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For details, see also New guidance on rule 320(7B) refusals published and 26.17 Refusal where the applicant has previously breached the UK's immigration laws [Updated 15 May 2008].chibage wrote:I also dont think they will use overstaying against him in the new application due to the concession regarding family members.
Hold up chibage. Yaelitch, on what date exactly did your husband make his application? Was it before the 17th March - which is when the concession began?chibage wrote:Personally i dont think you have to go back to submit the application together. I also dont think they will use overstaying against him in the new application due to the concession regarding family members. Just make sure all your other evidence is in order (Finances). Good luck and im sure your lawyer will assist you to put in a strong application!
yaelhitch wrote:hi guys sorry been so late
he applied on the 17th march but was given the decsion on 8th april so it was all messed up. anyway we are applying again and stating that they cannot decline him on the fact he overstayed alone due to the new consession. but we have wasted time and money doing it the first tine we have a date for the appel which is DECEMBER and i refuse to wait that long in case he does not win the appeal. we have to apply before the 1s of october in order to keep the consession i place so thanks for all your help i will let you know how we get on
x
yaelhitch wrote:in order for him not be refused just becasue he overtsayed you have to apply before october 08 as thats when the consession ends. We applied just before the new consession in march so we got the mandatory refusal because he overstayed. With this new consession in place they are not allowed to reufse him just becasue he overstayed. We are going to look at the other reasons she reufsed us i.e. my finances and make sure this time we put together a really solid file adressing everything ther ECO said in the refusal letter.
We HAVE to win this time as we have hardly anymore to keep re-applying for new acses etc. I just hope that by the middle of september our case file will be strong enough.
The best advice i can give is get a laywer that way you cannot go wrong. If you cannot afford one try getting legal aid. Thery will help you with you documents and give a covering letter.x
sally12345, I'm glad you've got the sense to see your lawyer because "many people" have got it wrong. They will still need to avoid the significantly contrived clause of the concession as well as meeting the relevant immigration rules for their application.Hi Thanks for getting back to me.... I do have a lawyer and most of my documents are in tact but I did not discuss this with my lawyer as many people have said that you only need to exit the Uk! before OCT 01 However I am going to talk with my lawyer Monday and see what he says
as I dont really want to fall into the 1 year ban thanks
Farneybunny, as long as you have left the country before 1st October 2008 you can make your application after that - Liam Byrne hasn't specified any time frame for this eg up to 6 months after, but I'm sure he will eventually.Do we have to leave and make the application before 1st october or you have to leave before oct and can make the application anytime after that?
carlabeach,i am confuse in something uswell if you leave voluntary uk in february 2008 and applied for spouse visa like now.
what gonna happen? a)refused this moment. b) ban for a year that means applied in february 2009. c) or is under new rules and you can applied until october?