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overstay

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rockins0309
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overstay

Post by rockins0309 » Sun Mar 08, 2015 11:11 am

hii im on tier 2 work visa and i applied for a dependant visa for my husband but he got a refusal for entry clearance. the reason being stated as he has overstayed for 20 months in uk while on student visa. he was not being informed by the college or the home office about the curtailment of visa but he did returned to india because of some family problems.
now they have mentioned about the right to appeal in 28 days. i wantd some information about how successful is it to make an appeal and what is the next procedure to be done.

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Casa
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Re: overstay

Post by Casa » Sun Mar 08, 2015 11:16 am

Was he attending studies during the 20 month period? Was he working more than the permitted 20 hours per week?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

rockins0309
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Re: overstay

Post by rockins0309 » Sun Mar 08, 2015 11:35 am

he didnt attend the college he was working those days. he had worked more than 20 hours a week.

any chances of positive result if i make an appeal?

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Casa
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Re: overstay

Post by Casa » Sun Mar 08, 2015 12:01 pm

Not likely to succeed. How could he have thought the student visa remained valid when he didn't study for almost 2 years? Also working in excess of the permitted rules will have been a reason to refuse even if he hadn't overstayed. The Entry Officer will have refused under 320(11):
(11) where the applicant has previously contrived in a significant way to frustrate the intentions
of the Rules by:
(i) overstaying; or
(ii) breaching a condition attached to his leave;

When did he return to India?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

rockins0309
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Joined: Sun Dec 14, 2014 1:16 am

Re: overstay

Post by rockins0309 » Sun Mar 08, 2015 2:17 pm

he had a visa from 09/03/2011 to 28/06/2014 and his visa was curtailed by home office on 05/03/2012 but no noticed was received by him informing about curtailment and he returned to india voluntarily on 13/11/2013 due to some family problems. he applied for dependent visa on 16/02/2015

is der any chance for him to come back to uk as i leave alone here in uk and i have no relatives over here.

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Re: overstay

Post by Amber » Sun Mar 08, 2015 2:28 pm

When will you have ILR?
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rockins0309
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Re: overstay

Post by rockins0309 » Sun Mar 08, 2015 3:38 pm

i have here being in uk just for one year now

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