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Success!!! 320(7B) Concession of 30.05. helped. :-)))

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Olga808
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Success!!! 320(7B) Concession of 30.05. helped. :-)))

Post by Olga808 » Thu Jun 12, 2008 8:12 am

I thought I would post a new topic, though this directly relates to the following topics:

http://www.immigrationboards.com/viewtopic.php?t=26980
http://www.immigrationboards.com/viewtopic.php?t=27143

I got my visa, finally. Anyone out there being away from their loved ones know how difficult it is to be in this situation. It feels amazing to know that I'll be back with my husband soon.

In a nutshell I overstayed my student visa by 3 years. Got back to my home country in Feb 2008. Applied for a settlement visa in April, got rejected a month later, submitted appeal and a yet another month later the original decision was overturned and I got entry clearance. Hurray.

When the concession was issued on 30.05 , the question was whether me overstaying by 3 years would be considered as 'significantly contrived to frustrate the immigration rules', apparently it is not. My visa was initially rejected solely under 320 (7B), we were fearing to be waiting for 9months-a year.

Our lawyer did help us a lot and sent 3 sets of legal representations to the embassy, first the appeal, then 2 addressing concessions of 15.05 and 30.05. I would advice anyone in a similar situation to get a good lawyer.

I wish all the very best luck and success for all of those in a similar situation! Please believe in your success, despite it being hard sometimes stay optimistic.

:) Also thank you very much all those posting replies and providing advice on this site!
[/b]

chibage
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Post by chibage » Thu Jun 12, 2008 10:39 am

CONGRATULATIONS OLGA!!!! WELL DONE :D :D :D :D :D :D

jei2
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Location: London

Post by jei2 » Thu Jun 12, 2008 2:31 pm

Woo-hoo!! Well done Olga, fantastic news! I hope you're back with your husband very soon.

You clearly fell into that category that the ECOs have been instructed to grant entry clearance to if they were refused solely on 7A and if the decision was made after 1 April 2008.

It's a pity that the ECOs have been told they have no obligation to reconsider unless the applicant requests it. Your persistence will hopefully encourage others in the same situation who have no idea that entry clearance is waiting for them.

Stick around - I suspect you'll be much in demand for a while longer.
Oh, the drama...!

Olga808
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Post by Olga808 » Thu Jun 12, 2008 3:28 pm

Thank you Jei2 and Chibage (not knowing your names)! I have been reading your posts, they are of great help. I found out from the post made by Chibage about the consession and immediately asked my lawyer to request reconsideration. One surely needs to be persistent in this matter.

It's strange how amazing it feels to have a stamp in my passport.
:D :D I got a phone call from the embassy on Tuesday and on Wednesday I was there to get the visa, in case they change their mind :roll: Traveling back next week now.

Once again :D :D :D

chibage
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Post by chibage » Thu Jun 12, 2008 3:39 pm

Olga perhaps one day I will be as lucky as you and "feel the feeling" you talking about.lol Bet you will be smiling to yourself sat in your seat on the aeroplane (I know i would)lol Good luck with everything else :D

Wanderer
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Ireland

Post by Wanderer » Thu Jun 12, 2008 3:44 pm

Otlichno!
An chéad stad eile Stáisiún Uí Chonghaile....

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Thu Jun 12, 2008 4:37 pm

Congratulations Olga! Best of luck to you and your husband :D

jei2
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Location: London

Post by jei2 » Thu Jun 12, 2008 4:58 pm

Of course I'm referring to 7b above and not 7a - don't want to raise any hopes unecessarily!
Oh, the drama...!

farneybunny
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Post by farneybunny » Thu Jun 12, 2008 10:01 pm

Olga,

did they ask you anything at the airport when u left UK?

Olga808
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Post by Olga808 » Fri Jun 13, 2008 2:44 pm

farneybunny wrote:Olga,

did they ask you anything at the airport when u left UK?
No, I went through as if nothing was wrong. I was travelling with my passport, where last visa expired in 2005.

My lawyer had informed Home Office few days before I left the UK, saying that I intend to leave UK voluntarily. I also had a letter from my lawyer stating the same and also explaining that I am leaving to marry British citizen, etc. I did not use that letter as no questions were asked.

Hope this helps

farneybunny
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Post by farneybunny » Fri Jun 13, 2008 4:00 pm

Good to hear that....which airport did you leave from?

Olga808
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Post by Olga808 » Sat Jun 14, 2008 6:38 am

From Heathrow on a Sunday, by BA.
I had been told that it was more strict there than at other airports, maybe I just fluked through :roll:

carlabeach
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Post by carlabeach » Sat Jun 14, 2008 6:48 pm

olga i am happy for you!!!!!!! good news
one question.
where did you take the lawyer in your country or in england?

Olga808
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Post by Olga808 » Sun Jun 15, 2008 11:48 am

We started getting ready in the UK and accordingly found a lawyer in the there as well. When I was travelling back we had nearly all docs ready.
It is better to deal with a professional who has dealt with your particular country beforehand, however this is not neccessary.

IRYNA
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Location: rb

Post by IRYNA » Sun Jun 15, 2008 12:11 pm

POZDRAVLIAU!!!!!!!!!!!!!!!
im almost in the same situation as you are. im going put my application next week with my husband. Such post give a hope for me and the people in same situations.

yaelhitch
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Post by yaelhitch » Sun Jun 15, 2008 1:39 pm

hi i am putting in a new application after my husband was declined for overstaying. do you think in the application we should make a statment saying we are applying under the new conession rule. he overstayed a student visa for 1 year.

Olga808
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Post by Olga808 » Sun Jun 15, 2008 4:06 pm

yaelhitch wrote:hi i am putting in a new application after my husband was declined for overstaying. do you think in the application we should make a statment saying we are applying under the new conession rule. he overstayed a student visa for 1 year.
Hi yaelhitch
I think you should mention it, anyway it will not do any harm. ECOs should not refuse your case this time solely for overstaying, but it's better to remind them tactfully.

When we applied we submitted few pages of legal representations our lawyer wrote. Thereafter, after appealing we kept asking our lawyer to fax further representations for the embassy after each concession was published (15.05 and 30.05).

Wish you best of luck!

Olga808
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Posts: 13
Joined: Mon May 26, 2008 10:54 am
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Post by Olga808 » Sun Jun 15, 2008 4:13 pm

IRYNA wrote:POZDRAVLIAU!!!!!!!!!!!!!!!
im almost in the same situation as you are. im going put my application next week with my husband. Such post give a hope for me and the people in same situations.
Spasubo Iryna! :)

I am glad it gives hope as it is out there. Suppose it has been a turbulent period for those affected by new rules of 01.04. I am glad they have been changed.

Good luck to you.

yaelhitch
Junior Member
Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

Post by yaelhitch » Sun Jun 15, 2008 8:53 pm

Thanks guys. We did have a lawyer for our first application but we cannot afford one this time. But knowing they cannot refuse him just becasue he overstayed is good news as this was always a worry when we first applied. Much luck to everyone i cant believe how useful this website has been to me and my husband thankyou

beever
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Post by beever » Fri Sep 05, 2008 10:55 pm

hi olga and others,

do you know contact of a good immigration solicitor? pls pm me.

many thanks

sally12345
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Joined: Wed Sep 19, 2007 10:37 pm
Location: london

Re: Success!!! 320(7B) Concession of 30.05. helped. :-)))

Post by sally12345 » Mon Sep 08, 2008 10:01 pm

Olga808 wrote:I thought I would post a new topic, though this directly relates to the following topics:

http://www.immigrationboards.com/viewtopic.php?t=26980
http://www.immigrationboards.com/viewtopic.php?t=27143

I got my visa, finally. Anyone out there being away from their loved ones know how difficult it is to be in this situation. It feels amazing to know that I'll be back with my husband soon.

In a nutshell I overstayed my student visa by 3 years. Got back to my home country in Feb 2008. Applied for a settlement visa in April, got rejected a month later, submitted appeal and a yet another month later the original decision was overturned and I got entry clearance. Hurray.

When the concession was issued on 30.05 , the question was whether me overstaying by 3 years would be considered as 'significantly contrived to frustrate the immigration rules', apparently it is not. My visa was initially rejected solely under 320 (7B), we were fearing to be waiting for 9months-a year.

Our lawyer did help us a lot and sent 3 sets of legal representations to the embassy, first the appeal, then 2 addressing concessions of 15.05 and 30.05. I would advice anyone in a similar situation to get a good lawyer.

I wish all the very best luck and success for all of those in a similar situation! Please believe in your success, despite it being hard sometimes stay optimistic.

:) Also thank you very much all those posting replies and providing advice on this site!
[/b]
Hiya Olga 808 well done I am happy for you :D :D :D you must be very overjoyed right about now! it just goes to show that if you are honset and have good legal help that is passionate then you can get throught it.

I am leaving nect week to get married and apply for my overstayer partner to come back and reading this post gives me some hope I must admit. By bigest fear is the long period of being apart as we have a child and it could become very upsetting for her. but lets hope that it does not come to that hey! God is good.... so fingers crossed again well done and enjoy yor life as a whole now :D

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