Can 320(7B) be change to 320(11) on review?

[dantolu]

I was refused a spouse visa under paragraph 320(7B) for 7yrs overstaying and I have appeal saying 320(7B) shud not be applicable to spouse applicants under 320(7C) but some one told me that may be the ECO made a mistake that he shud have use 320(11).

I submit my appeal to BHC in Nigeria, it is now 4weeks and it has not been forward to AIT in London according to BHC it is under review and AIT also said they don't have my appeal.

Is it possible or right by law to change the refusal to 320(11) after i was issued one that clearly say paragraph 320(7B). Do u think the visa will be issued on review insteading of going to appeal.

[vinny]

I think that it may be possible, subject to fairness.

[Kitty]

This is just y initial reaction but I suspect that "fairness" would mean that even if the ECM decided to change the reason for refusal to 320(11) on review, the matter would still have to go on to an appeal hearing. The reasons for alleging that 320(11) applied would have to be tested. If the Immigration Judge then decided that 320(11) applied, then the appeal could be dismissed on that basis.

Whay do you think that 320(11) might apply dantolu, if all you did was overstay?

[dantolu]

Hi kitty,

My fear is that the overstaying is 7yrs and I applied for EEA depedent when I was in UK that was turn refuse on a different age and I disclose that on my spouse application and driving offence in the UK which is disclose as well.

It is also strange that the ECO use paragragh 320(7B) for a spouse application which am happy for, because my ground of appeal look strong base on the 320(7C).

[mochyn]

Hi kitty,

My fear is that the overstaying is 7yrs and I applied for EEA depedent when I was in UK that was turn refuse on a different age and I disclose that on my spouse application and driving offence in the UK which is disclose as well.

It is also strange that the ECO use paragragh 320(7B) for a spouse application which am happy for, because my ground of appeal look strong base on the 320(7C).

From your reply it seems that you have tried to deceive the Home Office and so you have no hope at the appeal

[Kitty]

From your reply it seems that you have tried to deceive the Home Office and so you have no hope at the appeal

To add to what mochyn said, "deception" falls under 320(7B) so on its own would not bar you from a settlement visa.

However, overstaying and/or deception could form the basis of a refusal under 320(11) if there were "aggravating circumstances".

What were the circumstances of your EEA application and its refusal? Why did you give the wrong age?

While you were an overstayer did you claim benefits to which you were not entitled etc?

To be honest, I don't know if an EEA application counts under 320 as a "previous application for leave to remain" because EEA applications aren't really for leave to remain: they just seek confirmation of a status that the applicants believes he/she already has. However, your overstay plus some "aggravating circumstances" could still ad up to a 320(11) ban. UNless we know the full circumstances of your immigraitno history and previous applicaitons, we can't really help.

[dantolu]

Hi Kitty,

The EEA depedent was refused cos i did not submit passport & my EEA cousin inform the HO that I no longer live with her cos I move in with my wife. To be honest the wrong age was a silly mistake it shud be 84 and I used 82 but the day & month is thesame. I inform ECO of this in the settlement application.

I did not seek any benefit but I did Driving license which I used in driving and it has been returned to DVLA and it has cancelled by them. BUt all this information are disclose with my application. Is it that the ECO ignore all of this and will the ECM returned back to all of this or will he/she just review base on the refusal letter? Can all of this justify refusal on 320(11)?

Let me also thank u for all your support.

[dantolu]

I thank God, I have been issued two yrs. Guys put your trust in God and call them. I was called on last week and I submitted my passport and I was told next day to collected and I saw 27 months.

[HRY2005]

Congratulations, its good to believe and never give up. I wish you all the best.

[vinny]

Good news!