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IS THERE REALLY A CONCESSION???

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blessedlady89
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Posts: 32
Joined: Fri Jan 16, 2009 6:22 am

IS THERE REALLY A CONCESSION???

Post by blessedlady89 » Sun Apr 26, 2009 6:50 am

I was wondering if there is really a oncession? If the BHC is implementing it.

I was refused visa because of overstaying. I have met all the rules.
Accommodation, finances, over 21, continuing relationship with my husband, a child who was born in the UK. NO criminal conviction, I used my true identity. Private life established.
I left UK and was refused when I submitted my application.

And also a friend who left the UK 2 days before me was refused.
We are on appeal and it takes ages.


They used the argument Paragraph 320 (11). The ECO should used discretion on this matter but didn't. I think we are being punished and let us pay . Could you imagine we are seperated from our husband. And considering how many appeals from all over the world AIT has to deal with???

jei2
Member of Standing
Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Post by jei2 » Sun Apr 26, 2009 10:50 pm

320(11) is the hurdle that most overstayers in your position need to get past before you can benefit from the concession.

What exactly did the ECO say in relation to the reasons for refusal?
Oh, the drama...!

blessedlady89
Newbie
Posts: 32
Joined: Fri Jan 16, 2009 6:22 am

Post by blessedlady89 » Mon Apr 27, 2009 1:20 am

I had an in country application but was refused I didn't appeal.
Advise of the solicitor to go home . I didn't but choose to stay .
No one advise me to appeal. At that time I had a child who was new born.

Even if there is no Concession announced , I will go back, because everything is settled already. Financial, accommodation, etc.

The ECo should use disretion.

If this is the case I should not leave UK and re open the case. But I saw several solicitor who advised me to go home and apply for entry clearance visa. Quicker .


The thing is, even before the concession was announced, a friend of mine left UK and apply for entry clearance visa in 2005, she was granted a visa. I think it depends on the mood of the ECO who will handle the case.


The ECO basically said that since I didn't appeal , I must leave the UK but instead I continue to stay in the UK.

So, just in case i left the UK , what guarantee can I get that I will issue a visa. at that time there is no concession.

What more that there is a concession announced but still refuse me.




jei2 wrote:320(11) is the hurdle that most overstayers in your position need to get past before you can benefit from the concession.

What exactly did the ECO say in relation to the reasons for refusal?

carlabeach
Junior Member
Posts: 58
Joined: Fri May 23, 2008 6:20 am

Post by carlabeach » Mon Apr 27, 2009 1:55 am


jei2
Member of Standing
Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Post by jei2 » Mon Apr 27, 2009 10:31 am

blessedlady,

You've given completely opposite statements in your two posts. Firstly you state that you've left the UK and were refused. Secondly you state that you were refused in the UK and have not left.

Can you explain your position a bit more clearly?
Oh, the drama...!

blessedlady89
Newbie
Posts: 32
Joined: Fri Jan 16, 2009 6:22 am

Post by blessedlady89 » Tue Apr 28, 2009 4:52 am

Sorry for confusion.

I had an in country aplication which was refused. I didn't appeal.
I stayed in the UK for quite some time.

And then after seeing several advisers, they said that I should leave the UK and apply from home. Which I did. I left UK.

when I submitted my application this was refused. (Para 320 (11) )
jei2 wrote:blessedlady,

You've given completely opposite statements in your two posts. Firstly you state that you've left the UK and were refused. Secondly you state that you were refused in the UK and have not left.

Can you explain your position a bit more clearly?

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