Post
by thysja » Tue Jul 11, 2017 4:05 pm
You have made an application to join your wife XXXX in the UK. Home Office
records show that you made an application for entry clearance as a working holiday
maker on 09/01/2004 (XXXX) and were issued a visa for the period 13101104 to 13/01/06.
Home Office records then show that you made an in-country application on 26/10/2014
which was refused on 20/05/15. I note from these records you did not have any leave to
remain in the UK at the time the application was submitted. Therefore you had overstayed
your leave to remain in the UK before you submitted your application. I further note that
you appealed against this decision but that the decision to refuse was upheld o'n 26/03/2016.
I note that you voluntarily departed the UK and made a subsequent application to settle in the UK. This application was refused and I note that your application was considered with Human Rights in mind when making a decision.
I have considered the circumstances of your application and the information provided. I
note that no reasonable explanation (I provided a lengthy & substantiated explanation) has been provided for the period of your overstay. I am satisfied from all of this that you were in the full knowledge of the requirements of your working holiday maker visa and that you had no valid leave to remain in the UK after it expired". I am also satisfied that you were aware that you had overstayed for more than
nine years at the point when you made your in-country application. Furthermore, I am
satisfied on the balance of probabilities that the only way for you to maintain your ability to
live in the UK over the lengthy period you overstayed was to engage in paid work,
something which you have stated you did in a letter of explanation submitted with this
application, which is a clear breach of the United Kingdom's immigration Rules. I note in
the letter of explanation submitted with this application you have stated that at the time
you received medical treatment in the UK you believed you were entitled to treatment as
you were making regular national insurance contributions, thereby you implying you were
working in the UK without the correct permission to do so. In the light of your conduct previously in the UK I consider it undesirable to issue you entry clearance and, I am not prepared to exercise discretion in your favour. I therefore refuse your application under paragraph EC-P.1 .1 (c) of Appendix FM of the Immigration Rules. (s-Ec.1.5) I have considered your application with Human Rights in mind, I have also taken note of both your previous in-county refusal the Immigration Judges' comments in their determination and the
previous application to settle in the UK which was refused in December 2016. I have noted all the
decisions found your Human Rights under Article 8 had not been breached. Given this and the
above reasons for refusal, I am satisfied that the decision to refuse you is not disproportionate or
unjustifiably harsh and is for legitimate reasons for fair and firm immigration control and/or the
economic well being of the country. I note too that Article 8 does not give you an automatic right
to pursue your family or private life in the UK.
(I have to point out here, the main reason the judge refused was because the HO didn't think we were in a substantiating relationship, something the judge disagreed with, and stated that in his comments, but because we were engaged and not living together he couldn't judge in our favour).
You are not exempt from the English language requirement under paragraph E-E(,.P'4.2.
In addition, you are not a national of a majority English speaking country listed in
paragraph GEN 1.6 and have not passed an English language test (Al Level of Common Framework) with a provider approved by UKBA and/or do not hold an academic
qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor's
or Master's degree or PhD in the UK, which was taught in English.
(No mention of my IELTS test)
I therefore refuse your application under paragraph EC-P.1 .1(d) of Appendix FM of the
immigration Rules. (E-ECP.4.1)
I have therefore refused your application because I am not satisfied, on the balance of
probabilities, that you meet all of the requirements of the relevant Paragraph of the United
Kingdom immigration Rules.
I have considered your application with Human Rights in mind. However, there is nothing to
suggest any interference in your family life or that you cannot continue to enjoy such rights with
your UK sponsor in the same way you have done hitherto. In the alternative even if such rights
are engaged the decision to refuse you is proportionate for legitimate reasons for fair and firm
immigration control and/or the economic well being of the country. I note too that Article I does
not give you an automatic right to pursue your family or private life in the UK.
