Returned Overstayed making Spouse Visa application

[Nightman22]

Hi there.
I was an over stayer in the UK who has now returned to South Africa to apply for Spouse visa.

I just want to ask a question about the documents I need to submit.

Here in South Africa we submit our own supporting documents at the visa office.

Do I need to add letters of refusal from the Home Office or will they have access to all that information via the Home Office.

If I do need to submit that as well, should it be the refusal of the initial application plus any subsequent appeal refusals as well.

Not sure what to do.

Thanks

[physicskate]

Hi there.
I was an over stayer in the UK who has now returned to South Africa to apply for Spouse visa.

I just want to ask a question about the documents I need to submit.

Here in South Africa we submit our own supporting documents at the visa office.

Do I need to add letters of refusal from the Home Office or will they have access to all that information via the Home Office.

If I do need to submit that as well, should it be the refusal of the initial application plus any subsequent appeal refusals as well.

Not sure what to do.

Thanks

Provide ALL of the documentation that you have about any previous refusals (including appeals, etc...).

[Nightman22]

Thanks physicskate. Are you speaking from experience?

[Nightman22]

refusals

Thanks physicskate. Are you speaking from experience?

[physicskate]

Thanks physicskate. Are you speaking from experience?

Speaking from having sen it on this (and other) immigration boards a few times over the past several years. The form asks about refusals and you want to make their job as easy as possible to find the details. So do that.

[seagul]

Attaching previous refusal documents with new application is insanity because it will make case more complicated rather on form wherever it ask about previous immigration history or reference numbers then should be given accordingly.

[physicskate]

Attaching previous refusal documents with new application is insanity because it will make case more complicated rather on form wherever it ask about previous immigration history or reference numbers then should be given accordingly.

Except in the general grounds for refusal it says the ECO must check 'for evidence of' any adverse immigration history. The easiest way to do that is if the applicant provides the info, which can be double-checked by the ECO.

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

page 3

Edit: the ggfr then go on to state that information can be from the application form. If you don't provide the correct and full information, I could even see them trying to make a case for deception...

[seagul]

Attaching previous refusal documents with new application is insanity because it will make case more complicated rather on form wherever it ask about previous immigration history or reference numbers then should be given accordingly.

Except in the general grounds for refusal it says the ECO must check 'for evidence of' any adverse immigration history. The easiest way to do that is if the applicant provides the info, which can be double-checked by the ECO.

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

page 3

Edit: the ggfr then go on to state that information can be from the application form. If you don't provide the correct and full information, I could even see them trying to make a case for deception...

They have all that in their system. If you want to test it then spend few pounds and you will get SAR report containing all of your previous immigration history. As told earlier that you should state your immigration history wherever its being asked in form and should also provide your previous case reference numbers which will enable them to trace your previous immigration history. There is no need to attach previous refusal documents.

[bathanza]

Perhaps rather than attaching the actual refusal letters, a cover letter to go through the immigration history with mitigating circumstances as to WHY you overstayed, if it was beyond your control or not would be more appropriate.

Perhaps spousal application abroad are weighed on in different light, in my partner application we addressed the spousal immigration rules and made sure we met every criteria and explained WHY there was a period of over stay as well as any absconding

Even with the best if cases and all honesty,you may be faced with 320(11) despite leaving the country to do the right thing, with any aggravating circumstances.

Do your best to address your history as conscice as possible and address the spousal entry clearance route as clear as day to ensure the ECO sees you meet the criteria..good luck

[Nightman22]

Thank you all for your advice.