AOA786
Minty you did not mention my name in the spred sheet why?
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http://www.tribunals.gov.uk/Immigration ... tactUs.htmdilseabbassi wrote:Hi guys is there any email address for the AIT department that i can email to see if they received my appeal papers yet? Ive found a phone number but i dont know if they will tell me over the phone
What does your refusal letter state, word for word pleasedilseabbassi wrote:Hi i have just been reading through our refusal letter again in more detail as i was still not sure of all the reasons they refused my husbands application on and i have come accross to find they have mentioned they refused us under paragraph 320 7(b) which i dont see how they have found as nothing was wrong with our application...so i decided to read up about this certain paragraph and found this on the UK border agency website :
RFL5.4 When does rule 320 (7B) not apply? Rule 320 (7C)
Under paragraph 320(7C) of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying in the following categories:
Spouse, civil partner, unmarried or same-gender partner (Paragraphs 281 or 295A);
Fiancé(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relative (Paragraph 317);
Spouse, civil partner, or unmarried or same-gender partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:
the applicant has been accepted by UKBA as a victim of trafficking (see RFL 5.7)
the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008 (see RFL 5.6)
In addition you must not refuse an applicant under 320(7B) if:
false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;
the period specified for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach e.g. a student who has overstayed but was granted LTE following an out of time application.
I really belive they have made a BIG mistake in using this paragraph in our refusal as none of it applies to us, my solicitor said that the judge should have no problem in over turning it but i dont know why it should have to go to court if they dont actually have any evidence to maintain paragraph 320 in our application? could anyone also give there opinion on this?
dilseabbassi wrote:The Decision:
You prevously enterd the UK on a student visa which was issued from 16/02/04 until 16/06/05, you applied for a extension and were granted untill 31/10/08. On the 03/10/08 you applied for leave to remain under the tier 1 point based system, this application was considerd and refused with right of appeal, you submitted your appeal on the 10/02/09 and the appeal was duly dismissed on the 03/02/10. You then applied for certificate of approval and was issued on the 23/09/09 you married you sponsor ......... and applied for leave to remain as her spouse this application was treated as void as you had a pending appeal at that time. You left the UK on 01/08/10. I also note that although you met your sponsor in 2007, your sponsor has also failed to inform the immigration authorities and attempt to regularise your status. You have shown a clear disregard for the immigration rules and controis and the casts seriouse doubts upon your true intentions and application as a whole. You are now applying for entry clearence in on of the categories coverd by 320 (c) which are an exception to paragraph 320 7)b), however in this particular case i am satisfied that paragraph 320 (11) is relevent. I am satisfied that your conduct is consistent with that described in entry clearence guidence as having contrived in a significant way to frustrate the intentions of the immigration rules. Your application is therefore according to paragraph 310 (11) of the immigration rules should be refused on. I have considerd the circumstances are of a sufficeiently compelling nature to justify my granting of entry clearence having regard to the fact it should normally be refused, i am therefore satisfied that you have significantly contrieved to frustrate these immigration rules and therefore refuse your application under paragraph 320 (11).
I really dont understand why they have said all this cos we havent frustrated any rules or done anything under paragraph 320....do u think they have made a mistake? the other half of the refusal is just about my JSA which i already have sorted out new evidence for...but as for this part what else can we do if we didnt actually do anything in the first place?
I am sorry to say the refusal on which they have based their decison is serious.You will need a very good solicitor to try and overturn the deciosn. The refusal is based on your husbands previous attempts to stay in this country by the different methods or attempst that he made to stay in this country.This is what Section 320 (11) states
(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.
Thanks for the info... The thing is im not calling my wife over as a visitor its her uncle that is actually calling over my wife her two sisters and her mum. My wifes mum is not feeling to well so thats the main reason why my wifes uncle is trying to bring them here on a visitor visa. If they only applied for my mother in law then who would look after my wife and small sisters so thats why her uncle is trying to call all over them over for a few months..Sammad wrote:Keep all contact, and her coming as a vister should not affect, as long as she obeys the rules, and does not decide to stay. Though it seems unlikely a vister visa would be issued since they could think its an attempt then not to go back after the 6 months.shade00 wrote:Some good information on this forum. I still have got a little over a year to submit my wifes visa due to the age requirements.
Just got a query if anyone could help me with.
Should i begin printing all call records and keep our marriage profile up to date from the date we got married?
If thats the case i would have atleast a 2 1/2 call record with me..
Also just to add on, if my wife comes over the the UK as a visitor via her uncle sponsoring her and few members of her family will it affect our case?
I've asked a few solicitors and they said it should not be a problem!
Personally I had a similar situation my wife was going to come to the UK on a vister visa, due to the same age issue problem, however the lawyer told us its best not to do this, in case the visitor visa is not granted, and then we would have to explain this in the spouse visa application, its best not to give them ideas to reject an application, that is what he said. So me and my wife had a long chat about this, and decided I should go visit her for 12 weeks, rather then calling her over on a visister visa.
Just download form from the Internet link below most upto date as they always make changes, so dont risk it with an old one.safia wrote:VisaAhmad10 wrote:Just realised the fee increased earlier on november 26th to 105,000 rupees, what a massive amount, the entry clearance officers should show more sympathy especially with this amount of money.
Also, can the applicant use an older form, dated dec 2008, or do they have to use the latest one?
Also, when submitting the application, does the sponsor and applicant have to photocopy all documents, whether original or photocopied.
No probs, if you get stuck just ask. Credit to Batley Khan for compiling that together.afzal786 wrote:
K444my many thanks, thats defintly what I needed! May Allah Reward you for your efforts.