₦airaland Forum

Sholeola23:
I was refused. Please advice me on next step. Met financial requirement wife earn 27.5k

Sorry for the late response as I have not been here for weeks. I note you also sent me an email but I don't know how to access it.

Does anyone know how to access emails here?

I have a question, the Home Office stated that your visit visa was not in your identity. Can you explain?

Your situation is more complex as you have aggravating circumstances under 320 (11)

Please understand my post, I was never looking for sugar coating, just facts....yes he breached the rules and that could not be changed, so was looking for a way forward........the admittance that they made an error in their refusal gives us gladness that mistakes can be forgiven.

Realgeo:
@Lexusgs430, well spoken. The truth told that hurts but spours one to positive action is better than lies that will sweet the ear and lead to destruction. We should try not to in any means breach immigration rules. These rules has been made and we must keep them if we want to enjoy the benefits. Mistakes is for us to learn not our destruction.

Thank you for the congratulations......it was all God's work.

What were the specific conditions attached to your leave? If they do not think 320 11 applies then they may overturn before court. They do not have to mention aggravating circumstances in the refusal letter, they just have to explain what they are. You certainly breached the immigration rules by overstaying and breaching the conditions, but what were the conditions? Your situation may be viewed as extreme due to the fact you were here to visit and certainly as a visitor you should not do a lot of things including studying. The aggravating circumstances may be that not only did you study once, you studied twice and deliberately ignored your conditions. This makes the situation more contriving hence why they had to refuse on 320 11. The list of aggravating circumstances is not necessarily exhaustive. I still believe that a Judge may see it differently especially because of your family life, perhaps you can argue that studying is not an example of aggravating circumstances. Have you got children?

What are your grounds of appeal?

Mfdoom1:
Wow, congrats Alexlady! Your story is so inspiring. I've also been refused under 320 (11). Please read a summary of my case below. I sent my appeal about a month ago. I'll be really grateful if you can advice me on what to expect.


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 stay limit on my multiple entry visit visa and breaching the conditions attached to my leave by undertaking studies (University degrees). Both of these conditions result in 'contriving in a significant way to frustrate immigration laws', BUT there was no mention of 'aggravating circumstances' in my refusal letter.

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. I married my wife in Nigeria, then we filed the app in April. My wife has lived in Britain all her life.

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 with my money, 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), and 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 about a month ago, with the help of a lawyer, and also got my MP involved, who has sent a letter to UKVI. What are my chances in this case? Can the decision be overturned before hearing? I'll really like to hear from you.

Congrats again.

Thank you for the feedback and congratulations........all I am saying is that let us give advice based on facts, not jump into conclusions and find a way forward and not emphasise on something that cannot be changed. I don't want sugar coated advice. I understand my story was quite unique as most people's refusals are usually due to missing documentation etc. My hope is that my experience would encourage those that unfortunately find themselves in our similar situation....

Lexusgs430:
My advice(s) justifiable you felt was harsh, but you thankfully remembered my final point.
I said the visa would still be granted, I stated your time would be wasted, but eventually you guys would come out trumps........

One point you have to understand is, when people seek advice, clarifications or directions. And people sugar-coat the advice they give, the requester might not have a clear direction.

But telling you what you might not like to hear, but that aspect been the truth is the best approach......

The level of advice you might have received, albeit been a combination of negative and positive, spurred you in a positive direction and the desired outcome was achieved......

Congratulations in advance.... In life, we learn everyday. No one person is an island of information. That is the simple reason people find this thread a positive approach to their individual spousal visa application process.....

Glad you came back to issue a feedback on our dealings.

subomi2:
congratulations!!!!

Thank you so much

Dear all,

I wanted to give you all an update regarding my husband’s situation (for reference, my story is detailed below). Going forward, I would also like to advise and support people who go through the Visa/Appeal ordeal as I have learnt so much.

When I first came across this site, I was pleased to read people’s experiences and the support and advice people gave each other, so I decided to share my story and seek advice.

Unfortunately after posting my story, I have to say that I was very disappointed with the support I received. In fact only two people responded to me and in some respects negatively. This put me off the site, I felt embarrassed and for a period of time I stop coming on Nairaland which is a shame as I believe the site is invaluable and a lot of people have been successful due to the advice and support received.

@Lexusgs430- I appreciated the fact that you took time to respond, however I felt you jumped into conclusions and was critical of our situation, stating we were economical with the truth, not open and sincere etc. The fact remains we told the truth and the decision should be based on facts and not assumptions. You even made reference to the fact that the ECO may have thought the marriage was to circumvent. However at no point did the ECO suspect that the marriage was fake. The refusal was due to the fact that he overstayed. You did however advise that it was not the end of the road. You also said that an illegal entrant was also known as an overstayer. I am afraid that was incorrect as they are two different types of people. You also stated that an aggravating circumstance could be being economical with the truth. Again that is incorrect because the aggravating circumstances is related to his time and actions prior to the application. Overall though, you were still encouraging and advised that in the end the visa would be granted.

@stillwaiting- I appreciated that you took the time to respond, however, I found your response was very negative, you focused on my husband’s past as a student, how he should have applied for the student visa earlier than the time he applied and how he should have left the country when they told him to and not overstayed etc. The purpose of this forum is to give advice and help people move forward not criticise what has been done in the past especially when you cannot change the past. I was very upset at these insinuations. You even tried to put me off going down the appeal route.

I am happy to advise that we proceeded with the appeal, we did it all by ourselves, with no lawyer, we argued that 320 (11) was not applicable as there were no aggravating circumstances and today we received confirmation that the decision was overturned and that they will issue the visa. The reason the decision was overturned was due to the fact that the refusal decision flawed and they were not satisfied that 320 (11) was applicable to our case. We give all the glory to God, we had to share this news because God has seen us through, it has been tough, but we have learnt so much and now we want to help people with their own situations.

Please as general advice to all, when you give advice to people, please focus on facts, there is so much information and guidelines on the home office website, so please use those to support your advice. Please don’t jump into conclusions and let us always remember everybody’s situation is unique. What works for one person may not work for another. Whilst one person’s appeal takes 4 Months, another may take 12 Months, it always all depends on who is handling the case and other matters come into play. We do recognise that in some circumstances, reapplying is more appropriate than appealing, but it is down to personal choice.

I will post the timeline once we have received the passport back.

Please feel free to ask me for advice as we believe we are very well versed with the process. Thanks for reading.

Alexlady:
Good afternoon everyone,

Thank you so much for this forum and thank you everyone who reads and contributes to supporting people with their application, questions and experiences. I have only joined today but have been reading people's responses for the past two weeks. I would sincerely appreciate your help and advice.

Me(The Sponsor) and my husband just received a refusal decision for Spouse Visa today, although the date of refusal is 8 February 2017 and to say the least we are devastated. I know many may say that we have not been through a lengthy process but here is our story and I will keep it short.

Reason for refusal is based on 320 (11) due to his overstaying as follows:


I note your immigration record in the UK. You initially arrived on a Student Visa valid from 2008 to 2011. You applied to extend this Visa in November 2011, December 2011 and March 2012, I note all these applications were refused. I note you overstayed your Visa next coming to light on 25th December 2016 when you left the Country. I have taken note of your immigration history in the UK, I am satisfied that the length of your overstay and the fact you did not comply with the directions you have previously contrived in a significant way to frustrate the intention of the rules by:

Overstaying a considerable period of time from 2012 to December 2016
Breaching conditions attached to your leave by overstaying
Being an illegal entrant between 2012 and 2016
For not complying with the re-documentation process

I therefore refuse you 320 (11) I am not satisfied that you meet the suitability requirements of the FM rules.


My husband submitted his application and did Biometrics on 26/1/17. UKVI acknowledged receipt of Sponsor documents on 31/01/17. We received an email on 16/02/17 that a decision has been made.

The background to his overstaying is this. My husband was issued a student visa from 2008 to 30 November 2011.
On 21 November 2011, he made an initial application for a Tier 4 General Visa, but this was returned as invalid because he didn’t include a photo.

On 21 December 2011, he re-applied for Tier 4 General Student Visa, which was refused on 22 February 2012 because he did not satisfy the requirements. Subsequently, he applied again on 06 March 2012, which was refused on 24 April 2012 because again he did not satisfy the requirements and was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16.

In regards to the other requirements, e.g. financial, English language and relationship, they put N/A. I presume this means we met those requirements because I know I submitted all the required documents and evidence?

Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.

On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17.

Please everybody, give us advice on what to do. We are so devastated. My husband is so sad and I am already agitated, but I know I have to calm down. If it was a case that we failed to provide the required documents then we would consider submitting a new application, but the sole reason given is overstaying.

I would appreciate all your advice on what to do and examples of people who have been refused on the basis of overstaying.

I look forward to your replies and thank you again for all your help with others.
Thank you.

Thanks for your response. In regards to the evidence, what evidence can be used to support overstaying? Its not a case of failure to produce the paperwork they requested e.g. bank statements, payslips etc. The timescales seem too long. I am thinking more positive than that.

There is the option of applying again, but again how do you address overstaying apart from an explanation. if the ECO wants to refuse they can again, an appeal can challenge the decision?

stillwaiting:
Alexlady:

Thank you very much for your response. We are appealing. I have read through the immigration ruled. Yes we acknowledge that overstaying is an immigration breach but overstaying in itself is not a reason to refuse. There also has to be aggravating circumstances. Unfortunately the ECO has failed to state what those aggravating circumstances are. All 4 points are about overstaying although we dispute the last point of redocumentation process. Yes we acknowledge he did not leave but eventually did voluntarily and not on public expense. I have had to do a lot of research myself since I don't have any help at the moment.

The ECO was harsh to refuse on 320 11 with no evidence of balancing exercise nor consideration of his wife.




If you are appealing, think SERIOUSLY about the over- psychological trauma of endless and long-term appeals. Once beaten, twice shy!
Here is the recent estimate timeline for appeals
18 months from the day of submission of appeals, before appeals could be heard
2 weeks for the Judge to post the decision to the appellant
4 weeks for visa section to receive decision
8 weeks for visa section to process decision

18+14=32 months (2years and 8 months). all things being equal

@ Alexlady, preparing for hearing appeals is likened to preparing a fresh application, except for the various fees. You put in excess evidence, they will sort it out and ensure that you label it properly. Put everything there; if no information after appeals has been won, one can email:Team@homeoffice.gsi.gov.uk

Thank you very much for your response. We are appealing. I have read through the immigration ruled. Yes we acknowledge that overstaying is an immigration breach but overstaying in itself is not a reason to refuse. There also has to be aggravating circumstances. Unfortunately the ECO has failed to state what those aggravating circumstances are. All 4 points are about overstaying although we dispute the last point of redocumentation process. Yes we acknowledge he did not leave but eventually did voluntarily and not on public expense. I have had to do a lot of research myself since I don't have any help at the moment.

The ECO was harsh to refuse on 320 11 with no evidence of balancing exercise nor consideration of his wife.

stillwaiting:
I have taken my time to peruse your refusal notice and I found the history regarding your case a bit curious. I make the following submission in case sensitive.
1. Visa expired 30 Nov,2011 and you made an initial application for a Tier 4 General Visa the same month 21, Nov,11--THIS WAS TOO CLOSE, YOU OUGHT TO HAVE APPLIED AT LEAST A MONTH TO VISA EXPIRY
2. which was refused on 24 April 2012 because again he did not satisfy the requirements and 'was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16'....I THINK HE OUGHT TO HAVE LEFT THE COUNTRY AND DO THE NEEDFUL. ONE OF THE SERIOUS IMMIGRATION BREACHES IS OVERSTAYYING. ONCE THEY HAVE ONE'S PASSPORT, THE FIRST THING THEY LOOK OUT FOR IS IF THE APPLICANT HAS OVERSTAYED
3. Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.. IT IS LIKE YOU TOOK THE ECO FOR GRANTED, YOU OUGHT TO HAVE GIVEN DETAILED EXPLANATION AS REGARDS YOUR CASE, ECO ARE HUMAN BEINGS LIKE US, THEY APPRECIATE PEOPLE EXPLAINING AND JUSTIFYING THEIR CASE. OF RECENT, THEY HARDLY INTERVIEW SPOUSE APPLICANT.
4. On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17...THEY MAY CONSIDER THIS AS AFTER THOUGHT AND 'AFFRONT' AND AGAIN Be TAKING THEM FOR GRANTED. THEY MAY THINK YOU WANT TO OUTSMART THEM

My advice is reapplying and appeal and fill the gaps, explain the explainable, justify the justifiable as Lexusgus will say, immigration lawyer could help you to quote law in the appeal. OR READ PAST SUPREME COURT JUDGEMENTS ON SIMILAR CASE BY LOGGING ON TO THEIR WEBSITE. SINCERELY, BE HONEST WITH THEM. I WISH YOU THE BEST OF LUCK.

Has anybody else got any advice please or examples of experiences?

Alexlady:
Good afternoon everyone,

Thank you so much for this forum and thank you everyone who reads and contributes to supporting people with their application, questions and experiences. I have only joined today but have been reading people's responses for the past two weeks. I would sincerely appreciate your help and advice.

Me(The Sponsor) and my husband just received a refusal decision for Spouse Visa today, although the date of refusal is 8 February 2017 and to say the least we are devastated. I know many may say that we have not been through a lengthy process but here is our story and I will keep it short.

Reason for refusal is based on 320 (11) due to his overstaying as follows:


I note your immigration record in the UK. You initially arrived on a Student Visa valid from 2008 to 2011. You applied to extend this Visa in November 2011, December 2011 and March 2012, I note all these applications were refused. I note you overstayed your Visa next coming to light on 25th December 2016 when you left the Country. I have taken note of your immigration history in the UK, I am satisfied that the length of your overstay and the fact you did not comply with the directions you have previously contrived in a significant way to frustrate the intention of the rules by:

Overstaying a considerable period of time from 2012 to December 2016
Breaching conditions attached to your leave by overstaying
Being an illegal entrant between 2012 and 2016
For not complying with the re-documentation process

I therefore refuse you 320 (11) I am not satisfied that you meet the suitability requirements of the FM rules.


My husband submitted his application and did Biometrics on 26/1/17. UKVI acknowledged receipt of Sponsor documents on 31/01/17. We received an email on 16/02/17 that a decision has been made.

The background to his overstaying is this. My husband was issued a student visa from 2008 to 30 November 2011.
On 21 November 2011, he made an initial application for a Tier 4 General Visa, but this was returned as invalid because he didn’t include a photo.

On 21 December 2011, he re-applied for Tier 4 General Student Visa, which was refused on 22 February 2012 because he did not satisfy the requirements. Subsequently, he applied again on 06 March 2012, which was refused on 24 April 2012 because again he did not satisfy the requirements and was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16.

In regards to the other requirements, e.g. financial, English language and relationship, they put N/A. I presume this means we met those requirements because I know I submitted all the required documents and evidence?

Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.

On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17.

Please everybody, give us advice on what to do. We are so devastated. My husband is so sad and I am already agitated, but I know I have to calm down. If it was a case that we failed to provide the required documents then we would consider submitting a new application, but the sole reason given is overstaying.

I would appreciate all your advice on what to do and examples of people who have been refused on the basis of overstaying.

I look forward to your replies and thank you again for all your help with others.
Thank you.

Thanks again for your response. He did state all his refusals but did not explain why he overstayed. The definition of an illegal immigrant is on the gov.co.uk website and I will have to refer to that. What about reapplying?

Lexusgs430:
Those with worse immigration records, did they open up during application process?

Thank you so much for your prompt response and concern. We have certain concerns regarding their reasons for refusal. E.g. That he was an illegal entrant? There is a distinction between illegal entrant and overstayer. Not overstaying is not a condition to a student visa. If the marriage was used to circumvent, would the ECO had stated he didn't think the relationship was genuine? Although I know that the evidence produced would have quashed that notion. What does re-documentation process mean? In your opinion are there any aggravating circumstances? The decision made was certainly too swift and unfair and I have heard of people that have had worse immigration histories but still got their visas first time. If we reapply, is it just a case of explaining his history?

Lexusgs430:
Firstly sorry to hear about this negative visa response...........

The biggest mistake that was made on this application was the fact you were economical with the truth, regarding his immigration history. And also not forgetting the little matter of the ECO believing that the marriage was used to circumvent immigration process (25/12/2016 out and married 28/12/2016). If you read through this thread thoroughly, someone was in a similar situation and eventually got their spousal visa granted.

The situation you are facing is a BEND, but not an END ......... I call this situation, the ECO trying to get their pound of flesh back, but making both of you stew in this predicament and thereby frustrating both of you !!!!!!!!!!!!

SOLUTION ----- You have (2) routes : Either you choose to appeal (and face a further very very long wait to get an appeal hearing date or reapplying. At this point, it might be worth your while speaking to your MP and get them directly involved (MP's do have some magic wand which they use occasionally to flog the ECO with)

Good afternoon everyone,

Thank you so much for this forum and thank you everyone who reads and contributes to supporting people with their application, questions and experiences. I have only joined today but have been reading people's responses for the past two weeks. I would sincerely appreciate your help and advice.

Me(The Sponsor) and my husband just received a refusal decision for Spouse Visa today, although the date of refusal is 8 February 2017 and to say the least we are devastated. I know many may say that we have not been through a lengthy process but here is our story and I will keep it short.

Reason for refusal is based on 320 (11) due to his overstaying as follows:


I note your immigration record in the UK. You initially arrived on a Student Visa valid from 2008 to 2011. You applied to extend this Visa in November 2011, December 2011 and March 2012, I note all these applications were refused. I note you overstayed your Visa next coming to light on 25th December 2016 when you left the Country. I have taken note of your immigration history in the UK, I am satisfied that the length of your overstay and the fact you did not comply with the directions you have previously contrived in a significant way to frustrate the intention of the rules by:

Overstaying a considerable period of time from 2012 to December 2016
Breaching conditions attached to your leave by overstaying
Being an illegal entrant between 2012 and 2016
For not complying with the re-documentation process

I therefore refuse you 320 (11) I am not satisfied that you meet the suitability requirements of the FM rules.


My husband submitted his application and did Biometrics on 26/1/17. UKVI acknowledged receipt of Sponsor documents on 31/01/17. We received an email on 16/02/17 that a decision has been made.

The background to his overstaying is this. My husband was issued a student visa from 2008 to 30 November 2011.
On 21 November 2011, he made an initial application for a Tier 4 General Visa, but this was returned as invalid because he didn’t include a photo.

On 21 December 2011, he re-applied for Tier 4 General Student Visa, which was refused on 22 February 2012 because he did not satisfy the requirements. Subsequently, he applied again on 06 March 2012, which was refused on 24 April 2012 because again he did not satisfy the requirements and was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16.

In regards to the other requirements, e.g. financial, English language and relationship, they put N/A. I presume this means we met those requirements because I know I submitted all the required documents and evidence?

Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.

On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17.

Please everybody, give us advice on what to do. We are so devastated. My husband is so sad and I am already agitated, but I know I have to calm down. If it was a case that we failed to provide the required documents then we would consider submitting a new application, but the sole reason given is overstaying.

I would appreciate all your advice on what to do and examples of people who have been refused on the basis of overstaying.

I look forward to your replies and thank you again for all your help with others.
Thank you.