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Why would you be granted a settlement visa based on 2 months of minimum proof of a relationship?limeandlimpid wrote:My settlement visa was recently refused on a 320 (11) due to a 5 month overstay previosly
as well as 281(3)( lack of evidence since my husband and I last met which was two months before our application was submitted (though we had given them telephone bills for the same months after they seemed to have overlooked this?) ,
I overstayed in the UK for 5 months after appealing a rejection of ltr on a student visa in 2007. The reasons for this being my solicitors at that point of time lead me to believe they would appeal the court hearing further. After many calls to them, and many promises, three months later I was advised by others and uni that I should question this a lot more and not be in the country. I spent the next month trying to sort out my situation( aka meet with more immigration specialists and the works) which only led to me being given more bad advice until I cut my losses aka not get my rejection and overstay sorted and left the country with my now husband (who is a British national). Iv been in India since and working.He was here for three months after which he went back and we v in france and india again after that.
Any advice on how I can prove I did not significantly frustrate the law, what is acceptable evidence?
I was also wondering if anybody could advice me on how to proceed after this rejection. I submitted my application through an immigration lawyer here, who encouraged me not to give too much importance to explaining my overstay, and just mention it, so I feel the ECO perhaps thought I took it lightly, which I actually never have. I'm also not sure my overstay counts as seriously frustrating immigration law?
As for not taking into account my telephone bills I am not sure why they did this is.
In the Nationality section of the application they have put me down as Sri Lankan and the currency exchange is also Sri Lankan, I am not, and furthermore have never been there and have no family ties there, not sure how they could have got this wrong?
My thoughts so far on proceeding are, (again if anybody could offer me any advice/input on this I would be very grateful)
1) would it be wise to put in a fresh application, explaining in detail my overstay and how sincerely sorry I am, and of course giving in the extra evidence needed to show my marriage is subsisting (will they also come back with more reason for rejection?)
2) Put in an appeal which they could drag on for ages but on the plus the post may review it and send it back within a few weeks if myself , my husband and his family kept writing to them?
3)Write to the high commission, explaining my overstay in detail and asking them to kindly review it based on my explanation that I did not overstay with intent to illegally remain in the country or frustrate their law. As well as my husband and family writing to them personally saying my marriage is subsisting.
We have been together two years, lived together in London for about 8 months and in India for 3. I am very reluctant to put my application in through another immigration specialist, unless there is someone you can recommend?
Thanks very much in advance for everyone who replies to this.
Your story doesnt make senselimeandlimpid wrote:hello republique!
we have already provided two years proof of relationship evidence, aka house lease contact, etc.... they rejected it saying we did not give any evidence of contact AFTER we last met,(two months between the time we last met and the application submission) though we DID given them phone bills for this time frame, along with all the other evidence before marriage (that they seem to have accepted). So they have overlooked some evidence, which we figure they cant do again if we give them a whole new pile showing that our marriage is subsisting. So to address the points of refusal, we were going to give all evidence we have after we last met till date of submission of appeal to prove that we are subsisting and have always been. Is this a good idea or should I include all the evidence of the last 2 years?
Thank You!