Refused spouse visa on section 320(11)

[Shola2143]

I was brought to the UK by my dad when I was 13. Wen to secondary school, college. Couldn't go to uni coz my dad past away. My mum has also past away 17 years ago. Before my dad past away I applied and I was told to go back to him but by this time he had already past. I then put in for reconsideration which took another 4 years for them to reply to me. I was told to report to Croydon immigration centre. I then applied again with wife (then my GF) and i was refused because am not married to partner. I got married in the UK and applied again and because i overstayed in the uk. So we diceded i leave to vome back to nigeria and reapplied as a spouce as advise by lawyer. I applied for a spouce visa 24th of May and I left the UK 5th of June to attend my biometric appoint in Lagos 8th of June. Was told my application didn't contain a TB test 3 weeks later. I did it and send it to them after a few times they confirmed they have seen it and linked with my application. It's getting frustrating and still awaiting decision. I am really scared I need someone to advise me.

Applied 24th May
Biometric 8th of June.
TB test request 3 weeks later and sent to them next day.

Awaiting decision.

[vinny]

The decision will probably take some time. Be patient.

[Shola2143]

Please i need advice. Please

I was refused under Section 320(11) and aggrevating circumstances.

It's state that they could not find when i came into the country. I came into the country with my dad as a child and I don't know what sort of visa i came in with. He past away 2011 and have searched the whole house but could not see anything when I returned to Nigeria.

They also state that I miss session of signing. This was due to bad advice from solicitor who told me to wait for him till he gets intouch with the home office. I missed 2 signing session while waiting and I subsequently resume reporting afterwards.

Also frivolous application. This was also due to the fact that solicitors only want your money

[Obie]

Have you appealed the decision.

Since Vinny advised you, it has been over 3 months, what steps have you taken?

[Shola2143]

The application was refused on section 320(11) and aggrevating circumstances. Have also appealed

[Obie]

My apologies, it appears that Vinny had not advised you on the 320(11) matters. It was the spouse application that you had discussed.

I believe the entry clearance manager has to reply, if you prepare a good bundle and explanation, he may overturn the decision.

[Shola2143]

I hope and pray he does. Was thinking should I reapply or stick with appeal. As wife is due to give birth next month

[Obie]

They are likely to refuse again and it will just add to your misery.

With a baby due, i believe you can do with any penny that you can save.

[Shola2143]

Please in need advice on my situation please what do I do.

I left the UK voluntarily back to Nigeria. Was taken to the UK at the age of 13 years old. I was in the UK from 2005 till 2017. I tried to get stay in the UK while i was there was unseccesful. Got married and my new solicitor told me the best way is to come back and reapply. I left and applied for spouse visa but was refused on section 320(11) because I miss 2 section of reporting and frivolus application.

I have applied twice and refused twice and appealed twice ( still waiting )

My wife has given birth to our child and am missing my family alot. I will like to know what do I do next apart from waiting for the appeal.


Am I under 1 year ban? because of bad immigration history And returning to Nigeria at my own expense

[vinny]

Unfortunately, there is no time limit for refusing under 320(11)!

[Shola2143]

What do you suggest I do. Please. This really is taking toll on me and family

[vinny]

320(11)

Please click on above link and subsequent links for more information.

[Shola2143]

I don't understand it bro.

[vinny]

320(11) (click here)

Please click on above link and subsequent links for more information.

[Shola2143]

ok.

was refused under section 320(11) with aggravating circumstances

aggravating circumstances are

missing 2 sessions of reporting to Croydon but attended the rest.

and frivolous application ( applying too many times regularise my status)

apparently i didn't meet financial requirement but my wife 27.5k when we applied. we submitted 12 payslip but ECO intentionally ignore tge last months of payslip.

i now have a British child born in january

was refused last year september and have appealed and waiting for hearing date


Wat is my chance at the appeal

[vinny]

With a British child, your chances are better.

[Obie]

Even without a child, i would have thought a refusal under 320(11) for missing 2 reporting and making an application to regularise oneself is hardly a Dreyfus affair, meriting a 320(11) action.

[Shola2143]

Thank you guys for the reply. Its all just mentally draining process to wait all this while. But i have ni choice than to thank God

[Londoner007]

Have you actually looked into how you were able to get into UK in first instance, for example doesn't your home country BHC hold records of your entry clearance. Have you looked at the citizenship of your father and under what provisions he was able to sponsor you to the UK in the first place..... etc etc

If you can prove how you were lawfully admitted to UK as a child, then you may not have to go through all this.

[Shola2143]

The issue is dat nigeria dont keep all those information (lack of record) i provided home office with my father date of birth on the application but they wont check that out as they are only dealing with me not him. I have never change name or dob.

[vinny]

Even if they had checked, it's likely they also may not have the records from that period any more.

When did you and your parents come to the UK?
Do you have any information of their UK immigration histories?

[Shola2143]

I came in 2005. I was 13 years old. My dad took my passport back with him. He past away 2011 and my mum past away 2000. I dont know his immigration history. If i had copy of his passport it would make life easy for me.

[Londoner007]

Records from 2005 is not unheard of to be kept. Home office would have records of his fathers citizenship. Check with national archive if you can get hold of a copy of your fathers records. You can try file a SAR to see what records of your father they told, if it's possibly to file it try via a solicitor.

[Shola2143]

My father is not british or European. His nigeria and i have tried in nigeria to get a copy of his passport. Went to immigration service in nigeria they said they dont have such facility.

[Londoner007]

Would have been easier if you didn't leave UK and wait until baby was born. I have no further things to add. Hope it all works out for you in the end. All the best.