Spouse Visa Refused with no right of Appeal

africanchild · Post by **africanchild** » Thu Mar 25, 2010 11:45 pm

Hi all...

I was on a 2 yr student visa and i got married last october,we got married in the church and got our marriage certificate then applied for the spouse visa while i still had leave to remain.
The application was returned as invalid cus the check i sent bounced,i resent a new application as instructed but then i got another letter sayin i have been refused the spouse visa base on the notion that i have overstayed my visa which i not true as my visa ran out while my application was in progress and i had no intention of overstaying.
I was told that i have no right of appeal and i should leave the country so i went down to immigration to sort out the paperwork to leave the country as i already had tickets for me,my wife and her parents for a 2 week holiday.
I have made an appoinment to visit the british high comission in my home country to submit a fresh application for entry clearance but I have been by a friend that since immigration is saying that i overstayed i will get listed as an immigration offender thus makin it impossible to get entry clearance for at least a year.

I need some advice on what to do from here..

Thanks in advance

mochyn · Post by **mochyn** » Fri Mar 26, 2010 12:15 am

If you apply for a spousal visa in your own country then your overstaying will not count against you.
You will not be banned for one year as you were told

africanchild · Post by **africanchild** » Fri Mar 26, 2010 10:26 am

thanks mate...

Lynnuk · Post by **Lynnuk** » Fri Mar 26, 2010 1:13 pm

Hi

7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

(ii) a fiancÃ©(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or

(b) where the individual was under the age of 18 at the time of his most recent breach of the UK's immigration laws.

Casa · Post by **Casa** » Fri Mar 26, 2010 1:16 pm

The 1 year ban as you've already been advised, doesn't apply in your situation.

Lynnuk · Post by **Lynnuk** » Fri Mar 26, 2010 1:22 pm

Casa wrote:The 1 year ban as you've already been advised, doesn't apply in your situation.

Yes you were advised right but no proper immigration rule or guideline was quoted.So I did

Clear and concise

africanchild · Post by **africanchild** » Fri Mar 26, 2010 7:35 pm

thanks all..

I have been to citizens advice who referred me to a solicitor who said that since i have been served with a notice under the immigration act 1971 ,It will be used against me so I should take all my paper work showing that i didnt overstay and that my leave to remain ran out while my application was in progress to immigration and try to get the notice lifted....

once again thank you for your comments..

stay blessed

mochyn · Post by **mochyn** » Fri Mar 26, 2010 7:49 pm

africanchild wrote:thanks all..

I have been to citizens advice who referred me to a solicitor who said that since i have been served with a notice under the immigration act 1971 ,It will be used against me so I should take all my paper work showing that i didnt overstay and that my leave to remain ran out while my application was in progress to immigration and try to get the notice lifted....

once again thank you for your comments..

stay blessed

You need to remind your solicitor about paragraph 320 7C (1) where it states that as you are applying under a spousal visa your overstaying is not a condition that can be used against you.
As everything in life there is good and bad and that includes solicitors

moma · Post by **moma** » Wed Mar 31, 2010 6:01 pm

honestly the decision to ignore u are a overstayer is at the discretion of the ECO. so don't take the fact that u could be refused for granted.I would advise u to take everything u have. The returned application and any correspondence from the HO with u refer to it in ur application. give a clear explanation of why u overstayed and provide them with the evidence to back ur claim. don't leave anything to chance i did and ended up going for a hearing.hope this helps and it is my opinion its upto u what u do.

mochyn · Post by **mochyn** » Wed Mar 31, 2010 6:14 pm

moma wrote:honestly the decision to ignore u are a overstayer is at the discretion of the ECO. so don't take the fact that u could be refused for granted.I would advise u to take everything u have. The returned application and any correspondence from the HO with u refer to it in ur application. give a clear explanation of why u overstayed and provide them with the evidence to back ur claim. don't leave anything to chance i did and ended up going for a hearing.hope this helps and it is my opinion its upto u what u do.

There is no discretion involved

Read the rules as posted above and you will see that the Home office rules clearly state what rules need to be followed

moma · Post by **moma** » Wed Apr 07, 2010 9:35 am

well i am just talking that from experience i just got back after applying for my visa and i was refused on the basis that i contrived to frustrate the rules cos i was an overstayer.on the basis of 320(11) even though 320 7c says different.be very vigilant whatever u do dont give them a reason to refuse ur application thus prolonging ur stay.

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Spouse Visa Refused with no right of Appeal

Spouse Visa Refused with no right of Appeal