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Spouse visa refused - frustrating immigration rules

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gbegum
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Posts: 36
Joined: Sat Jan 16, 2016 10:21 pm

Spouse visa refused - frustrating immigration rules

Post by gbegum » Sat Mar 05, 2016 11:23 am

Salaam.
I'm new here.
we applied for my husbands visa 22nd of October 2015, refused January 22nd 2016, appeal lodged 15th of February 2016, payment taken 3rd of March.
Can anyone please tell me what happens next ie.. how or when do I get the review deadline. Also the reasons for refusal were 320(11) frustrating immigration rules and non subsisting marriage.
The ECO blatantly ignored all the photos, whatsapp, facebook, skype UK registered phone bills from both of us as my husband was a student for 3 years in UK, applied for an extension , which was refused, he received no letter to confirm this until he was intercepted at home and detained for 3 months, released on bail in September 2015 and had to sign in every week, he then voluntaryily left the Uk on the 7th of August 2015.We married in Pakistan on September 2015.
Please can anyone shed some light on what happens next... its very stressful...
Any information will be highly appreciated.
jazakallah.
xxx

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse visa refused - frustrating immigration rules

Post by noajthan » Sat Mar 05, 2016 11:31 am

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse visa refused - frustrating immigration rules

Post by noajthan » Sat Mar 05, 2016 11:39 am

gbegum wrote:Salaam.
I'm new here.
we applied for my husbands visa 22nd of October 2015, refused January 22nd 2016, appeal lodged 15th of February 2016, payment taken 3rd of March.
Can anyone please tell me what happens next ie.. how or when do I get the review deadline. Also the reasons for refusal were 320(11) frustrating immigration rules and non subsisting marriage.

...

Please can anyone shed some light on what happens next... its very stressful...
Any information will be highly appreciated.
jazakallah.
xxx
What is the history that lead to refusal under 320(11) frustrating immigration rules and non subsisting marriage?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gbegum
Newbie
Posts: 36
Joined: Sat Jan 16, 2016 10:21 pm

Re: Spouse visa refused - frustrating immigration rules

Post by gbegum » Sat Mar 05, 2016 11:50 am

My husband came to the UK on a tier 4 visa 2011-2014, curtailed on December 2013, he applied for extension on the 5.2.14, refused due to TOEIC test(deception as was a s the time), HO came to his house and detained him from 17.6.14- 1.9.14, release on bail on 1.9.14. JR review hearing-refused, court of appeal applied, but he withdrew the case and departed voluntarily on the 7.8.15.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse visa refused - frustrating immigration rules

Post by noajthan » Sat Mar 05, 2016 11:55 am

gbegum wrote:My husband came to the UK on a tier 4 visa 2011-2014, curtailed on December 2013, he applied for extension on the 5.2.14, refused due to TOEIC test(deception as was a s the time), HO came to his house and detained him from 17.6.14- 1.9.14, release on bail on 1.9.14. JR review hearing-refused, court of appeal applied, but he withdrew the case and departed voluntarily on the 7.8.15.
Based on other members' experiences (in forum), the association with TOEIC is likely to weigh heavily on you both now.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gbegum
Newbie
Posts: 36
Joined: Sat Jan 16, 2016 10:21 pm

Re: Spouse visa refused - frustrating immigration rules

Post by gbegum » Sat Mar 05, 2016 11:56 am

The ECO stated that i had mentioned whatsapp, facebook, skype, itemised billed UK mobile network statements, however had not provided them , when I had all 300 pages of them!!!. coincidently none of my wedding pics or the previous mentioned evidence was returned to me from Sheffield.
The ECO stated yes he believed the marriage had took part due to the marriage certificate but believed we did not intend on living together as all we had was a marriage certificate . he stated that i met my husband on the 5.5.14 first time then got married on the 13.9.15. And so stated that the marriage was not subsisting.

gbegum
Newbie
Posts: 36
Joined: Sat Jan 16, 2016 10:21 pm

Re: Spouse visa refused - frustrating immigration rules

Post by gbegum » Sat Mar 05, 2016 12:00 pm

There s no mention of TOEIC deception in the ECO's response, I believe 320(11) is not valid on TOEIC, but more so frustrating the rules. ie.. overstaying??
I may be completly wrong.. any advice is welcome.
Also what happens after the appeal money has been taken?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse visa refused - frustrating immigration rules

Post by noajthan » Sat Mar 05, 2016 12:10 pm

gbegum wrote:There s no mention of TOEIC deception in the ECO's response, I believe 320(11) is not valid on TOEIC, but more so frustrating the rules. ie.. overstaying??
I may be completly wrong.. any advice is welcome.
Also what happens after the appeal money has been taken?
It may be ancillary to your case but you can get up to speed here:
http://www.immigrationboards.com/uk-tie ... ilit=TOEIC

Others can advise on the appeal.
It seems you have other options in mind anyway (Denmark).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gbegum
Newbie
Posts: 36
Joined: Sat Jan 16, 2016 10:21 pm

Re: Spouse visa refused - frustrating immigration rules

Post by gbegum » Sat Mar 05, 2016 12:19 pm

noajthan wrote:
gbegum wrote:There s no mention of TOEIC deception in the ECO's response, I believe 320(11) is not valid on TOEIC, but more so frustrating the rules. ie.. overstaying??
I may be completly wrong.. any advice is welcome.
Also what happens after the appeal money has been taken?
It may be ancillary to your case but you can get up to speed here:
http://www.immigrationboards.com/uk-tie ... ilit=TOEIC

Others can advise on the appeal.
It seems you have other options in mind anyway (Denmark).
yes i want to see my husband in denmark in two n im keeping my options open but want him join me in uk asap.
do you think his previous immigration history will affect the schengen visa(demark).

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse visa refused - frustrating immigration rules

Post by noajthan » Sat Mar 05, 2016 12:22 pm

gbegum wrote:[yes i want to see my husband in denmark in two n im keeping my options open but want him join me in uk asap.
do you think his previous immigration history will affect the schengen visa(demark).
It should not be a factor.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

BYC
Newbie
Posts: 33
Joined: Sat Mar 30, 2013 12:56 pm

Re: Spouse visa refused - frustrating immigration rules

Post by BYC » Sat Mar 05, 2016 8:46 pm

My understanding is that 320 11 shouldn't be used alone, there should also be aggravatting circumstances, check the rules itself, if your husband has any previous aggravatting factors, if he didn't have any, then 320 11 has been wrongly applied.

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