Well if you were in the UK from 17 March till 1 October and left voluntarily then the concession may have applied to you. So I am interested to know when you left and when you applied.
I am sorry you got banned. I read this here:
http://www.ukvisas.gov.uk/en/ecg/chapte ... 0seventeen
It is guidance for Entry clearance officers:
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26.17.3 Do I have to accept an application from a person who has breached UK immigration laws?
Yes, you must continue to accept these applications. But you must automatically refuse the application under paragraph 320(7B) of the Rules unless rule 320(7B)
does not apply to the applicant (please read below).
So you can certainly apply.
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26.17.4 When does rule 320(7B) not apply? [Updated 9 July 2008]
Under paragraph 320(7C) of the immigration rules, You must also not refuse an applicant under 320(7B) if they are applying in the following categories:
Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiance(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relatvie (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:
The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).
What I dont know is whether having already been banned as a result of the visitor visa application you can get leave as a fiance. Also if you applied for visitor visa nad now want fiance visa ECO may get suspicious. More experienced memebrs on this forum may be able to shed further light on this matter.
Also I would personally like to ask a question to the forum as I do not understand what the concession is exactly:
Is it possible that
under the concession someone who overstayed and left voluntarily before 1 October 2008 could be refused for overstaying but not given a ban? ie. does the concession exempt one from a refusal as a consequence of overstying or does it only exempt one from the ban?
Or is it the case that since overstaying is to be met by an automatic ban under the postponed new rules the concession which means one is not banned also implies that one is not refused for overstaying under the concession? In other words I mean if you qualify for the concession you can't be refused for overstaying. Is that the case?
Note here again:
26.17.3 Do I have to accept an application from a person who has breached UK immigration laws?
Yes, you must continue to accept these applications. But you must automatically
refuse the application under paragraph 320(7B) of the Rules
unless rule 320(7B) does not apply to the applicant (please read below).
So if you qualify under the concession does it meanyou wont be refused for overstaying or does it just mean you wont be banned but could still be refused as usual? Please help me understand this as well as help the author of this post.
