quick question

[joyous]

Can a failed asylum seeker who returned home voluntarily a year ago thro help of IOM qualify to apply for dependant visa to join wife who is on a fulltime student visa in UK.Can such a person qualify with the new rules banning pple who previously breached immigration rules?

[chuggletops]

The new rule (Para 320 7B) won't actually be implemented until 1 October 2008 and the Home Office have already started to make exceptions to it.

The short answer is that you can apply, but the fact that you'd previously claimed asylum and then returned might weigh against you. You also need to get the application in quick and to satisfy the entry clearance officer that you meet the requirements of para 76, i.e. that you are married, intend to live together, that there'll be adequate accommodation and that you could live together without recourse to public funds.

[vinny]

See also 26.17 - Refusal where the applicant has previously breached the UK's immigration laws.

Unfortunately, the exceptions to 320(7B) apparently do not apply to people who left before 17 March 2008 or spouses of students.

[republique]

See also 26.17 - Refusal where the applicant has previously breached the UK's immigration laws.

Unfortunately, the exceptions to 320(7B) apparently do not apply to people who left before 17 March 2008 or spouses of students.

Quicker answer

[gab]

From my understanding, IOM is not a part of the uk govt. If he/she voluntarily left the uk and ticket was not paid the govt using public funds then an application will not be refused under para 320 7b. the best option you have is to talk to an immigation lawyer and your university student advisor.