- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
The 12 months ban has not come in to effect yet I think it will be implemented from 1st of october.On first read the ECO guidelines suggest an automatic refusal 12 month(!!) ban on entering the UK but possible exclusion due to the right to family life. However would they be able to say that if we wish we can have a family life in the Ukraine? Bearing in mind I speak minimal Ukrainian and my work which I support us "the family" with is in the UK.
Everything I have read agrees with this comment. Potential of a 10 year ban if any deception is used. One question I have regarding this is whether neglecting to mention (as not directly asked) in order to not self incriminate rather than lying outright to a direct question can be considered in the same way if undisclosed facts are later uncovered?I would strongly recommend to tell the truth as any false information provided can be easily verified and will have a serious consequence on your wife's spouse visa application
As I understand it the new rules came into force from 1st April 2008, just the wrong time for us. There is an exemption as below but that applies to those who leave/have left voluntarily between 17th March 2008 and 1st Oct 2008, again just the wrong time for us as she left in Feb 2008The 12 months ban has not come in to effect yet I think it will be implemented from 1st of october.
In regards to moving to Ukraine.. I don't think ECO will ask you to do that because probably Article 8 applies to you.
While filling the application form I would recommend to answer to all the questions honestly and don't lie. However based on the application the interview may be conducted by ECO on such occassion answer only to the question asked and don't give too much informations which is not asked for.whether neglecting to mention (as not directly asked) in order to not self incriminate rather than lying outright to a direct question can be considered in the same way if undisclosed facts are later uncovered?
On 17 March in the House of Lords debate on HC321, the government announced a concession outside of the rules. The crux of this announcement was...As I understand it the new rules came into force from 1st April 2008, just the wrong time for us. There is an exemption as below but that applies to those who leave/have left voluntarily between 17th March 2008 and 1st Oct 2008, again just the wrong time for us as she left in Feb 2008
"26.17.5 Concession for applicants who were in the UK illegally on or after 17 March 2008 (the date of the announcement) and left the UK voluntarily before 1 October 2008"
Civil war?? I wonder where did you get that information from???The comments I have seen regarding article 8 seem to suggest there must be reasonable reason to believe that family life cannot be conducted in a country other than the Uk e.g. if the other country in question was in state of civil war. Just wondering how far this extends. Is it reasonable for them to suggest that I can go and live in the Ukraine with my wife even though it would have a huge effect on me both financially and socially?
So my question here is how do we make a good case for refusal interfering with family life? How to reply to the question "why can we not live together in the Ukraine"? Possibly covered in this section taken from page 12 of the same document.Stage 2: If (or assuming that) family life exists, will refusal / removal interfere with that family life - are there insurmountable obstacles to the family enjoying family life elsewhere?
Article 8 does not guarantee a person or their family the right to choose to live in the UK if they are able to live with their family elsewhere. Refusal of leave, or removal, will only interfere with family life if there are serious (insurmountable) obstacles to that family life being pursued elsewhere (so that in practice refusal or removal will result in the family being split up).
The Court of Appeal in Mahmood [2000] EWCA Civ 315 stated that:
•
Article 8 does not impose on a state any general obligation to respect the choice of residence of a married couple; and
•
Removal or exclusion of one family member from a state where other members of the family are lawfully resident will not necessarily infringe Article 8 provided there are no insurmountable obstacles to the family living together in the country of origin of the
member excluded, even where this involves a degree of hardship for some or all members of the family.
In order to certify the claim as clearly unfounded, caseworkers must be satisfied that any argument that the family could not accompany the claimant to the receiving country would be bound to fail. This is a high threshold, especially when it is uncertain whether the claimant’s family would be granted entry to the country to which the claimant would be removed. It would not, therefore, be appropriate to certify on the basis that the family can accompany the claimant to the receiving country if they are not of the same nationality as the claimant, unless there is evidence to show that it would be possible for them to live as a family in that country (if, for example, they have lived there together previously).
What makes you think that your wife's entry clearance application would be refused?? I wouldn't personally worry too much about the refusal at this stage. I know you are thinking of worst situation but I wouldn't worry about that now. For the moment I would concentrate on collecting documentation making the case stronger so that the entry clearance would be granted strainght away.how do we make a good case for refusal interfering with family life?
We were advised that we were under no obligation to disclose this fact unless specifically asked. The ECO seemed completely focussed on the overstay issue in the interview (possibly because of the mandatory nature of refusal he believed it carried). He did not ask about her time in the uk and whether she was working.could you answer the original question on this post - did your wife tell them she worked whilst in the uk? if so what happened?
She was asked to return to the embassy where they asked for her passport. After an hour it was returned with the visa attached.Did the British embassy asked her to submit her passport back