OK having read your comments, your matter is a complicated one.Harpz wrote:Ok, Here goes:
You have applied for an entry clearance to join your sponsor in the united kingdom for settlement. I have considered your application under paragraph 281 of the united kingdom immigration rules. Furthermore the circumstances your application has led me to consider your application under paragraph 320 (11) of the rules.
"As evidence of your marriage to the sponsor you have provided a marriage certificate. This certificate shows that you both were previously unmarried. However, as stated in your visa application form and an additional endorsement on your marriage certificate shows that you were both previously married and divorced. I am aware in India, marriage certificates differ in format from state to state. The documents and any additional endorsements cannot be easily verified. Therefore we mostly rely on supporting documents such as divorce certificates. I note that you both have not provided any divorce certificates. I am therefore not satisfied that you have contracted a legal marriage. I am therfore not satisfied that you are not married to a person who is present and settled in the united kingdom. (Paragraph 281 (i) of HC 395 as amended)
On 27th April 2005 you were granted entry clearance as a visitor valid until 27th October 2005. You travelled to the UK with your previous spouse on 7th May 2005. I note that you have returned to India only on 15th January 2010. You were in breach of your previous leave granted to you . I am satisfied that this conduct is consistent with that described in entry clearance guidance chapter 26. 18 (link to chapter that does not work) as having contrived in a significant way to frustrate the itentions of immigration rules.
Your application therfore one that, according to paragraph 320 (11) of the immigration rules, should normally be refused. I have considered the circumstances of your application as a person as a person who is present and settled in the UK. However, on balance I am not satisfied that your particular circumstances are of a sufficently compelling nature to justify my granting your application, having regard to the fact that it should normally be refused.
I have therefore refused your application because i am not satisfied, on the balance of probabilities that you meet all the requirements of the above paragraph(s) of the immigration rules.
Ok, Batleykhan. When we registered the marriage we stupidly ticked we were unmarried at the time of marriage instead of divorced. When we showed our solicitor he said no you have to get that amended to that you were both divorced so we went back to the court and had to give statements and get them attested and get the certificate amended. We got the marriage certificate endorsed and signed by the Judge. We then waited a week so their systems were updated with the amendment. Once it was and were given 100% guarantee from the court that system has been updated we then submitted our application so if they needed to verify the endorsement they could.
We DID submit both our divorce certificates.
This is why I think they wanted to refuse because of his past immigration history and used an excuse to do so.
What do you think Batleykhan?
The complication is a result of your naeivity not to give the correct information on the application.
Had you done this you would have only been refused under S: 281, which with a bit of help can be rectified easily .
However the ECO did not look at this way. He is of the opinion that you have not only blatantly lied about your divorce, but having dug deep into your husbands past applications, he has noticed that whilst ona visitors visa, your husband absconded and thus illegally overstayed 4-5 years.
He has combined both these factors and thuus refused your husband under S:320 (11)therefore making it very very difficult for your husband to get any visa at all.
In a way you can say that ,yes the ECO has solely refused your husband on his past record of overstaying and not telling the truth.This is what S:20 (11) states
(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.
You can still appeal against the decision and yes there is a possibility that on appeal the decision maybe overturned and your husband will eventually get a visa, but just like he has frustrated the ECO, the boot is now on the other foot.
You need to seek proper and profesional advice from a good solicitor on this because of its complexity.
The only way to overturnthe decsion is to appeal and pary and hope the judge agreed with you.
Good luck as you will certainly need it.
