Spouse visa timeline

[Appeal32011]

I was refused a spouse visa under 320 (11), for overstaying and undertaking a university degree. Please see my timeline below:

Online application: April 5 2017

Biometric appointment: April 13 2017

Visa refused: July 10 2017

Appeal lodged and sent to tribunal: July 21 2017

Notice of appeal of pending appeal to HO: Aug 29 2027


Any idea as to how long it takes to get a date of hearing, if appeal is not overturned by the home office?

[Marsha2017]

I've just applied and like you I have a university degree that was undertaken during the period of overstaying so this really worries me.

Please explain your immigration history.

[oddone]

can u share your immigration history in more detail?

[Marsha2017]

My history is went to the UK as a dependant on dad's student visa in 2005. I was 15. Went to school and college. Last visa granted expired in February 2008 and my dad left without word and eventually divorced mum. I got into university in September 2008 but deferred entry to 2009. Started in October 2009 and graduated in 2012. Lodged further leave to remain application under article 8 in 2014 but was refused and granted appeal for Nov 2016. Appeal rejected but appealed higher and appeal still pending.
Met husband in 2012, started dating in Feb 2015, engaged July 2017. Left U.K. Voluntarily in 6th August 2017 and married 16th August 2017. Husband returned 22nd August 2017 and applied for spouse visa online 25th August 2017. Biometrics and document submission on the 29th of August 2017 and currently waiting decision.

Do you think the fact that I went to university will affect my application?

[Appeal32011]

Dear Marsha,

It's good to hear from you. Judging from my experience, I think you'll be refused for overstaying and undertaking university degrees without leave, but you may get lucky, as I know a person who was successful even after undertaking university degrees. Do you meet every other requirements- financial, accommodation and relationships? (I did) Did you use a lawyer? (I didn't) Did you use student loan? (I didn't )

I used a lawyer for my appeal, who has assured me that I was wrongly refused. An applicant can't be refused under breach of immigration rules (320 (11)) (i.e. Undertaking a degree) alone, there has to be an aggravating circumstance in addition to the breach of immigration rules. Aggravating circumstances include using fraudulent docs, absconding etc

[Marsha2017]

Hey! I satisfy all the other requirements so just hoping and praying to god that my situation will be different. Not giving up hope!!! I wish you well with your appeal. Keep us updated

[Marsha2017]

What country are you applying from?

[Appeal32011]

I applied from Nigeria. What about you? Was your application successful ?

Kind regards

[Appeal32011]

I was refused a spouse visa under 320 (11), for overstaying and undertaking a university degree. Please see my timeline below:

Online application: April 5 2017

Biometric appointment: April 13 2017

Visa refused: July 10 2017

Appeal lodged and sent to tribunal: July 21 2017

Notice of appeal of pending appeal to HO: Aug 29 2027


Any idea as to how long it takes to get a date of hearing, if appeal is not overturned by the home office?

[Shola2143]

What country are you applying from?

Was your application successful?