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awesomeadil wrote:The Entry Clearance Officer's Reasons and supporting evidence
I have carefully consdiered your application. However, you do not qualify for a visa for the following reasons.
You were issued Entry Clearance to the UK as a Student on 19 September 2002 to study at Keele University. Youe Entry Clearance expired on 31 October 2003. You stated during the interview that you did not complete your course at Keele University as your father was unable to continue sponsoring youe studies due to his business being shut down. You stste that you move to manchester and started working. You have not provided any evidence to show what you were doing in the UK for all this time. You have submitted no evidence of your immigration status in the UK as a copy of arrival oe exit stamps.
You state you lost your passport in 2005. You reported it missing to the Indian Deputy High Commission in Birmingham. I note that you were issued an emergency passport on 10 July 2006. You state that you returned to India within four days. However, you have not submitted any evidence to support this. I note that your new passport was issued in Hyderabad in February 2007.
Taking the above into consideration i am not satidfied that you have observed the time limit and conditions attached to a previous grant of leave to enter the United Kingdom and I am not prepared to exercise discretion in your favour Paragraph 320(11)
In additio, your lack of evidence of any attendance at Keele University leads me to consider that you obtained your initial entry clearance to the UK by deception. Paragraph 320(12)
I have also taken account of article 8 of the Human Rights Act. I consider that I am justified in refusing this application, under immigration control. I do not believe that refusing this application will interfere with family life, for the purpose of article 8(1), as you can continue to enjoy that in India.
They aren't changing it precisely, I think. The previous policy seemed to be not to consider the general grounds, and allow an overstayer to enter as a spouse considering the matter on the spouse rules only.VictoriaS wrote:This is VERY disturbing. Amanda - have you come across this before? Can refusal on these grounds be appealled?
Until seemingly now, it was policy to allow those who had previously overstayed to enter as a spouse providing they fitted all the rules. If they are now changing this, a lot of people are going to have some serious problems.
Victoria
Discrimination - for what reasons?awesomeadil wrote:In the above letter she says that Human Rights Article 8, that this doesnt interfere with my family life, so in other word she is saying my wife should come live in India with me i.e telling my wife a Born and Bred Brit who only left the country to marry me to get out of UK if you wanna be with your Husband. I would call this discrimnation.
awesomeadil wrote:My spouse visa was refused yesterday only on the basis of my overstay, the ECO was not interested in anything except that mundane detail.
Am I the only one who thinks that an overstay is more than "mundane" or "nothing wrong"?sally12345 wrote:Hiya Sorry to hear of your problems you are facing! its mad when you know that you have dne nothing wrong.. you are right its like a murder case!
I must concur, when I go to Russia I constantly shit myself for fear of falling foul of their foreigner laws and rules, so much so I panic for the whole trip, it could balls up any future visits...paulp wrote:awesomeadil wrote:My spouse visa was refused yesterday only on the basis of my overstay, the ECO was not interested in anything except that mundane detail.Am I the only one who thinks that an overstay is more than "mundane" or "nothing wrong"?sally12345 wrote:Hiya Sorry to hear of your problems you are facing! its mad when you know that you have dne nothing wrong.. you are right its like a murder case!
I still think you're still playing the victim. I don't believe this barrister story for one moment but even if it's true you are effectively admitting that when you know you've done something illegal you run from the law. And that you did.All I did was act on bad advice!
Well usually when a solicitor doesn't wish to discuss something with the authorities, then it is tip off they are not on the up and up. Wanting the 2000 pounds pretty heavy payment should have been your red flag.awesomeadil wrote:Frankly, All I did was act on bad advice! I approached an Immigration Barrister which was advertised in a Asian Newspaper who advised me not to report it to the home office and not to report it to the police because according to him me and my wife could be jailed.. he wanted 2000 pounds for getting the things set right. That was coming from a Barrister, I mean someone with that title would naturally be trusted but it was evident that he just wanted to prey on our helplessness. Neways, I got an Emergency Passport thing done and returned to India to set things right. Anyway we have gathtered documents for the appeal,
We have
everything we submitted for the original app
plus transcripts from my University for the year attended
Arrival Acknowledgement as the Emergency passport is retained by Officials
Ticket from Manchester to Hyderabad
And a detailed essay on how my circumstances changed
Anythin else I need to add!!!