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UK SPOUSE VISA REFUSED UNDER 320 11,NEW DELHI PLS HELPPPP

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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highhorse
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Posts: 38
Joined: Sun Jun 13, 2010 11:17 am
Location: UK, Applied Delhi

UK SPOUSE VISA REFUSED UNDER 320 11,NEW DELHI PLS HELPPPP

Post by highhorse » Tue Jul 20, 2010 10:01 am

I am british citizen and my indian husband has just been refused a spouse visa under 320 11. He was refused entry to uk last december due to having previously beached visa rules, very minor and he was given a 320 7b. He came back himself, paid himself. We were told we could apply a spouse visa so we did. He has never overstayed etc or entered illegally or done anything bad.

Anyway, back to the topic, he has been refused under 320 11, and they say that in their opinion this does not intefere with family life in the UK as we can continue to enjoy this in India.

Firstly i cannot move to india as i have a daughter and i am LEGALLY not allowed to remove her from uk. Does this mean they are suggesting that i should leave her (she is 7) or that i should have to choose between my daughter and husband?

Have they over looked it? Are they allowed to do this?

I feel like i am being ripped in half and we are both devestated. This destroys three peoples lives.

We used an immigration expert to apply and he is shocked that we have been refused under 320 11 as the offence was so minor.

Please can anyone help. We have 28 days to appeal. Is there a point? How can they expect me to choose?

Also can they use 320 11 forever? Or does it have a time limit?

Life is cruel. :cry:

bbbb
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Posts: 80
Joined: Tue Nov 10, 2009 4:16 pm

Post by bbbb » Tue Jul 20, 2010 10:40 am

Hi

Could u give more information about the refusal??
what kind of Offence r u talking about???
Bear in mind , There are NO minor offences.

highhorse
Newbie
Posts: 38
Joined: Sun Jun 13, 2010 11:17 am
Location: UK, Applied Delhi

Post by highhorse » Tue Jul 20, 2010 10:50 am

bbbb wrote:Hi

Could u give more information about the refusal??
what kind of Offence r u talking about???
Bear in mind , There are NO minor offences.
he played for a sports club and they asked him to do some coaching. he did this, they then gave him some money. this is apparantly classed as working. he had been coming for 6 years, no problems before, always returned on time etc.

seems harsh when you read other peoples stories.

bbbb
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Posts: 80
Joined: Tue Nov 10, 2009 4:16 pm

Post by bbbb » Tue Jul 20, 2010 12:53 pm

Ok He was working illegaly.
Now U need to find a good sollicitor for the appeal .
Make sure to emphasize the fact that u CANNOT go to india live with him , It is a good thing they haven t said that u r marriage is a sham.

highhorse
Newbie
Posts: 38
Joined: Sun Jun 13, 2010 11:17 am
Location: UK, Applied Delhi

Post by highhorse » Tue Jul 20, 2010 2:03 pm

bbbb wrote:Ok He was working illegaly.
Now U need to find a good sollicitor for the appeal .
Make sure to emphasize the fact that u CANNOT go to india live with him , It is a good thing they haven t said that u r marriage is a sham.
i have a good solicitor. he did some coaching for a few hours out of 6 months, not really working illegally in the manner that we all know it to mean but yes it does breach visa regulation.

why would they say our marriage is a sham? that would be ridiculous and the reason they havent said that is because of the enormous amount of evidence we have to prove it isnt and the fact we have known each other a long time.

shaad
Newbie
Posts: 35
Joined: Thu Jul 29, 2010 4:39 pm
Location: Karachi

Post by shaad » Fri Jul 30, 2010 9:16 pm

Did your husband in form vf4a mentioned anywhere that he worked? The form does not ask your husband if he's been in uk where he was working or aquiring his funding from?
how did they know about it.

lizziet
Junior Member
Posts: 60
Joined: Mon May 17, 2010 12:31 pm

Post by lizziet » Sat Jul 31, 2010 12:39 pm

Sorry to hear your husband's visa was refused. I thought there had to be aggravating circumstances to refuse under 320 (11) - i.e a premeditated intention to work or something. Can any of the moderators help with this?

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