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Chibage,Frontier Mole wrote:jei2
Thanks for the direct to the other post, I have read it.
I was aware of that part of the UKvisas guidance, you might have noticed in other posts I have differentiated between "simple overstayers and failed asylum seekers who absconded"
I still of the mind that the door is still wide open for the ECO's to refuse on fairly minor infractions. Take "harboring an immigration offender" that can translate to providing accommodation to an overstayer, which if you think about the sponsor in the case of spouse or fiancée visa would be the normal practice. Where else would they be staying?? I guess that particular point will depend on the word "offender".
I am going to hold back on any positive view until I get some feedback on post 17/3/08 applications. Grant is good however until some refused on the basis of "significantly contrived" are seen it will be impossible to get an indication of where the interpretation is going.
I am still holding on to my view - "the wording is still as wooly as a flock of sheep"
This is an extract from the instructions to Entry Clearance Officers:ipassfield wrote:HI,
My wife's visa application was refused 3rd April 2008 quoting 320(7b) as she left the UK voluntarily at my expense before 17th March, how do I go about getting them to reconsider the application.
I have started the appeal process but I will not even get a hearing date until October/November, she would have left the UK a year ago by then.
Anyone else in a similar position?
http://freemovement.wordpress.com/2008/ ... ion-rules/farneybunny wrote:which rules are coming in to force 30th june?
We're planning to go to Italy to get married and come back here for 2 days to clean up the house (and btw the tickets to fly from here to Malaysia are cheaper as well ) before flying to Malaysia to live there for a couple of years. So does this means when we come back from Italy, they cannot refuse me re-entering (I'm from Malaysia and we don't need visa to come as tourists for 6months) at immigration control? Will they have to allow me back in? or is there any possibility they can do something about it being that i'm an overstayer? My sons holds Italian passport btw. We planning to show the tikcets to Malaysia to prove that we're only coming back in for couple of days and leaving after that.farneybunny wrote:
Does this mean spouse cannot be banned from re-entering UK eventhough he/she has overstayed?
Yes (or rather, they will not automatically be banned).