to be further aggravating circumstances which there isn’t, but was wondering if anyone else has had similar experience and visa been granted 1st time,or anyone in similar situation that have been refused? Keen to get the situation resolved and just trying to get as much information together as possible to help with this and looking to learn from others experiences. Fully aware they have done wrong in coming here illegally, but wanting to fix the situation,and open to all options that will be best way to do this. Thanks

HAve read through all the official documents and information and all other eligibility criteria would be fulfilled,including financial etc. Looking for some feedback from others who have been in similar position with the poor immigration history. Thanks

See also 320(11).

Yes been reading a lot about 320(11)and that’s the only concern as know all other eligibility will be met. From what I can see though 320(11) cannot be used only due to be being illegal entrant, and they would need proof of other aggravating circumstances in addition to this,is this correct? Or can they refuse only based on illegal entry and being here 8 years? Thanks

scotalb7 wrote: ↑

Sat Aug 15, 2020 5:58 am

Yes been reading a lot about 320(11)and that’s the only concern as know all other eligibility will be met. From what I can see though 320(11) cannot be used only due to be being illegal entrant, and they would need proof of other aggravating circumstances in addition to this,is this correct? Or can they refuse only based on illegal entry and being here 8 years? Thanks

I think illegal entry can be boldly interpreted and shouldn't be confused with overstay. The question is how did they enter UK? did they get documented at any time including their biometric data taken? Have they worked or recoursed to public funds while in UK and if so what identity did they use?

They were not documented and no biometric data has ever been taken whilst here. Never used NHS, or claimed any public funds and have never been caught working. Is illegal entry looked on worse than overstay when considering the visa? Thanks

Voluntarily leaving the country and coming back via the legal route will certainly work in your favour.

There's a family case I'm aware of where someone entered the UK under a false ID. Couldn't progress much so left the country. Applied for spouse and explained the circumstances as to WHY he entered at a young age (stupidity) and profusely apologised.

It is a risk with 320(11) and you may end up appealing and you need to cite you never used NHS nor was arrested.

It will work that way RATHER than staying here and applying.

Thanks for your reply bathanza, I have been reading your posts and your case.
Yes it would obviously be less stressful if the application could be done in the UK but what we can see the safest and less risky option would be to return home and apply for spouse visa from there. Obviously very worried though that it would be denied through 320(11) and would then have to endure a long appeals process and a long time apart. Just hoping that illegal entry alone (along with the pretty long length of stay) will not be enough grounds to refuse,and planning to write cover letters apologising and explaining that want to legally fix the situation,never used nhs etc.
I had read somewhere about someone who had been refused as they ‘suspected’ they had worked due to being here so long,is this possible, could they refuse on this basis using 320(11)? Or would they actually need proof and to have caught the person working to do this?
Thanks again!

scotalb7 wrote: ↑

Sat Aug 15, 2020 10:21 am

Thanks for your reply bathanza, I have been reading your posts and your case.
Yes it would obviously be less stressful if the application could be done in the UK but what we can see the safest and less risky option would be to return home and apply for spouse visa from there. Obviously very worried though that it would be denied through 320(11) and would then have to endure a long appeals process and a long time apart. Just hoping that illegal entry alone (along with the pretty long length of stay) will not be enough grounds to refuse,and planning to write cover letters apologising and explaining that want to legally fix the situation,never used nhs etc.
I had read somewhere about someone who had been refused as they ‘suspected’ they had worked due to being here so long,is this possible, could they refuse on this basis using 320(11)? Or would they actually need proof and to have caught the person working to do this?
Thanks again!

they can't just refuse you for suspecting they worked, they would have too back that up by looking at HMRC records, but one question will be "How did they sustain their stay in UK if they never worked". I think they would also need to explain that on the cover letter.
I think every case is different and depends on how much lady luck tilt's on them. Remember there is also a risk of them bumping into an immigration officer when leaving and if followed up may get an entry ban.
Ii have also seen a case of someone in another board who overstayed their stay for 7 years, managed to go home and came back on a spouse visa without even mentioning they were overstayers, obviously they had the guts i wouldn't risk.

Is that the case that they could ‘catch you’ when actually leaving the country? From what I know entry bans do not count when applying for a spouse visa either,so this shouldn’t be an issue?
Yes I think no point in pretending the circumstances haven’t happened so would be addressing that and definitely planning to write a cover letter to apologise and explain the circumstances. Just hoping this will be enough and obviously worried it could still be refused and will have to spend long time apart when trying to do the right thing to sort the situation! Most of the 320(11)s I have seen have had further aggravating factors involved but interested to know if anyone else has been refused without these as well? Thanks all!