- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.
(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);
unless the applicant:
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
(ii) used Deception in an application for entry clearance more than 10 years ago;
(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;
(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or
(v) was removed or deported from the UK more than 10 years ago.
Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.
(7C) Paragraph 320(7B) shall not apply in the following circumstances:
(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,
(ii) a fiancé(e) or proposed civil partner under paragraph 290,
(iii) a parent, grandparent or other dependent relative under paragraph 317,
(iv) a person exercising rights of access to a child under paragraph 246, or
(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or
(b) where the individual was under the age of 18 at the time of his most recent breach of the UK's immigration laws.
You need to remind your solicitor about paragraph 320 7C (1) where it states that as you are applying under a spousal visa your overstaying is not a condition that can be used against you.africanchild wrote:thanks all..
I have been to citizens advice who referred me to a solicitor who said that since i have been served with a notice under the immigration act 1971 ,It will be used against me so I should take all my paper work showing that i didnt overstay and that my leave to remain ran out while my application was in progress to immigration and try to get the notice lifted....
once again thank you for your comments..
stay blessed
There is no discretion involvedmoma wrote:honestly the decision to ignore u are a overstayer is at the discretion of the ECO. so don't take the fact that u could be refused for granted.I would advise u to take everything u have. The returned application and any correspondence from the HO with u refer to it in ur application. give a clear explanation of why u overstayed and provide them with the evidence to back ur claim. don't leave anything to chance i did and ended up going for a hearing.hope this helps and it is my opinion its upto u what u do.