Fiance's (In Nigeria) Application For Settelement Refused

[OA567]

Hello Everyone,

I have my Indefinite Leave To Remain visa.

My fiancé recently applied to join me on the Spouse Settlement Visa - FLR (M).

Her application was refused.

Here is a summary of the contents of the refusal letter, and, my proposed arguments:

1. REASON FOR REFUSAL - Was Previously Issued A Visiting Visa To Stay For 180 Consecutive Days - Valid From 11/08/2004 To 11/08/2006. Overstayed Visa. Afterwards, She Put In Application For LTR On 29/07/2013, And, Again 01/10/2013. Case Officer Stated That She Submitted A Request For Reconsideration (Without New Grounds For Reconsideration) 3 Months After Her Application Was Decided

MY ARGUMENT - Section A319 Should Prevent Any Consequence Of A Previous Immigration Offence Prior To Applying Now


2. REASON FOR REFUSAL - She Studied In The UK & Obtained A B.Sc Degree On 06/06/2013. The Case Officer Said That Since She Did Not Hold A Student Visa & Hence, She Must Have Mis-Represented Her Immigration Status To The University To Gain Admission.

MY ARGUMENT - Her Guardian At The Time Enrolled Her For Her Secondary School & A Levels. My Wife Was Not Asked For Her Immigration Status When She Applied to Study At The University. She Applied Through UCAS & Was Not Asked About Her Immigration Status

3. REASON FOR REFUSAL - She Obtained An NI Card. The Only Reason To Gain An NI Number In The UK Is So That She Can Work, And That He Is "Satisfied That This Conduct Is Consistent With That Described As Her Having Contrived In A Significant Way To Frustrate The Intentions Of The Immigration Rules"


MY ARGUMENT -


4. REASON FOR REFUSAL - The Case Officer Is Satisfied That She Has Previously Overstayed By 10 Years, Studied, Gained Employment When She Was Not Entitled To Do So. Therefore, He Has Refused The Application Under Paragraph 320(11).


MY ARGUMENT - Section A319 Should Prevent Any Consequence Of A Previous Immigration Offence Prior To Applying Now


5. REASON FOR REFUSAL - Case Officer States That He Is Not "Convinced" That Our Relationship Is Not Genuine. In Relation To Our Relationship, It Began On 11/02/2014, And, That We Were Married On 09/02/2015. Also, That We Last Saw Each Other 1 Day After Our Wedding On 10/02/2015. He Said That: He Expected To See "More Evidence" Because In A Genuine Subsisting , Supportive And Affectionate Relationship, There Would Be Evidence Of Regular Contact, Signs Of Companionship, Emotional Support, Affection, And, Abididng Interest In Each Other's Welfare, And, Well Being Throughout The Entire Duration Of The Relationship.


MY ARGUMENT - To Include Letter From Church Where We Met. This Will Verify Everything About Our Relationship In The Application


6. REASON FOR REFUSAL - As Supporting Evidence To Prove The Subsistence Of Our Relationship, We Provided A Marriage Certificate, Photographs, Lebara Phone Records, And, WhatsApp Messages


MY ARGUMENT - We Are Adding Letter From Church Where We Met Confirming The Information In Our Application


7. REASON FOR REFUSAL - The Case Officer Noted That The Phone Records Only Dated From 31/03/2015, And Show Limited Duration.


MY ARGUMENT - The WhatsApp Messages Are From August, 2014, And, The Phone Records We Provided Are From An Earlier Date Than That Specified By The Case Officer


8. REASON FOR REFUSAL - The Case Officer States That The Majority Of Our Pictures Were From Our Wedding Day. He Goes On To Say That We Say We Saw Each Other Every Day. But We Have "Not Provided" Evidence To Demonstrate This


MY ARGUMENT - We Included Pictures That We Took By Ourselves And With Friends In The UK. In our Appeal,We Are Including A Letter From Our Pastor In The Church Where We Met - To Confirm Information On Our Application.



9. REASON FOR REFUSAL - The Case Officer Also States That The WhatsApp Messages Only Show Contact From 29/12/2014


MY ARGUMENT - The WhatsApp Messages Are From August, 2014, And, Not The Date Stated By The Case Officer



10. REASON FOR REFUSAL - After Reviewing Evidence Provided To Prove Genuineness And Subsistence Of Relationship, Case Officer "Is Not Satisfied" That Her Relationship With Her Sponsor (Me) Is Genuine And Subsisting, Or That "We Intend To Live Together Permanently In The UK.


MY ARGUMENT - Letter From Church Where We Met. This Will Verify Everything About Our Relationship In The Application



Right Of Appeal - She Is Entitled To A Right Of Appeal Against The Decision Under Section 82(1) Of The Nationality, Immigration, And, Assylum Act 2002. If She Wishes To Appeal The Decision, Then, She Must Compete The IAFT-6 Notice Of Appeal Form. Should She Require Further Advice Or Assistance Please, Visit http://www.gov.uk/immigration-asylum-tr ... ide-the-uk

[OA567]

Please, can anyone suggest solutions or suggestions to the Case Officer's reasons for refusal?

[Obie]

I think you are getting into a muddle with the law.

A319 does not exist in law.

A320 exist, but it does not preclude a refusal under 320 (11).

The positive thing for you is that 320 (11) is a discretionary refusal , as opposed to 320 (7) which comes with a mandatory ban.

Therefore you may be able to convince a judge to exercise that discretionary differently.

The rest of the refusal is simply about a question of fact and you providing sufficient evidence to discharge the burden that your relationship is indeed genuine .

[secret.simon]

Section A319 Should Prevent Any Consequence Of A Previous Immigration Offence Prior To Applying Now

Which SectionA319 are you referring to? I am unable to find one in the Immigration Rules. Can you post a link to it and if possible, also the text?

Immigration Officers will take into account past refusals. If she has overstayed, she will also face a flat 10 year ban on citizenship.

We would need more details of your spouse's immigration history. When did she come to the UK, at what age and under what visa?

She has studied here and may have worked here. Was that allowed under the terms of the visa that she was under? She may have committed multiple immigration offenses, from the tenor of the refusal letter. The letter clearly states that the Immigration Officer is...

"Satisfied That This Conduct Is Consistent With That Described As Her Having Contrived In A Significant Way To Frustrate The Intentions Of The Immigration Rules"

That is to say that she is behaving in a way that means that she is trying to get around the Immigration Rules and that a marriage could just be the latest in a series of steps to get around the rules. Appearances are against her application, which is why your evidence about the genuine relationship becomes even more important.

5. REASON FOR REFUSAL - Case Officer States That He Is Not "Convinced" That Our Relationship Is Not Genuine. In Relation To Our Relationship, It Began On 11/02/2014, And, That We Were Married On 09/02/2015. Also, That We Last Saw Each Other 1 Day After Our Wedding On 10/02/2015. He Said That: He Expected To See "More Evidence" Because In A Genuine Subsisting , Supportive And Affectionate Relationship, There Would Be Evidence Of Regular Contact, Signs Of Companionship, Emotional Support, Affection, And, Abididng Interest In Each Other's Welfare, And, Well Being Throughout The Entire Duration Of The Relationship.

MY ARGUMENT - To Include Letter From Church Where We Met. This Will Verify Everything About Our Relationship In The Application

A letter from the church is not useful. You need proof of "Regular Contact, Signs Of Companionship, Emotional Support, Affection, And, Abididng Interest In Each Other's Welfare, And, Well Being Throughout The Entire Duration Of The Relationship." That would be things like phone call logs, Skype call logs, list of emails sent (not the content), photographs together covering the period from 11/02/2014 (when the relationship began) to date.

You say that you have provided that. So long as you have provided for the whole period of the relationship (from 11/02/2014), that will be very important in your appeal.

EDIT: Obie has responded while I was typing in my response. Obie, I believe that you mean a muddle with the law, not a module with the law.

[Obie]

You are very correct. I meant muddle . I am using my phone and as opposed to computer keyboards the phone tend to suggest and type contrary to what you had written.

[OA567]

Thank you very much Obie, and, Secret.Simon, I meant A320.

Obie, please, what do you mean by: "A320 exists, but it does not preclude a refusal under 320 (11)."

Is it because the application was refused under 320 (11) ?

I will reply shortly to Secret.Simon's other questions.

Thanks a bunch!!!

[Obie]

A320 applies such that the Secretary of state cannot refuse on the basis of overstaying and imposing a 10 years ban. But they are entitled to refused under 320 (11).

Although on this occasion I believe the basis for refusing under 320 (11) seems unduly harsh, as it appears that she was a minor during some of these period and cannot be held responsible for what her carer did.

I remember advising you a while back in regards to ban but I did not say they will not be able to refuse under 320 (11)


I think you should appeal.

[Appeal32011]

OA567 What was the outcome of your appeal? My case is very similar to yours- I applied from Nigeria, I overstayed my visit visa, went to the UK as a minor and undertook a degree at the University. I met every other requirement though (financial and relationship) and I didn't work during my stay there. I was refused under 320(11)

Currently waiting for an appeal date or- if lucky- an ECM overturn

I hope to hear back from you

[OA567]

Hi,

Thank you for your message. She was given the visa.

But it took about 2 years. We went to court.

The appeal was successful. We had to use a lawyer.

Are you appealing a decision made already, or re-applying ?

Are you using a lawyer ?

Thanks.

[Obie]

OA567 What was the outcome of your appeal? My case is very similar to yours- I applied from Nigeria, I overstayed my visit visa, went to the UK as a minor and undertook a degree at the University. I met every other requirement though (financial and relationship) and I didn't work during my stay there. I was refused under 320(11)

Currently waiting for an appeal date or- if lucky- an ECM overturn

I hope to hear back from you

320(11) can only be overturned upon appeal, in my experience.

[Appeal32011]

@Obie this is not true. Search for username Gbegum on this platform (re: Pakistan UK spouse visa appeals), whose 320 (11) was overturned by the ECM. See this username's message on Sept 16, 2016.

[Appeal32011]

@OA567 many thanks for responding. I'm happy to hear that she got the visa. Did it take 2 years from when you filed the application or when you filed the appeal? Kindly write your timeline (I.e application date, refusal, appeal, court date and the date she got the visa).

Yes, I'm appealing the 320(11) refusal and using a lawyer for the appeal. I'm not reapplying (should I reapply?). I'm hoping for the best, but a bit nervous, especially about the university degree. I think that's the main obstacle in my case. Do you have any advice on how to approach the obstacle?

Congrats once again

[Obie]

@Obie this is not true. Search for username Gbegum on this platform (re: Pakistan UK spouse visa appeals), whose 320 (11) was overturned by the ECM. See this username's message on Sept 16, 2016.

I am merely expressing my own personal view. In all my cases involving 320(11) and that does not include ones in which the factual matrix was wrong, or there has been a mixed up with other cases, the matter has only been resolved at the tribunal, where a judge decided whether the decision breaches the convention right of the person.

I understand this may not be what you will want to here, but i am simply expressing my observation on these cases.

[OA567]

Hi Appeal32011,

Apologies for the rather late reply.

The timeline was about 2 years from the date of application. The Appeal was on 15/08/2016.

We went to court on 16/09/2016

The refusal was overturned on the 26/10/2016

What kind of visa are you applying for please ?

That would help me answer your question better please.

Thanks.

[Appeal32011]

Hi OA567. Many thanks for responding. To be clear, you were refused in June 2015 (when you began this thread) and the decision was overturned in October 2016 ? I'm guessing you appealed in 2015, and not 2016?

I'm applying for a spouse settlement visa. I travelled to the Uk as a visitor when I was a child; i undertook a levels and then a law degree after (didn't work or claim benefits).

I left the Uk voluntarily with my long term partner (now wife) in Feb 2017 after overstaying for 2.5years (and 6 years previously). Married my partner also in Feb 2017. Applied in April 2017. in July, I was refused for overstaying and undertaking a university degree. Appealed straight away. The notice of appeal was sent from tribunal to Home office in August. Now I'm waiting

[Appeal32011]

Refused in July 2015*

[OA567]

Hi Appeal32011,

Yes, the appeal was in 2015. Sorry about that.

Funny enough, your situation is quite similar to my wife's because she also obtained an accounting degree (before she left voluntarily for Nigeria - but while overstaying) [There must be something about Nigerians & academics !! ]

The Home Office picked up on it & included it as part of the initial refusal. But, she was eventually granted the spousal visa; irrespective of her gaining the degree.

The lawyer (during the tribunal hearing) rightly mentioned that she had stayed away (from the UK) long enough, and, that should serve as enough punishment.

I hope this helps.

[Appeal32011]

Lol Yes, we love studying. I actually got two degrees, Bachelors and Master's. I don't regret it one bit. It's rather unrealistic for the government to expect an 'illegal immigrant' to live in Britain for over 10 years and not work, travel or study.

Anyway, thanks for your input.

Best