Spouse visa refusal under 320(11)

Ranim · Post by **Ranim** » Mon Sep 10, 2012 3:23 pm

Hi
I would really appreciate any help in the matter.My husband applied his visa as spouse of Tier 1 general migrant in Sep 2011. His visa got refused under 320 7(A) and 320(11).
He had overstayed in the UK for three years, was served with IS151A before he left the country voluntarily for marriage.
In his visa application he didn’t mention his previous immigration history (on advice of his lawyer) and got refused. Also there was name confusion in his passport when he first entered in the UK in 2007, which ECO treated as deception, having contrived in a significant way to frustrate the intensions of rules and refused the visa. He was given the right to appeal but we didn’t appeal and decided to wait until my ILR. Now he wants to make a fresh application but not sure about how to put forward our case. Note sure if the above clauses are waived for settlement applications of ILR sponsors? Could any members please come forward to advice and help with this case.
I’ll much appreciate your response.
Kind regards.

Post by **Lucapooka** » Mon Sep 10, 2012 5:46 pm

320(11) is not waiv-able; it's a discretionary refusal rather than a ban. All I would say is apply with legal assistance but be prepared for another refusal and then appeal that inside the UK. You might be into a long wait to see your partner.

Ranim · Post by **Ranim** » Mon Sep 10, 2012 6:32 pm

Thanks for the reply. Does this mean refusal under 320(11) is equivalent to one year ban. If so, we made our first application about a year ago. Does that make any difference? Also need to know what should I expect from the lawyer at this stage. I know the list of documents and things to attach, so all a lawyer could do is perhaps write a professional coverig letter. Is that all? could you advise me on any thing else that might shed a positive impression. for example a letter from my employer saying they are aware of this relationship and support this application, as my leaving the country to join my husband in case of another visa refusal would be a loss for them etc. Basically, my profession is considered among shortage occupations and my employer are quite supportive of my application. Could you please suggest what might be the best way to put forward this case. Its already been one and half year waiting for my ILR and can't really imagine another refusal.
Thanks again for your response and I look forward to further useful suggestions.

Post by **Lucapooka** » Mon Sep 10, 2012 7:00 pm

Ranim wrote:Thanks for the reply. Does this mean refusal under 320(11) is equivalent to one year ban. .

No, I've already said it's not a ban; it's a discretionary refusal. A ban is for a fixed period of time after which the person may be eligible for further entry clearance. A refusal can be applied indefinitely to each and every application for entry clearance and is not really possible to overturn (in the face of a determined ECO) unless this is done by a judge at the FTT. You may or may not be handed another refusal at the discretion of the ECO, but you should be prepared for this. That's why I suggested the course of action in my previous post.

Really, these are complex issues and taking legal advice will benefit your chances greatly; if not for the application then certainly for any subsequent appeal in the event (which is not certain) that 320(11) is cited again.

Ranim · Post by **Ranim** » Tue Sep 11, 2012 12:26 pm

Thanks for your reply. Based on my husband's previous experience with lawyer in Islamabad, I'm really scared on how and where to find a reliable lawyer. I'll much appreciate if any members can recommend a name based on their experience and similarity with my case. Could any one also advice me on what should I ask the lawyer to do for me, i.e., representing this case for HO or just doing covering letters, and application forms.
I'll much ppreciate any help and feedback

ajmal · Post by **ajmal** » Tue Sep 11, 2012 10:05 pm

Ranim wrote:Thanks for your reply. Based on my husband's previous experience with lawyer in Islamabad, I'm really scared on how and where to find a reliable lawyer. I'll much appreciate if any members can recommend a name based on their experience and similarity with my case. Could any one also advice me on what should I ask the lawyer to do for me, i.e., representing this case for HO or just doing covering letters, and application forms.
I'll much ppreciate any help and feedback

You need to find lawyer here in UK and he will fill all the application form and attached required documents. Send all this to your husband and he will submit his application. Wait for your ILR first it will improve your husband chances. Its better to tell everything in his application. There is no point witholding information and then find out later that they refused your husband application again on the basis of deception.

Ranim · Post by **Ranim** » Wed Sep 12, 2012 8:29 am

Many thanks. I got my ILR last month. The next question is I haven't seen my husband for last one and half year. I only visited him for the wedding and then came back after 15 days due to my job. I of course have all skype call logs, bills, emails and letters from family, friends and employer to show the marriage is subsisting. Is this enough or do I need to visit him before submitting this application. could you advice me on this please?

ajmal · Post by **ajmal** » Wed Sep 12, 2012 10:08 pm

Ranim wrote:Many thanks. I got my ILR last month. The next question is I haven't seen my husband for last one and half year. I only visited him for the wedding and then came back after 15 days due to my job. I of course have all skype call logs, bills, emails and letters from family, friends and employer to show the marriage is subsisting. Is this enough or do I need to visit him before submitting this application. could you advice me on this please?

My advice is that once all papers of your husband are ready and appointment date to file papers fixed you must go to visit your husband there and submit your boarding card, airline ticket, copy of entry stamp in your passport and hand written supporting letter with his application to prove that your relationship is still substiting and you fully support your husband application for settlement. Letters from family or friends cannot be used as evidence for substiting marriage.

asim72 · Post by **asim72** » Sat Sep 15, 2012 2:40 pm

If your partner had declared his immigration history, then visa would have been granted and you would not have been in a puddle.

Lawyers in pakistan are idiots and crooks. Why on earth you would take advice on UK immigration matter from a pakistani pendu lawyer.

Ranim · Post by **Ranim** » Sun Sep 23, 2012 6:04 pm

@ajmal
The earliest I could visit my husband is in December, still about 3 months to go. I've purchased my airline ticket and have got a confirm flight status. Could you please suggest if it makes any sense to apply now with my airline ticket as an intention to visit to my husband in December?
I'll much appreciate your response like ever

ajmal · Post by **ajmal** » Sun Sep 23, 2012 9:14 pm

Ranim wrote:@ajmal
The earliest I could visit my husband is in December, still about 3 months to go. I've purchased my airline ticket and have got a confirm flight status. Could you please suggest if it makes any sense to apply now with my airline ticket as an intention to visit to my husband in December?
I'll much appreciate your response like ever

No you must visit first and then submit his application. Your presence over there is important as it shows that your marriage is still subsisting and u fully support your husband application. You should know that in English law if you separated for 2 years then you automatically get divorce without court proceedings. You have to follow English Law. You can go for just 5 days and file his application. Please be aware that UK embassy closes for almost 3 weeks for Christmas and New year holidays in December/January. Airline ticket/reservation anybody can cancel anytime. Your husband case because of previous refusal is complicated.

ajmal · Post by **ajmal** » Sun Sep 23, 2012 9:17 pm

Ranim wrote:@ajmal
The earliest I could visit my husband is in December, still about 3 months to go. I've purchased my airline ticket and have got a confirm flight status. Could you please suggest if it makes any sense to apply now with my airline ticket as an intention to visit to my husband in December?
I'll much appreciate your response like ever

He needs to pass English test as well.

Post by **PaperPusher** » Sun Sep 23, 2012 9:39 pm

ajmal wrote:
Ranim wrote:@ajmal
The earliest I could visit my husband is in December, still about 3 months to go. I've purchased my airline ticket and have got a confirm flight status. Could you please suggest if it makes any sense to apply now with my airline ticket as an intention to visit to my husband in December?
I'll much appreciate your response like ever

No you must visit first and then submit his application. Your presence over there is important as it shows that your marriage is still subsisting and u fully support your husband application. You should know that in English law if you separated for 2 years then you automatically get divorce without court proceedings. You have to follow English Law. You can go for just 5 days and file his application. Please be aware that UK embassy closes for almost 3 weeks for Christmas and New year holidays in December/January. Airline ticket/reservation anybody can cancel anytime. Your husband case because of previous refusal is complicated.

Not sure that people are automatically divorced if they are not living together for two years, there is a bit more to the process in England than that

Ranim · Post by **Ranim** » Mon Sep 24, 2012 7:04 pm

Many thanks for your advice. I'll try to submit this application before embassy closure. Not sure If I need to register this marriage in UK?

ajmal · Post by **ajmal** » Mon Sep 24, 2012 7:17 pm

Ranim wrote:Many thanks for your advice. I'll try to submit this application before embassy closure. Not sure If I need to register this marriage in UK?

Ranim you do not need to register your marriage in UK. If the Pakistan Govt recognise that marriage then UK Govt also recognise that marriage.

fielddrive · Post by **fielddrive** » Thu Nov 20, 2014 12:15 pm

Out of interest, did you get anywhere with this @Ranim?

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Spouse visa refusal under 320(11)

Spouse visa refusal under 320(11)

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