should i appeal or submit new application??? pls help me ?

Hi,

My husband has been refused his visa on several grounds,
1) my income too low and they are not satisfied that we can manage without public resources
2)no contact evidence between us
3) not satidfied with accomodation
4) refused under 320 (11) as my husband was an overstayer since 2000 -2009.

I am really shocked with the refusals as i have always worked and bring home £648 weekly income, i am self employed and i believe that the accounts which my accountant did were not read and also my bank statements were not looked at as it clearly shows my weekly income.

i did not enclose any phone bills as we both traveled from uk in Nov, married in Dec and put the case through in Feb 2010. I thought the UK border agency did not need convincing of out committment as were proved that we were in a relationship when he was detained in the UK. (BUT THAT IS OBVIOUSLY MY MISUNDERSTANDING)

I live in my own private rented accomodation which i rent of my dad. all bills, council tax, electrol register details are in my name.

I wanted to submit a new case and provide all the proof from my side, however is it worth doing with the 320 refusal ground?esh application with reference to my circumstances as i have a job here and a daughter in the UK.

I was thinking of asking solicitor to draft a letter to go in with a fresh application??

Or could i appeal and also submit a new case also???

Can somebody plzzzzzz help and advise me.

Thank you xx

Especially as the reasons for refusal include para 320(11) it is best to appeal rather than submitting a new application.

You mention a solicitor. Particularly because of all those reasons for refusal it is important that you seek advice about the appeal and have representation at the appeal hearing.

Hi John,

Thanks for your kind response!!

Could i log the appeal from here in the UK by downloading the IFTA-2, and send off with the supporting documents?

When they re-look at the case would they not need the original documents i sent to my husband?

pls let me know
TA

Your husband is the visa applicant so it is he that needs to appeal. Obviously nothing to stop you, and/or your Solicitor, having input into that process.

You really do need to speak to an adviser in the near future, before the appeal is submitted. They really have "thrown the book at you", or rather at your husband.

you can cover all but 320(11) with a new application but as John as said, its better to appeal because of refusal 320(11) and all depends on the severity of what your husband has done whilst overstaying between 2000 and 2009.
what activities did he engaged in?
its worth getting a registered OISC to help you out with the apply before the 28days deadline.you can shield more light on his refusal 320(11) so others can offer ideas and experiences.

Hi,
thanks for your reply, hw was an overstayed from 2000-2009, he absconded from bail since 2000 so thats very severe. Apart from that he did not engage in anything else, nonfalsw documents, no criminal activity thank GOD!

I have covered all
my parts as the eco did not even go through my wage slips or my statements, also refused as no confirmation was given that my rent was ip to date!!! Wat rubbish!

Anyway I can only learn from this experience and pray for the best, I'm waiting for legal advice now.

Many thanks for taking the time to read and respond back xx

no criminal activity thank GOD!

You mean, no criminal activity, oh, apart from the skipping bail, and breaking immigration law by being an overstayer.

Have you actually read para 320(11)? Do you appreciate what you are up against? To assist :-

(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.

It is because of 320(11) being a reason for rejection, it is absolutely essential that you seek professional advice on this matter.

I have read the para of 320 (11) and I agree that his immigration history is poor, however my comment meant that he did not participate in any illegal activity apart from that. I have read some peoples cases which are more complicated than mine.

I have seeked legal advice and have been advised to submitt a new claim with more information regarding my employment and our relationship since 2006.

Anyway thanks for your reminders!!

I have seeked legal advice and have been advised to submitt a new claim with more information regarding my employment and our relationship since 2006.

Making a big mistake applying and providing new docs.

Youmight beable to provide fresh docs as far as yourself is concerned, but you cant do about anything about your hubbys abscondment.

This will alsmost lead to another refusal and thus you will have wasted more money.

Unless you can get someone to overturn teh S:320 bit you are simply going to get refused. Only way to do is to for you as teh spouse and sponsor to Appeal the decision and hope that it is overturned.

I know this is time consuming and lengthy procedure,but it is your best bet.

The deciosn is yours to make.Just remember you have 28 days to lodge appeal

Oh thanks for that advice I'm definately going to appeal now!!
However I wanted to ask if I could submitt another application too??? I'm in a good financial position so I will not be burdened by the expense.

I don't understand why the law centre would advise me not to appeal and to submitt a new case, never mind!!

best to appeal, as any new application will most likely to be refused on 320(11), as there aint no significant change in your husband circumstances, so your best bet is to lodge an appeal and get a solid solicitor to help you fight it.
I hope he never abscond police bail for any criminal offence? If he only asbcond from immigration bail, for being an immigration offender, then a good solicitor can always help in overturning this around, as you are in good financial position, is better to travel to your husband home country so you can keep enough evidence of contact between you two as its one of the refusal points also.
goodluck

seeking_advice wrote:Oh thanks for that advice I'm definately going to appeal now!!
However I wanted to ask if I could submitt another application too??? I'm in a good financial position so I will not be burdened by the expense.

I don't understand why the law centre would advise me not to appeal and to submitt a new case, never mind!!

You can make another application whilst your appeal is going on, but I dont see the point in doing that for reasons i have explained above.Trying to prove everything apart from the S:320 is easy and you would have no problem in doing that by providing evidence at hearing ,rather than reapplying.

As for teh advice you have recieved from teh law centre will all depend how experience the advisor was. I would advise you that you seek advice from Immigration specialists such as UKIAS or JCWI rather than law centres and a number of solicitors.

It is not impossible for your hubby to join here, but it will depend on a good specialist Immigration advisor. Good luck

my thoughts on this are to appeal, and provide fresh evidence (of everything before te date of application) and point out the mistakes of overlooking your bank statements and everything so they can overturn the other grounds of refusal, so you can concentrate on fighting the 320 11 in court.
We appealed with extra evidence to prove our marriage was subsisting and event hought they still withheld the 320 11 , they conceded that our marriage is subsisting.
My opinion is your better off putting everything you got in an appeal, than bother dividing your time between appeal and application.

Hi. Just wanted to say thanks to you guys, I have submitted an appeal through an immigration specialist.

I wanted to ask if anyone has had/ know of the decision for refusal in 329 (11) overturned at administative review??? I personally think it's unlikely but I wanted to ask if this has happened.

Also can anyone advise on realistic time lengths of the hearing date?
Many thnx

http://www.tribunals.gov.uk/ImmigrationAsylum/

Everything you want to know is on here.

Appeals on average take 6 months and if you are sucesful then another 3-4 months before your hubbys visa is granted and he will be able to join you here in UK