Refused under paragraph 320 (11) for spouse visa

[sotyr1]

Hello everyone,
I am really concerned as my husband was refused for an entry clearance under paragraph 320 (11).
The situation is very long, but to sum it up short, I have ILR, and I am from Pakistan, and my husband is from Albania.
He has overstayed in the UK for 8 years, and we have met in 2009, moved together in 2010 after nikah, and in 2011, we got married in a marriage ceremony and registered our marriage.
I had tier 1 at the time, so when my husband applied, he was refused, and after so many unsuccessful appeals, he finally returned back voluntarily Albania and applied for an entry clearance.
He was refused under paragraph 320 (11) for overstaying in the UK, working illegally and using a false document to obtain work.
I am very worried, as the refusal suggested that I should move to Albania if we want to be together. I have lived in the UK for 10 years, I have a good highly paid job, I can't relocate, and I don't speak the language.
Did anybody come across a similar situation? I am really concerned as I don't know what will happen, and my family don't know anything about this. Could you please advise if it is worth appealing this decision?
Many thanks,

[secret.simon]

overstaying in the UK, working illegally and using a false document to obtain work.

That is a fair few immigration laws that he has broken.

Merely because you have ILR (or even British citizenship) does not mean that a visa should be issued to your spouse, who is, if the allegations are true, a repeat offender.

If you were a British citizen, you could look at the Surinder Singh route, which only looks at the fact that you are married and requires all other factors (such as breaking the law) to be ignored.

[noajthan]

Hello everyone,
I am really concerned as my husband was refused for an entry clearance under paragraph 320 (11).
The situation is very long, but to sum it up short, I have ILR, and I am from Pakistan, and my husband is from Albania.
He has overstayed in the UK for 8 years, and we have met in 2009, moved together in 2010 after nikah, and in 2011, we got married in a marriage ceremony and registered our marriage.
I had tier 1 at the time, so when my husband applied, he was refused, and after so many unsuccessful appeals, he finally returned back voluntarily Albania and applied for an entry clearance.
He was refused under paragraph 320 (11) for overstaying in the UK, working illegally and using a false document to obtain work.
I am very worried, as the refusal suggested that I should move to Albania if we want to be together. I have lived in the UK for 10 years, I have a good highly paid job, I can't relocate, and I don't speak the language.
Did anybody come across a similar situation? I am really concerned as I don't know what will happen, and my family don't know anything about this. Could you please advise if it is worth appealing this decision?
Many thanks,

Refusal under 320 (11) is discretionary and based on aggravating factors.
If such factors have occurred then the position is challenging to say the least.

On the other hand your husband apparently left UK voluntarily &, in a sense, appears to have attempted to regularise his position in UK.

The precise timelines & subsequent length of absence from UK may be significant here;
also a demonstration of genuine marriage.

In any appeal a key question to address is whether there was an adequate balancing exercise (performed by ECO) under the guidelines.

Here is a similar case which was appealed:
https://tribunalsdecisions.service.gov.uk/utiac/37627

If all else fails you could, once you have naturalised, consider taking the Surinder Singh route by shifting your centre of life to another EU country for 3-6 months or so.

The idea behind SS is your husband would join you in the EU country, where you would live & work.
On your eventual (joint) return to UK you would be treated as an EEA national, operating under EU rules, with a dependent family member.
Plenty of guidance on SS to be found within the forum & via Google.

However difficult that may sound just now it may be preferable to other 'options'.

This kind of case would probably benefit from the services of a good immigration lawyer.
Good luck.

[Obie]

Appeal the decision, as it is discretionary, a Judge could decide to exercise the discretionary differently.

Try and work on your naturalisation application in the meantime.

[sotyr1]

Thank you for your replies, I will do as suggested.

[NeneT]

hi i hope you are well, do you have a legal representative and have you contacted your MP?

My husband (Albanian) voluntarily went back and we applied for the UK entry clearance in June 2015, still waiting for them to give us a decision and it is very stressful. When you chase their response is 'the application is being processed' and they replied to my MP stating 'I should explain that before a visa can be issued, a number of mandatory checks have to be made in the UK and in the applicants own country before a visa is issued.

We will contact the applicant once a decision has been made.'

We did our religious marriage (nikah) in the UK and the registry in Albania.

It's very unfair that a EU national is allowed to have a family life in the UK and a British born has to struggle

[Obie]

Then the option is open to you to move to the EU national home state or other EU country, so you can enjoy similar right.

You have to remember that the EU NATIONAL may not be able to enjoy the same right in their home country , as you will if you went and settled there.

[sotyr1]

The hearing is taking place soon and I am really concerned about the outcome.
During this time, I have tried to meet my husband in Europe few times, I have visited him in his home country.
I am really concerned if the appeal will be rejected again as I have a good job in the UK, I have 2 properties and I don't see myself living neither in Albania nor in Pakistan.
Has anybody heard of any similar successful cases recently?
Many thanks

[Elliewifetoalbanian]

I'm British. My husband is Albanian. We were refused under same rule and we went to appeal. Husband had entered U.K. Illelegally worked been encountered by immigration gave them a false passport did his interviews in Greek and was released. They then found out he deceived them and was held in an immigration centre. We were refused flr fp but took it tribunal and won! The only real difference is my husband did not leave the UK and fought from within. Best of luck with your appeal!

[vinny]

See also General grounds for refusal: contriving to frustrate the intention of the rules.

[alphagear]

So what was the outcome?