is it worth go in appeal against overstay ban?

[perll786]

i applied for student visa in uk in oct 2009. my app. refused in april 2010 coz my financial support documents were outdate. afterwards i planned to get married to my girl friend.she is british citizen. i applied for COA(certificate of approval) for marriage in june 2010. my application was still under process until i decided to go to my home country. now i came back to my country to apply marriage visa from here but they imposed 1 year ban for overstaying. can somebody tell me
1- if there is any flexibility in ban if u r married/want to marry to a british citizen.
2- if i appeal against the ban it ll b worth

Thanks

[geriatrix]

When you say "marriage visa", what exactly do you mean?
1. marriage (visit) visa, or
2. settlement visa as fiance(e) or unmarried partner or spouse of a British citizen?

If (1) and if you stayed for more than 28 days in the UK as an overstyer, then the ban is in accordance with the immigration rules (320(7B)).
If (2), then the ban is unlawful by virtue of 320(7C).



regards

[perll786]

Thank u so much for reply.
i wanna apply for settlement visa. i ve read the paragraph 320(7C) u mentioned. my overstay is more than 28 days. can u explain me in simple that can i do something other than spending the ban time. thanks.

[Greenie]

You need to be clearer. Have you just read about the ban or have you made an application to join your partner and been told you are banned?

[perll786]

as i said 1st i applied for COA(certificate of approval) for marriage in june 2010. and before that i got married. i voluntarily returned to my country. when i was leaving uk, UKBA gave me letter 'notice to a person liable to removal' - (illigal enterants and section 10 administrative removal cases).
...and they said personally 'u ll b banned for 1 year and u can appeal as well.

[geriatrix]

now i came back to my country to apply marriage visa from here but they imposed 1 year ban for overstaying

they said personally 'u ll b banned for 1 year and u can appeal as well.

Two completely different things!

If you apply for settlement visa, it cannot be refused for the reason of previous overstay (as stated in your posts), so please go ahead and apply.


regards