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Refused 320 11. Help?

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benjames
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Refused 320 11. Help?

Post by benjames » Wed Jun 12, 2019 3:11 pm

Hi guys, new here. Run out of options and need some advice and help to point me in the right direction.

My girlfriend came to the U/K 8 years ago, legally, as a student when we met. After her university course, she continued to stay (illegally) and worked part time (illegally)
For personal reasons, she applied for a Asylum (whilst being here illegally) but she was refused. So we applied for the FLR visa, but unfortunately she was also refused that :( In total she over-stayed for 6 years, but the majority of that time was spent applying for the Asylum (&appealling it) and for the FLR.

So, she departed the u/k a few months ago, after the FLR refusal and we applied for a spouse visa. We planned to get married this coming July in the u/k. I already booked the venue on the strength of this visa being granted. The wedding confirmation was included in the application. We thought we were safe under the Appendix FM regarding her over staying.

YET again, we refused for 320(11). After endless researching across the internet, am i right to say that the HO need a aggravating circumstance to refuse, being just overstaying and applying for asylum & FLR isn't enough to refuse because there aren't any aggravating circumstances, nor none was listed on the refusal letter.

We have met all aspects of the appendix FM.

Given the fact there are NO aggravating issues, is there any point appealing? Has anybody been in this similar position where the HO have given no aggravating circumstances? Im at a loss where to go from here.

Much appreciated

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CR001
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Re: Refused 320 11. Help?

Post by CR001 » Wed Jun 12, 2019 3:18 pm

???

member/Joe3474/

immigration-for-family-members/spouse-v ... l#p1791559

Multiple Usernames (click)
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

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Char (CR001 not Casa)
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benjames
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Re: Refused 320 11. Help?

Post by benjames » Wed Jun 12, 2019 3:26 pm

Sorry, i do not understand the reply.

??? ??

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CR001
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Re: Refused 320 11. Help?

Post by CR001 » Wed Jun 12, 2019 3:34 pm

Why have you registered a second username to ask the same question? Multiple usernames are not permitted on the forum.
Char (CR001 not Casa)
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benjames
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Re: Refused 320 11. Help?

Post by benjames » Wed Jun 12, 2019 3:43 pm

Second question? This is my only question that i need any advice and help on, regarding our chances of over turning this decision.

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Re: Refused 320 11. Help?

Post by vinny » Wed Jun 12, 2019 3:49 pm

You are posting a similar question as member/Joe3474/, from the same IP address!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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CR001
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Re: Refused 320 11. Help?

Post by CR001 » Wed Jun 12, 2019 3:50 pm

benjames wrote:
Wed Jun 12, 2019 3:43 pm
Second question? This is my only question that i need any advice and help on, regarding our chances of over turning this decision.
You and the username posted above and below are both posting from the exact same static IP address with the exact same question, circumstance and refusal.

Please decide which username you wish to keep.

member/Joe3474/
Joe3474 wrote:
Wed Jun 12, 2019 12:59 pm
My partners spouse visa was refused under 320(11) for previously contrived to frustrate immigration rules.

My partner entered into U.K 7 years ago on a student visa.
The university ended his course after 1 year due to bad attendance. He therefore overstayed and continued to work until the HO eventually caught up with him.

A few weeks prior to that, he claimed for Asylum but was refused. We appealed and lost.

Based on solicitors advice, we then applied for a FLR visa. Was refused. Did not appeal. He returned voluntarily to Sri Lanka August 2018.
We then Submitted spouse visa February 2019. Refused this week.

My question is, is there any room here for an appeal. They did not give any aggravating circumstances (as there aren't any), which i though they had to have to refuse an application along with 320(11).
He was just a refusedl on ''previously contrived to frustrate immigration rules''.

We meet financial requirement and they believe that we a in a genuine relationship.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

benjames
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Re: Refused 320 11. Help?

Post by benjames » Wed Jun 12, 2019 3:55 pm

By the time you've replied to me, you could have easily helped or advised! I'll find alternative help, thanks for your time, your advise has been valuable

Good day

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