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avjones wrote:Hi Aniya - I've not heard of a refusal for this reason from Hong Kong, no.
I don't think looking for a job in HK will help - a spouse visa is a settlement visa, so looking for a job there might indicate you don't intend to make the UK your main home.
Sorry to hear that I thought that she would take Legal Aid cases! where does it leave you now? have you looked around? whats going on with your case? I hope that help comes your way soon. Stay Strong and keep up the good work. You are trying and that is the main thing!missbenz5474 wrote:Hi yes he got removed he was at a house with a few other overstayers and immigration did a raid.Immigration took him and he was removed and sent back to Jamaica within a couple of days.He has no criminal record at all.So they refused him because they removed him and because he worked whilst he was here.I looked on the ladys website and she does not take on legal aid work but thanxkyou so much for trying to help me out
What are overstayers meant to do? this is really shocking and I am left breathless.. im so tired.......VictoriaS wrote:Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. All I can think to fight on is Human Rights, but this is usually flimsy. This is going to be a MAJOR problem, as I think, unfortunately, that refusals on this basis while unfair are not contrary to law. Perhaps at JR there is a case, but not at appeal stage.
I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.
Victoria
Hi, can I ask if you know of many successful in country applications for spouse/fiance visas?VictoriaS wrote:Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. All I can think to fight on is Human Rights, but this is usually flimsy. This is going to be a MAJOR problem, as I think, unfortunately, that refusals on this basis while unfair are not contrary to law. Perhaps at JR there is a case, but not at appeal stage.
I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.
Victoria
I haven't known a successful in country switch from illegal to spouse in about 18 months, since DP3/96 stopped being worth the paper it is written on.linzm wrote:
Hi, can I ask if you know of many successful in country applications for spouse/fiance visas?
Any tips on how to make a successful in country application?
Thanks
Lindsay
This is indeed a very sad turn of late. Overstayers usually used to be stuck between a rock and a hard place. Now, it seems, they have no choice but hell.VictoriaS wrote:Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. ....
I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.
Victoria
Why is it sad? Special rules aren't fair for those of us who abide by the rules. At great expense in our case I might add!Docterror wrote:This is indeed a very sad turn of late. Overstayers usually used to be stuck between a rock and a hard place. Now, it seems, they have no choice but hell.VictoriaS wrote:Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. ....
I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.
Victoria
It would also encourage others to try the same - come to UK as a illegal/overstay whatever, doesn't matter cos UK will let u stay anyway.VictoriaS wrote:What harm does it do to let these people be together? None! In fact, this action is counter productive, as it will simply encourage people to stay here illegally instead of going home to get regularised, and then coming back legally, and possibly working and contributing to the economy.
There we go again! How come some of the more experienced members here still confuse the terms "overstayer" and "illegal immigrant" with someone who has broken the law! It's political spin to get people like you worked up.sometimes there is only one outcome, and that's to pay the price for breaking the law.
I thought it was an offence to knowlingly overstay, from this board:OL7MAX wrote:There we go again! How come some of the more experienced members here still confuse the terms "overstayer" and "illegal immigrant" with someone who has broken the law! It's political spin to get people like you worked up.sometimes there is only one outcome, and that's to pay the price for breaking the law.
I might be an experienced member but that's it! I always get it wrong! Ask me about LDAP tho and I'm you man.OEM Section B, Chapter 10 - Persons liable to administrative removal under section 10 (10.2 Criminal offences):
In addition, it is an offence under section 24(1)(b ) of the 1971 Act for a person to knowingly overstay or otherwise knowingly fail to observe a condition of leave.
And it is. Docterror's comment that you were replying to was about overstayers in general, and not any particular case. The "knowingly overstayed" would be just one type of overstayer/illegal immigrant, albeit a sizeable chunk. Not all overstayers/"illegal immigrants" have broken the law.I thought it was an offence to knowlingly overstay
For many years I was an "illegal immigrant" who had never broken UK law. I didn't want to live here, I didn't want to apply for stay, I just wanted to get out but I couldn't. It's a long story but you can read my first ever post if you're that keen. Think I'm a one-off? No. There are a lot of ways you can become "undocumented" without doing anything illegal.Are you suggesting that neither of them has broken the law?
The right way to state it is "For many years I was an "illegal immigrant" who had never broken any other UK law. "For many years I was an "illegal immigrant" who had never broken UK law.
You can choose to read it how you want. There was no law I broke. You're welcome to try and find one, the Home Office couldn't.I was an "illegal immigrant" who had never broken any other UK law
Just me, LOL? Your position can be either that people can become "illegal immigrants" without breaking the law or that they can't. You can't sit on the fence with both ears to the ground.When the term is used, I do not have the blanket assumption that all broke the law