Post
by marcnath » Wed Dec 27, 2017 10:43 pm
Given that you are an overstayer now, you would fall under general grounds for refusal
unless the applicant:
(i) overstayed for-
(a) 90 days or less, where the overstaying began before 6 April 2017: or
(b) 30 days or less, where the overstaying began on or after 6 April 2017
and in either case, left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
If your overstay is less than 30 days, then you can leave UK and apply for a dependant visa from outside.
If I remember reading your case, you did have more than 12 months employment with more than 130 hours - it was just that you had not submitted those.
In your 2nd AR, I assume you used the argument of the guidance only requiring 120 hrs/month - did the AR response address that ?
Also did you raise the issue of evidential flexibility given that the additional period was in the FPS you submitted ? Was that also not accepted ?
I had assumed you had a greater than 50% chance of success in the 2nd AR, so am surprised that it did not go through.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
