Paragraph 320 11

[sabah84]

Hi I would like to know about Paragraph 320 (11) regarding Overstaying in United Kingdome rules for applicants applying for Visas.

I understand you can get refused if you have frusterated the immigration rules i.e deportation, false documents/names/identity, illegal entrant, ect.

I havent dont any of this but I did overstay 4 years nearly and returned to US then bak to UK but I was on a new passport. I lost my passport when my father passed away and it was a mess here back home... unfortunate....

Then recently in May this year (2009) I was refused entry on a Visitor Visa in UK cus of my previous overstay.

Will this come under paragraph 320 (11)??

[batleykhan]

This is rule 320 (11)

11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

Does this help and explain why you were refused?

[sabah84]

Hi thanks for replying.

I am applying for a UK Spouse Visa to join my husband in UK. I am in USA. We been married 5 years, british marriage. I know spouse visa applicants are exempt from Overstay Refusal, but can be refused under 320 (11).

I have read what 320 (11) Rule is, but am not sure if my situation could be refused under that. I just wanted some opinions...

My refusal into UK was because of my previous overstay...

[Castor83]

This is rule 320 (11)

11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

Does this help and explain why you were refused?

Hey just to pipe in here, because I'm in a similar situation... This doesn't really explain at all why she was refused. This simply says that if someone has done any of the things listed here, you need to see the guidance for a list of "aggravating circumstances" for which they can be refused.

Get yourself a good immigration advisor...