visa refused

Hi all,
My husbands spouse visa was refused last thursday reasons being 320 (11) and eco does not feel theres enough satisfactory evidence that myself and my husband will live together once hes given entry to the uk .im trying to look for an immigration advisor or solicitor to help with our appeal, can anyone recommend someone they know who could help with this.
Thank you

Try the Immigartion Advisory Service. They specialize in immigration matters only.

http://www.iasuk.org/home.aspx

Good luck.

Hello


I hope u keep collecting proofs of contact since he left the UK , that could be useful later.

It is a good idea to seek a solicitor but what u need to do is to build up more evidents (phone calls, e mail , cards....) showing that u r together and plan to stay together.

bbbb wrote:Hello


I hope u keep collecting proofs of contact since he left the UK , that could be useful later.

It is a good idea to seek a solicitor but what u need to do is to build up more evidents (phone calls, e mail , cards....) showing that u r together and plan to stay together.

Good idea

Thanks for you reply's, ive found the help of an immigration advisor and we will hopefully be submitting our appeal next week.
Ive been keeping all further evidence of contact since our application in april just in case.
My advisor believes we wont need anything else although it wouldnt hurt to have it of course, the bundle we submitted in april actually contained fours years daily proof of contact including emails, net chat, phone records flight details, bills from when we lived together in the uk for 2 years, support letters and 300+ photos and of course all our wedding stuff! so theres not a hell of a lot more i can get to prove our relationship is genuine! but i shall try my best.
Does anyone know how best to argue this 320 (11) rule in court??
thanks

Hi

What was the reason which prompted the refusal under 320(11)?

kcharlie, have you actually read para 320(11)? If so, are you saying the visa was refused because of 320(11) and also because the ECO thinks the two of you will not stay together?

Given that 320(11) is mentioned, it would be helpful to detail your husband's UK immigration history.

Hi
Yes my husband was refused under 320 (11) AND 281 (iii)
My husband entered the UK illegally in 2002 and was removed in october 2007
during his time in the uk he used fake documents to gain employment
also whilst waiting to be removed he made an asylum claim under his true identity, it was refused as unfounded
the eco is therefore satisfied he significantly contrived to frustrate the intentions of the immigration rules.
he also stated that although hes not seeking to punish my husband for his immigration history his past conduct cannot be ignored.
In light of everything eco is not satisfied our relationship is as he claims and that we intend to live pernamently together and the marriage is subsisting Para 281 (iii)
Thanks

Hi,

I am in exactly the same boat as you.

My husbands entry clearance was refused on the same grounds although he had not made a claim for asylum he was involved with a Polish woman (prior to Poland joining the EU) who was having his baby and he was caught by the police and interviewed and he was allowed to leave due to this relationship. The relationship which did not last long broke down and the Polish woman told my husband that the baby was not his.

My husband was not removed from the UK we both left together in September 2008 and have been fighting for his return ever since.

We have a son together and I want to stay in UK (as it is my home) all my family are here and I have a outstanding loan which would not be paid if I was to move to my husbands country due to the economical differences in the countries.

I have been told by the home office and the immigration judge that I should move to my husbands country and live a happy family life in that country.

My husband was refused on the exact same grounds as yours.

I went to see an advisor who told me the best thing to do is to move to my husbands country because I was 'stuffed' but I know people who have overcome this so there is a way.

Unfortuantly due to just having a baby I could not afford a solicitor so did his appeal on my own. We are going to keep fighting and keeping strong.

Do you mind telling me what country your husband is from because I was told that depending on what country you are applying from can change the decision.

hiya sorry to hear about your situation,
my husbands Albanian, we applied from there. My immigration thinks are case for appeal is very strong and it all comes down me having a son from a previous marriage! apparently we cannot be told to go live in albania due to my sons father not agreeing to his child being taken out of the uk.
Ive had to get my ex to write a letter stating this ready for court it all comes down to myself and my husband cannot be separated and nor me from my son and my son from his father.
However first have to prove relationship is genuine for this to count.
not sure how my advisor plans to attack the 320 (11) ruling yet.
have you logged your appeal yet?

Yes, and we lost our appeal 2 weeks ago.

But we are going to apply again, never give up.

Hope you have some luck, it sounds like you have a strong case.

With my husbands case it seems that there is nothing to hold me in the UK even though this is my country and my whole family are here but thet do not consider you parents or siblings as part of your family when it comes to immigration matters.

Anyway wish you the best luck and please let me know the outcome of your appeal.

sorry you lost the appeal, definitely try again we had a few friends last year who got refused under 320 (11) and got similar story, to live in their husbands home country instead, however they both won on appeal. My advisor says it often depends on the judge you get on the day.
We are planning to log the appeal next week, how long is it that you generally have to wait for the court date?

It may take up to six months from the date you lodge the appeal , maybe even longer.

Oh def it depends on which judge you get.

I spoke to the woman who attended court on behalf of the home office and she said that if the judge was nice I would win the appeal - my conclusion is he was a nasty judge.

Even the advisor I went to see said it looked like I had had a bad judge.

Hopefully you will have a nice judge.

hi loulou
can you tell me more about when you went to court
How long did it last? did you get a chance to say anything? did the lady representing the home office say anything?
How did you prepare the defence for your husbands refusal on 320 (11)?
thanks