Visa Outcome - Overstay and Work Illegal - 320.11 Rule

charlotterahman · Post by **charlotterahman** » Wed Mar 07, 2012 5:55 pm

Hi, my husband overstayed his student visa and worked illegally for 11 months. We have submitted our spouse visa in Bangladesh. We are now waiting for the outcome. Could anyone just explain a bit more clearly what the rule 320.11 is, if you get refused on that can they solely refuse on the basis of working illegally or does it have to relate to a problem with his current visa application, for example not enough communication means the marriage doesn't look genuine. Or can they just say refused for rule 320.11 due to previous history. Hope someone understands what I mean, thanks!

derlin · Post by **derlin** » Wed Mar 07, 2012 9:06 pm

charlotterahman wrote:Hi, my husband overstayed his student visa and worked illegally for 11 months. We have submitted our spouse visa in Bangladesh. We are now waiting for the outcome. Could anyone just explain a bit more clearly what the rule 320.11 is, if you get refused on that can they solely refuse on the basis of working illegally or does it have to relate to a problem with his current visa application, for example not enough communication means the marriage doesn't look genuine. Or can they just say refused for rule 320.11 due to previous history. Hope someone understands what I mean, thanks!

His immigration history and conduct are likely to be considered by the immigration officer.

charlotterahman · Post by **charlotterahman** » Wed Mar 07, 2012 9:10 pm

But can they only refuse on that 320.11 rule , or does there have to be another problem with our application like lack of funds, something wrong with accommodation, etc. Or they can just say refused on rule 320.11 for aggravating circumstances?

Post by **Greenie** » Wed Mar 07, 2012 11:09 pm

charlotterahman wrote:But can they only refuse on that 320.11 rule , or does there have to be another problem with our application like lack of funds, something wrong with accommodation, etc. Or they can just say refused on rule 320.11 for aggravating circumstances?

they can refuse solely on the grounds of 320(11). See general grounds for refusing

Post by **vinny** » Wed Mar 07, 2012 11:27 pm

See also here and PS (paragraph 320(11) discretion: care needed) India [2010] UKUT 440 (IAC) (28 September 2010).

charlotterahman · Post by **charlotterahman** » Sun Mar 11, 2012 11:21 am

Can they refuse us in an appeal if his just refused on 320.11, its hard to argue that point in the visa. You cant change previous history?

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Visa Outcome - Overstay and Work Illegal - 320.11 Rule

Visa Outcome - Overstay and Work Illegal - 320.11 Rule

Re: Visa Outcome - Overstay and Work Illegal - 320.11 Rule