Refused - UK Entry Clearance

[Kevinkens]

Please help... Bare with me this is the first time I am posting.
I am a Mauritian British Citizen and ended up falling in love with my partner who had over stayed in the UK for 6 years.
My now husband is Mauritian born and we were told we would have to go back to mauritius to get married and apply over there for UK entry clearance with all the relevant documents. We did as the solicitors told us and I made my family fly to attend my wedding. My husband and I married in Mauritius in March 2016. However during that time my father became ill during the wedding vacation and died in mauritius five days after civil wedding which meant we had to pros pone the religious one and the reception etc. My husband applied for a spouse settlement visa from Mauritius.But he was denied entry by the ECM on 26th of April 2016. He was refused on the fact that he had overstayed in the uk for 6 years and he didnt have the A1 english test results when application was made. However this was on route and he passed with high marks.
My salary is above the required standard and I have my own property and can support him financially.I also work as a volunteered police constable part time and senior members of staff wrote references incase they thought this was a marriage scam.
Following the refusal an appeal had been lodged on the 17th of May 2016 and thereafter received a notice of pending appeal letter on the 20th of july 2016 stating that the tribunal will write to us after the 2nd of November with further details of how and when the appeal will be heard. In the meantime I have asked our solicitor to make an expedite request to the tribunal as a matter of urgency as I am feeling depressed to be on my own and especially after I have lost my father earlier this year whilst he flew to mauritius to see me get married. My gp has also prescribed me with anti depressant and to see a Councillor due to his concern about my depression getting worst.

On the 12 August 2016 I received a rejection letter for the expedite appeal hearing explaining that everyone is going through the same situation as myself and they refused to pushed the case forward.

I even went to see my local MP to see if she can help me and she agrees that they are being really harsh with their decision when we are husband and wife and I am clearly capable of supporting him and meet all more than the standard requirement.

I really dont know what else to do... I have spent so much money on solicitors and provided everything I can possibly provide, I understand they want to punish him for overstaying but its really not fair when he meets all the requirements requested.

I refuse to pack up and move over there when I have worked so hard in this country to achieve all that I have. I would be really grateful if someone could advise what i can do next to bring my husband home. We have been away from each other for 6 months now and its not getting any easier.
Many thanks

[CR001]

Application was bound to be refused if the English proof was not submitted. UKVI did not make an error, it is the applicants responsibility to ensure ALL documents are submitted.

It would have been quicker to reapply than wait for an appeal. Appeals can take very long.

[noajthan]

Please help... Bare with me this is the first time I am posting.

...

He was refused on the fact that he had overstayed in the uk for 6 years and he didnt have the A1 english test results when application was made. However this was on route and he passed with high marks.

...

I really dont know what else to do... I have spent so much money on solicitors and provided everything I can possibly provide, I understand they want to punish him for overstaying but its really not fair when he meets all the requirements requested.

...

The UK system of administration has evolved over 300 years or more into a monstrous and Kafkaesque but still dispassionate and impersonal machine.
You and hubby are not being punished, it is nothing personal.

Apply with a valid application and all supporting evidence in the bundle. All will be well.

[Kevinkens]

Thank you for you reply but our solicitor didnt mention that we needed to provide this until the last min and as soon as we found out we booked the exam straight away in Mauritius and mentioned this in our application. We were advised by the solicitors even if we reapplied with the certificate we would still be rejected because of him over staying. Not having that certificate was just an excuse to refuse his entry clearance.

[Casa]

Your husband would only be refused a spouse visa if he had 'frustrated the Immigration rules'. For example working or entering with false documents, non-payment of NHS charges, not for just an overstay.

I think you solicitor may be attempting to look for an excuse to cover his error.

[noajthan]

Thank you for you reply but our solicitor didnt mention that we needed to provide this until the last min and as soon as we found out we booked the exam straight away in Mauritius and mentioned this in our application. We were advised by the solicitors even if we reapplied with the certificate we would still be rejected because of him over staying. Not having that certificate was just an excuse to refuse his entry clearance.

You appear to have been unfortunate and ill-advised, an innocent abroad, rather than calculating and nefarious.
Suggest cut your losses and drop that 'advisor'.
If no funny business your spouse should make it next time.

[Kevinkens]

Your husband would only be refused a spouse visa if he had 'frustrated the Immigration rules'. For example working or entering with false documents, non-payment of NHS charges, not for just an overstay.

I think you solicitor may be attempting to look for an excuse to cover his error.

We have changed solicitor since we have made the appeal. My Husband's N.I number was sent along with the application as requested by our previous solicitor. He was allowed part time work when he was still legit in the country but our solicitor did not state that in our application and which we assume now to have lead the clearance officer to believe that he had frustrated immigration rules by working illegally using his N.I.

Now since the appeal has already been sent and the case has been handled to a different solicitor, would we still be able to write a statement saying that ' the N.I had not been used for illegal work' and added to the appeal now or is it too late. We have already received a notice of pending appeal now stating that the Tribunal will write to us after the 2nd of November 2016 with further details on how and when our appeal will proceed.

Thank you.

[Kevinkens]

Hi all, i would be grateful if someone can help me with a good solicitor around the south west london area. Our previous legal representative has told us that he has ceased acting on our case.

[WR1]

Hi all, i would be grateful if someone can help me with a good solicitor around the south west london area. Our previous legal representative has told us that he has ceased acting on our case.

This forum does not allow recommendations of solicitors (seen as a form of advertising).

That being said, if your first solicitor has ill-advised you and resulted in a refusal, I would lodge a complaint against the solicitor. You pay good money for a service not being provided.

[noajthan]

Hi all, i would be grateful if someone can help me with a good solicitor around the south west london area. Our previous legal representative has told us that he has ceased acting on our case.

No recommendations.

Search via Law Society and OISC websites.

[John Green]

Just to agree with this statement as a general proposition, "It would have been quicker to reapply than wait for an appeal. Appeals can take very long."

I am still waiting to hear about the verdict on my wife's application under a spouse visa regime. However, the feedback that I get is that unless there is something clearly wrong with the way the decision was made, it is (as said) better to start a new visa application form. For example, if the ECO overlooked an important document that was included, or also gave (as the reason for the refusal) the non-submission of a document that the applicant could not reasonably have expected them to supply.

Issues of discretion, as to whether an ECO has treated the applicant fairly and justly, I would imagine are part of his job. So unlikely to be overturned on appeal unless there is again something clearly wrong.

As a practical matter, appeals can take up to a year and there is no guarantee of success. Whereas submitting a new application takes, at most, 3 months. And since the ECO gave he reason for the refusal, the applicant can simply meet the requirement he stated the second time around.

The only real downside is the cost of a new visa application set again, I believe, the cost of an appeal at about £200. Generally, however, doing a new application is recommended over appealing, so far as I've been told.

[Kevinkens]

Just to agree with this statement as a general proposition, "It would have been quicker to reapply than wait for an appeal. Appeals can take very long."

I am still waiting to hear about the verdict on my wife's application under a spouse visa regime. However, the feedback that I get is that unless there is something clearly wrong with the way the decision was made, it is (as said) better to start a new visa application form. For example, if the ECO overlooked an important document that was included, or also gave (as the reason for the refusal) the non-submission of a document that the applicant could not reasonably have expected them to supply.

Issues of discretion, as to whether an ECO has treated the applicant fairly and justly, I would imagine are part of his job. So unlikely to be overturned on appeal unless there is again something clearly wrong.

As a practical matter, appeals can take up to a year and there is no guarantee of success. Whereas submitting a new application takes, at most, 3 months. And since the ECO gave he reason for the refusal, the applicant can simply meet the requirement he stated the second time around.

The only real downside is the cost of a new visa application set again, I believe, the cost of an appeal at about £200. Generally, however, doing a new application is recommended over appealing, so far as I've been told.

Few weeks ago i had asked our previous solicitor to whether my husband could come to the UK on a 4 weeks visit visa so he could attend to my late father memorial ceremony and he said he could after he makes an application to the UKVI. couple of weeks later we received the decision from the UKVI and we were told because of my husband overstaying he was banned for entry for a period of 12 months because he had left the UK voluntarily. As of which if a new application for a spouse visa was to be submitted, will this ban still be in place or would it be waived off if we would meet all requirement this second time except the fact that he overstayed.

thanks for helping

[Casa]

The ban doesn't apply to a spouse visa application.