Spouse visa refused on 320(11) and appendix FM section S-EC

[zaidamjad]

I spouse visa has been refused on the Bases of previous over stay and deception. ECO rejected the visa on the Base of 320(11) and appendix FM section S-EC 1.5

Can any one advice me shall I go for an appeal and how long it will take

What's are other options? Please help

[Casa]

It depends on what the deception was and whether you feel you have been accused unfairly. You need to post more details in order for anyone to advise you.

[zaidamjad]

Hi casa
Thanks for your reply
Yes she over stayed her visit visa for 2 and half year and use deception in application and use NHS service as baby was born here who is 10 years old and live with his mother, we also have an Irish born girl having Irish passport living with mother, so I decided to appeal against the decision so what are the chances as I was ready on the forum that rule 320(11) can't be turn down in appeal particularly in my wife,s case where deception and use of public funds occurred. So what are the option and any good lawyer??

[Casa]

If there was an overstay,deception and use of NHS, how do you feel an appeal has any chance of success?
Also be aware that David Cameron has stated foreign criminals will have their appeals heard in their own country (not in the UK) next the Government will extend that to all immigration appeals, except asylum cases. I'm assuming your wife is currently in the UK.

[Obie]

Well 320(11) is a discretionary refusal, and in exercising that discretion, the ECO need to take account of the fact that their are children, whose best interest and their right to move around the European Union may be at stake.

If the matter was confined to you and your spouse alone, I may have said, the chances of success may be slim, in the light of the appalling immigrating history, but just like the case of ZH Tanzania, the matter does not end there.

There is an Irish and British Child, and this may impact on the exercise of that discretion by a judicial officer.

So yes, there may be a merit in the case.

[Casa]

In this thread Obie, the OP was waiting for a decision on a spouse visa application submitted in Pakistan (Post May 12). This suggests his wife is not currently in the UK. Although one of the children was born in the UK, do they hold British nationality if the mother was here illegally?
http://www.immigrationboards.com/immigr ... l#p1186178

[Obie]

In this thread Obie, the OP was waiting for a decision on a spouse visa application submitted in Pakistan (Post May 12). This suggests his wife is not currently in the UK. Although one of the children was born in the UK, do they hold British nationality if the mother was here illegally?
http://www.immigrationboards.com/immigr ... l#p1186178

Well the child born here may have been registered, however we don't know. I don't think the mother's overstaying will affect registration if the father has secured ILR.

The key for me is the Irish child, which may be a weighty factor.

[Casa]

Obie, you'll probably have seen that a 10 year ban under 320(7b) ended in January 15 and the current spouse visa application was refused under 320(11). I believe zaidamjad, the OP was granted ILR in Sep 14.

[zaidamjad]

Obie, you'll probably have seen that a 10 year ban under 320(7b) ended in January 15 and the current spouse visa application was refused under 320(11). I believe zaidamjad, the OP was granted ILR in Sep 14.

Hi case you are right, I have one child with Irish nationality and second child ( non EU national) born in uk. My EU national child is going to join me before hearing date in uk. Would that add weight in my appeal?

Hi Obie, can you please add your comments on it. Thanks

[Obie]

Have you got a representative at present?

What is the position of the child that was born in the UK? Has he or she been registered

[zaidamjad]

Have you got a representative at present?

What is the position of the child that was born in the UK? Has he or she been registered

Yes I am will conssult few professionals to lodge appeal. My Non EU child is not registered ( only got UK Birth certificate) as I got my ILR recently and my UK born child is 10 years of old.

[zaidamjad]

spouse visa, overstayer (NHS use)

As a 320(11) is a discretionary refusal and how can that be removed for a spouse visa? Can some please help