Hi everyone,

I applied for an entry clearance as a partner of a British citizen. My application was refused on 320 (11). The two main points made by the ECO are: overstaying the 6months limit and breaching the conditions attached to my leave by undertaking University degrees. There was no mention of aggravating circumstances in my case.

I moved to britain as a child, with my family, and stayed there for 12 years (I was granted a 10 year visit visa). The decision to settle down in the country was taken by my parent. I met my wife in 2014, a year before the 10 year visit visa expired. The the 10 year visa expired the year after (2015), and I moved out of UK in February 2017, at my own expense, without the home office having any knowledge of me overstaying, detaining me or forcefully sending me out.

During the 10 year period, I undertook studies and gained two university degrees at a time when my visa didn't allow me to do so. However, I paid for the degrees, and never used student loan or any sort of benefit. I was able to enrol with utility cards and bank card, as I didn't have any other form of ID (driver's licence, residence card etc). Although I've met all the other requirements for the spouse visa, my application has been refused for 'contriving in a significant way to frustrate the immigration rules', without any mention of the aggravating circumstances attached to 320 (11), as I've been told that studying is not an aggravating circumstance. Also, the phrase 'aggravating circumstances' was not used in the refusal letter, although 320 (11) was used.


It may be important to state here that I have neither been involved in any criminal activity, nor benefitted from public benefits, during my stay in Britain. I also did not sought or partake in any form of employment during my stay in Britain.

I sent an appeal 2 weeks ago, with the help of a lawyer, and also got my MP involved. What are my chances in this case? Can the decision be overturned before hearing? I'll really like to hear from you.

I hope you're still in England and not Naija?

I left UK in February to get married to my wife, as stated in the post. In April, I applied for entry clearance as the spouse of a British citizen.

Can someone with 320 (11) experience advice please.

Mfdoom1:
Hi everyone,

I applied for an entry clearance as a partner of a British citizen. My application was refused on 320 (11). The two main points made by the ECO are: overstaying the 6months limit and breaching the conditions attached to my leave by undertaking University degrees. There was no mention of aggravating circumstances in my case.

I moved to britain as a child, with my family, and stayed there for 12 years (I was granted a 10 year visit visa). The decision to settle down in the country was taken by my parent. I met my wife in 2014, a year before the 10 year visit visa expired. The the 10 year visa expired the year after (2015), and I moved out of UK in February 2017, at my own expense, without the home office having any knowledge of me overstaying, detaining me or forcefully sending me out.

During the 10 year period, I undertook studies and gained two university degrees at a time when my visa didn't allow me to do so. However, I paid for the degrees, and never used student loan or any sort of benefit. I was able to enrol with utility cards and bank card, as I didn't have any other form of ID (driver's licence, residence card etc). Although I've met all the other requirements for the spouse visa, my application has been refused for 'contriving in a significant way to frustrate the immigration rules', without any mention of the aggravating circumstances attached to 320 (11), as I've been told that studying is not an aggravating circumstance. Also, the phrase 'aggravating circumstances' was not used in the refusal letter, although 320 (11) was used.


It may be important to state here that I have neither been involved in any criminal activity, nor benefitted from public benefits, during my stay in Britain. I also did not sought or partake in any form of employment during my stay in Britain.

I sent an appeal 2 weeks ago, with the help of a lawyer, and also got my MP involved. What are my chances in this case? Can the decision be overturned before hearing? I'll really like to hear from you.

This is a quite lengthy stream of excuses that are ultimately not useful.

You had a 10 year visa, with a 6 month limit at a time. You flouted both with incredible impunity. First, you overstayed a 6 month visit by 11 years and 6 months!!! Next you deliberately flouted the rules governing your visit visa to earn degrees, knowing full well that this was against the law.

Everything else you have to say is meaningless. The UK isn't Nigeria where people can waive egregious breaking of the law simply because you were not "involved in any criminal activity". You'd be lucky if the UK ever allows you to get a visa again. You frankly don't deserve one and folks like you are the reason its getting more and more difficult for genuine applicants. Your appeal should not be granted IMO.

Anyone with 320 (11) experience?