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I would say these are significant incidents to warrant refusal and make OP's hubby's chances of succeeding very slimHopestar wrote:The Decision
• When considering your application 1have considered the compassionate circumstances surrounding this case, but 1 must also bear in mind your previous immigration record. You arrived in the UK on a visit visa in March 2006 and overstayed your visa by over four years. You met your fiancé in early 2010, at which time you were illegally residing in the UK. 1 consider this as a serious and significant breach of the UK immigration rules and in order to uphold robust immigration laws it must be taken into account. After being arrested by UKBA officiais, you were removed from the UK in December 2010. 1am therefore satisfied that you have previously contrived in a significant way to frustrate the intentions of the UK immigration rules. 1 am also satisfied that there were aggravating circumstances, as you were arrested and removed at public expense. 320 (11)
1 have therefore refused your application because 1 am not satisfied, on the balance of probabilities, that you meet ail of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
RFL7.1 When can I refuse under 320 (11)?
This is a discretionary refusal where an applicant has:
been an immigration offender or in breach of UK immigration or other law; and / or
received services or support to which they were not entitled;
I really hate to say this, but i don't share your view in these regards.batleykhan wrote:
I would say these are significant incidents to warrant refusal and make OP's hubby's chances of succeeding very slim
Please do not refer to UK Border Force as evidence/reference to immigration law in the UK, as it is not that in the slightest. It is a one sided television programme used as a propoganda machine for UKBA and to scare people. Obie and Kitty have referred to the relevent law.sweetmissy wrote:Hmmmmmm
Right... I was watching UK Border Force at the weekend, and a situation exactly like this happened!!
It was a Jamaican national, in the country for 3 years (overstayer) him and his wife applied for CoA, it was granted, and on their wedding day he was arrested. Then deported.
It was noted that the reason the CoA WAS granted, was because he was marrying a British Citizen, and it is our right to marry who we chose.
The immigratuion team then went onto explain that, even though you are issued with a CoA, you are also issued (they showed this) an letter outlining the fact that the overstayer should think about regulating their status, and if they chose to go ahead with the marriage, then the UKBA can come and arrest. This is what they did.
The gentleman was removed from the UK at the country's expense.
The immigration team, outlined that this WAS an 'aggravating circumstance' due to the fact, he had not shown to them he had done anything to regulise his status within the UK up until this point. And on recieving a letter with the CoA, still went against what was asked of him. That was classed as frustrating the immigration rules.
I don't know whether or not this helped clarify, but this situation was identical. You will also find many other people who are refused under the same , but originally being an overstayer and then applying for CoA.
Batleykhan what do you think?
Hope it all made sense
Sorry to have offended you, I was simply offering what I had learnt...Greenie wrote:Please do not refer to UK Border Force as evidence/reference to immigration law in the UK, as it is not that in the slightest. It is a one sided television programme used as a propoganda machine for UKBA and to scare people. Obie and Kitty have referred to the relevent law.sweetmissy wrote:Hmmmmmm
Right... I was watching UK Border Force at the weekend, and a situation exactly like this happened!!
It was a Jamaican national, in the country for 3 years (overstayer) him and his wife applied for CoA, it was granted, and on their wedding day he was arrested. Then deported.
It was noted that the reason the CoA WAS granted, was because he was marrying a British Citizen, and it is our right to marry who we chose.
The immigratuion team then went onto explain that, even though you are issued with a CoA, you are also issued (they showed this) an letter outlining the fact that the overstayer should think about regulating their status, and if they chose to go ahead with the marriage, then the UKBA can come and arrest. This is what they did.
The gentleman was removed from the UK at the country's expense.
The immigration team, outlined that this WAS an 'aggravating circumstance' due to the fact, he had not shown to them he had done anything to regulise his status within the UK up until this point. And on recieving a letter with the CoA, still went against what was asked of him. That was classed as frustrating the immigration rules.
I don't know whether or not this helped clarify, but this situation was identical. You will also find many other people who are refused under the same , but originally being an overstayer and then applying for CoA.
Batleykhan what do you think?
Hope it all made sense
I'm not offended! Just don't think UK Border Force should be used as a accurate reference point that's all!sweetmissy wrote:Sorry to have offended you, I was simply offering what I had learnt...Greenie wrote:Please do not refer to UK Border Force as evidence/reference to immigration law in the UK, as it is not that in the slightest. It is a one sided television programme used as a propoganda machine for UKBA and to scare people. Obie and Kitty have referred to the relevent law.sweetmissy wrote:Hmmmmmm
Right... I was watching UK Border Force at the weekend, and a situation exactly like this happened!!
It was a Jamaican national, in the country for 3 years (overstayer) him and his wife applied for CoA, it was granted, and on their wedding day he was arrested. Then deported.
It was noted that the reason the CoA WAS granted, was because he was marrying a British Citizen, and it is our right to marry who we chose.
The immigratuion team then went onto explain that, even though you are issued with a CoA, you are also issued (they showed this) an letter outlining the fact that the overstayer should think about regulating their status, and if they chose to go ahead with the marriage, then the UKBA can come and arrest. This is what they did.
The gentleman was removed from the UK at the country's expense.
The immigration team, outlined that this WAS an 'aggravating circumstance' due to the fact, he had not shown to them he had done anything to regulise his status within the UK up until this point. And on recieving a letter with the CoA, still went against what was asked of him. That was classed as frustrating the immigration rules.
I don't know whether or not this helped clarify, but this situation was identical. You will also find many other people who are refused under the same , but originally being an overstayer and then applying for CoA.
Batleykhan what do you think?
Hope it all made sense
Apologies again
That is the point i was making. Removal is not an aggravating factor. People cannot be removed forcefully unless they are arrested. Forceful removal cannot amount to aggravating factor, at most, it is immigration offence, which cannot on its own justify a refusal under 320(11).Kitty wrote:Although mere removal is not apparently an aggravating factor, the list of aggravating factors in the Modernised Guidance does include: "attempting to prevent removal from the UK, arrest or detention by UK Border Agency or police".
If your husband was arrested, then his situation may fall under the circumstances in which refusal may be considered under 320(11). It's not clear whether the guidance is meant to be interpreted as referring to "arrest" per se, or "attempting to prevent... arrest".
The Entry Clearance Guidance, in addressing 320(11), includes "active attempt to frustrate arrest or detention by UK Border Agency or police" in its list of aggravating factors.
Did you raise Article 8 rights to family and private life in his appeal?
This is not one that is going to be overturned by the ECM, I'm afraid. You will have to go through to a full appeal hearing, and it would be best if you could instruct a qualified legal adviser.
Note that the case that Obie linked to resulted only in the decision being remitted to the UKBA: the finding was that the ECO had not done the balancing exercise required by 320(11) properly. I wonder whether the visa was allowed after that.