Refusal of entry clearance

[peeps]

What are the chances of a spouse refused on grounds of overstaying getting back into UK on a spouse visa? Refused once awaiting appeal hearing in March 2014. Would another application and spending £1700 on wife and daughter's applications be sensible? Is there a possibility in a year or two? Or is the Home Office just taking away all the money and just wasting my time?

[Obie]

Under which provision was the visa refused?

[Yazzy]

What are the chances of a spouse refused on grounds of overstaying getting back into UK on a spouse visa? Refused once awaiting appeal hearing in March 2014. Would another application and spending £1700 on wife and daughter's applications be sensible? Is there a possibility in a year or two? Or is the Home Office just taking away all the money and just wasting my time?

My husband was refused coz he overstayed his visa
they cant not give him visa just coz he overstayed
If all your documents are correct and you married this person you will win the court case
My appeal hearing is in February 2014

[Casa]

Yazzy in your other post you say the refusal was due to doubt over whether your relationship is genuine. A spouse visa is exempt from refusal due to an overstay alone. There has to be additional factors.

[Amber]

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.

It would have to be some serious breach coupled with aggravating circumstances in order to refuse an Annex FM EC application on overstaying.

[Obie]

You are right, my attention was not drawn to A320, just the fact that 320(7C) has been withdrawn.

It may be the case that 320(11) has been invoked. That does not seem to have the same discretionary language as before, although a court is entitled to take a different approach or view to the Secretary of state if they form the view that she is seeking to circumvent A320.

[Yazzy]

Yazzy in your other post you say the refusal was due to doubt over whether your relationship is genuine. A spouse visa is exempt from refusal due to an overstay alone. There has to be additional factors.

Your right it was also refused becasue they dont think our relationship is genuine
We was refused on 3 points
Overstay
Marriage not genuine coz he was intenting to marry someone else few years ago but he didnt
And his english test