Post
by arsenal49 » Mon Mar 01, 2010 4:29 pm
Ok the paragraph the caseworker is citing relates to you not complying with laws during your previous stay(student). And that is the fact that you can not argue about as you DID work over time (whatever the reason).
The only way you can argue your case is that extra works you did was not "significant" AND refute the other reason mentioned e.g proof of your marriage etc.
This is how you should go about with your appeal.
Say, that the work you did was insignificant in bigger picture. You are allowed to work 20 hrs during term time and unlimited hours during vacation. Do a calculation; Tell them How much you actually earned during your stay AND how much was earned illegally e.g. working more than 20 hours. Subtract two amounts and argue that this is insignificant amount given your circumstances. Add info about your mothers illness, doctors diagnosis, whtever it takes, so that caseworker feels for you and your SPECIAL case. Attach a heart-felt letter from your dad, or whatever, which would further add weight to your defence.
Then mention that you completed your studies anyway so your intentions were pure and you were victim of your special circumstances.
This should give you a good chance of being able to allow to go to UK.
I dont want to give you false hopes as i am also an outsider and dont know exactly how this appeal will be received by the Home Office. But, the paragraph under which you are refused, has some room for you to argue case and its anybody's guess if it will be sucessfull or not.
I wish you all the best.
PS. i have created anonymous post on your behalf incase you wanna contribute/ask anything else. There alre loads of helpful people in here and i have no as such expertise as compared to them. This will give your appeal better chance.
Kind regards,
PARAGRAPH 320(11) - FAILURE TO OBSERVE TIME LIMIT OR CONDITIONS ATTACHED TO PREVIOUS STAY
Whether or not a passenger satisfies the formal requirements of another paragraph of the Rules, under Paragraph 320(11) his previous immigration history may be taken into account. Refusal under this paragraph is appropriate where a person has shown by his previous conduct that he has contrived in a significant way to frustrate the purpose of the Rules. It is not intended that this paragraph should be used in a punitive manner, and the immigration officer should not seek to rely on, for example, a minor period of overstaying as a sole ground for refusal.