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What do you mean?sally12345 wrote:Many thanks for getting back so where does that leave many people in a sitution where they want to go home, but may find it harder to come back?SYH wrote:They can always refuse based on overstaying. Just that they seem to less harsh about if you leave and ask to come back
So there may be a general shift iShameavjones wrote: I had not, before mid October, ever seen a case in which a previous
overstaying alone had been used as a reason to refuse entry clearance as
a spouse. I have, however, been made aware of four different cases
which have been refused on this ground over the past ten days. They
have been from three different countries, including Pakistan and
Jamaica, and it therefore does appear that this represents a new policy.
It may very well be that people who are proposing to return to their
countries of origin in order to make an entry clearance application
under the Immigration Rules should therefore be advised it is possible
their case may be considered and refused under the general grounds of
the Immigration Rules.
Thank you to everyone who relied to my post I knew that this would be a hot topic. My partner is an overstayer of 3 years from Jamaica and as I said before we are planning on going home! However this issue with ECO’s refusing because the person overstayed is very very alarming?VictoriaS wrote:My experience is the same as Amanda's.
I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.
Victoria
Sadly no one knows. it takes between few months to 2 years . the norm is 18 months or more. My friend 's wife application was refused it took many letters from MP an da fax to the head of entry clearance before they decided to send the file back to the Uk an dthey do lie. they said that an ackowledgement letter was sent when it was not. No one ever bothered to reply to emails until they recieved a solicitor email and phone call. anyway that person lost the appeal and started a new application and got it. it was awaste of money and time. the reason????? they did not believe the marriage was real. the couple are now married for nearly 5 years and have a lovely baby too.sally12345 wrote:Thank you to everyone who relied to my post I knew that this would be a hot topic. My partner is an overstayer of 3 years from Jamaica and as I said before we are planning on going home! However this issue with ECO’s refusing because the person overstayed is very very alarming?VictoriaS wrote:My experience is the same as Amanda's.
I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.
Victoria
We have both decided that it’s best if he go back? But I am sick with worry now! And the uncertainty of when he will return is also worrying.
How long generally do you have to wait for an appeal?
And what are the costs involved?
All advise welcome
Thanks
Thanks for your help its just a shame really! we want to do the right thing and return home. But as I said before we just dont know how long it will take? I have known some people to go and come home in a matter of weeks, others years! its a big risk ahead........??????tinux wrote:Sadly no one knows. it takes between few months to 2 years . the norm is 18 months or more. My friend 's wife application was refused it took many letters from MP an da fax to the head of entry clearance before they decided to send the file back to the Uk an dthey do lie. they said that an ackowledgement letter was sent when it was not. No one ever bothered to reply to emails until they recieved a solicitor email and phone call. anyway that person lost the appeal and started a new application and got it. it was awaste of money and time. the reason????? they did not believe the marriage was real. the couple are now married for nearly 5 years and have a lovely baby too.sally12345 wrote:Thank you to everyone who relied to my post I knew that this would be a hot topic. My partner is an overstayer of 3 years from Jamaica and as I said before we are planning on going home! However this issue with ECO’s refusing because the person overstayed is very very alarming?VictoriaS wrote:My experience is the same as Amanda's.
I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.
Victoria
We have both decided that it’s best if he go back? But I am sick with worry now! And the uncertainty of when he will return is also worrying.
How long generally do you have to wait for an appeal?
And what are the costs involved?
All advise welcome
Thanks
That's changed, though - I've seen several refusal letters in the last couple of weeks where the ECO has relied on the general grounds for refusal, namely overstaying.IMMIGRATION LAWYER wrote:Depends on the set of documents and representation.
Follow the rules and requirements, and you should be OK.
I had been assiting people with severe overstay, removal, criminal past - none so far has been refused.
Just make sure your dcouments address all the isue the ECO may wish to escalate.
He had been an overstayer, but his refusal from jamaica was for other reasons, and not for the fact of being an overstayer - the refusal was in March, before ECO's started refusing on general grounds as Amanda has said.sally12345 wrote:Victoria, can I ask please did you win the appeal? and was the person in question a overstayer?VictoriaS wrote:My case on Friday was for a refusal issued in Jamaica in March, which was following an initial application the previous September. This is Kingston, who are notoriously slow.
Victoria
Hiya Hun,missbenz5474 wrote:Hi as I have posted my husband has recently been refused on the grounds of him overstaying.We are going to re apply the eco did say to him at the interview they cant refuse him forever .I just do not see how we will ever get a success if thats the reason they are using to refuse.What does anyone think or advise us to do?