Adverse Immigration histry 322(3) How Long Do I have to Wait

[shelleyfbh]

I had been on a Tier 4 Student Visa but had to interrupt my PhD Studies for financial and personal reasons. Within the allowed 60 days time I left the UK as a Tier 4 Student and re-entered with as a Tourist Visa.
I was planning on re-applying from my home country to resume my studies in September but in the meantime wanted to stay in England with my fiancé until it was time I return home to reapply for a Tier 4 Visa (we aren't getting married until 2015).
While in the country as a Tourist, I I was networking (talking with different people, trying to line up part-time work for when I returned as a student)
Well, long story short - my Tourist Visa was curtailed under Paragraph 9 322(3) Breached Conditions Attached to my Leave.... I legitimately didn't know talking to people about future work opportunities was viewed as working - but it is, and I was given 28 days to leave the UK and return to my home country - which I did, and at my own expense.
This happened in February 2014, and I left England in March 2014. What I need to know please is how long I need to wait to apply to re-enter the UK. I don't know if I should try to re-enter under a Tier 4 Visa so I can resume my studies or if we should move our wedding date up and try to apply for a fiancé visa.
Any help is appreciated. I know Paragraph 9, 320 (7B) does not apply for fiancé visa's - but can't find any reference to how long I have to wait for 322(3) or if a fiancé visa over-rules this as well. Thanks very much

[Amber]

For spouse leave to enter:

Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

[shelleyfbh]

Thank you, I saw that - but I'm afraid I don't understand what that means - since my visa was curtailed under 322(3) does that mean I can apply under fiancé visa or does it mean I cannot? And is there a waiting period before I apply assuming I can reapply, or am I banned from returning for life? Sorry, it's just not clear to me what the ruling means...too many double negative statements, or I suppose I'm just too close to the situation that I can't decicpher what this means)... it's been a couple months and I'm still in a tailspin. thanks

[Amber]

You should be ok to apply for spouse leave to enter as there doesn't appear to be:

other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re- documentation process.

[shelleyfbh]

thank you very much, you've no idea how distressing this has been. Do you know if there's a waiting period at all or can we submit the paperwork as soon as we have made wedding arrangements? You've been a big help, and I know there's no guarantees but at least I've got some hope.

[shelleyfbh]

Hello Amber

I'm terribly sorry to trouble you on this matter again... As I had left at my own expense and within the required timeframe when my tourist visa was curtailed under 322(3) - am I able to re-enter the country under any means other than a fiancé visa?

For instance, can I get on a plane and attempt to clear customs and enter as a visitor? It's been 2 months now since I was told I had to leave - OR is there a minimum wait time that I need to adhere to either because of the student visa curtailment or the fact I had been in the UK for 2.5 years studying prior to this.
OR
Could I reapply for a Student Visa even with this adverse history?

I'm concerned what the repercussion might be if I was denied entry at the airport when trying to clear customs.

Oh, the reason I'm asking is because we are unable to move the wedding date ahead to comply with the timelines of the fiancé visa, so I am trying to decide how to best go abaout this.

Thanks Amber,

[Amber]

Unlikely if you overstayed more than 90 days.

[shelleyfbh]

Unlikely if you overstayed more than 90 days.

I never overstayed at all. The tourist visa I had was valid and had 5 months remaining on it when it was curtailed. I was given 28 days to return to my home country and I did so in the allowed time.

I just need to know if there's a waiting period I need to observe before attempting to return either as a student or as a tourist - OR if my adverse history under 322(3) prohibits me from returning until we are married.

Sorry I wasn't clear with my question. Thanks Amber.

[Amber]

If not applying as a Family Member under Appendix FM, then 322 (7B) could apply:

where the applicant has previously breached the UK's immigration laws (and was 18 or
over at the time of his most recent breach)by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain, or in
order to obtain documents from the Secretary of State or a third party required in support
of the application (whether successful or not);