Can i be refused entry clearance to the UK from South Africa

zubairbana · Post by **zubairbana** » Fri Dec 27, 2013 10:43 am

Hi all ,

I urgently need advise on the following. My wife is part of the EU . In 2008 i travelled to the UK ,i met my wife there but we didnt get married however i overstayed . My ex was in the country at the time and i went to visit her before returning home to tell her i am getting married and the plans i intend to make for our two children who at the time was living with her family in SA> we got into a huge argument and i was arrested. It happened so long ago so i could not remember if i received a caution or a conviction as i could not get the records from South Africa . However i did community service for a stipulated amount of hours. My eldest son travelled to the UK to visit my ex in 2007 but because he had his report card in his bag they thought he was going to stay with her which was not the case as his brother was in SA and my ex has started a new life and did not want much to do with the kids. Anyway i returned after serving my community service in 2009. My girlfriend then decided we want to get married but then my mum passed away in November 2011 and i was taking care of my sister and brothers and trying to be strong for my family. My sister also developed a kidney disease and needed a new kidney . My wife and i did finally marry that December but i could not go back as all these issues needed my attention. Two later i am now applying for my entry clearance to be with her after a traumatising two years. What grounds can my entry clearance be refused on ?

PLEASE HELP !!!!

Post by **MPH80** » Fri Dec 27, 2013 2:09 pm

To be honest - this is one of the most confusing posts I've ever read.

You came to the UK ... met your (now) wife in 2008. You overstayed - but you don't say by how long.

You had an argument with your ex and served community service - which means you were convicted.

You returned at some point in 2009.

You got married in December 2011 (where?)

You now wish to come to the UK to settle with your wife.

Have I got that right?

Now my questions:

1) What nationality is your wife?

2) What type of application are you putting in?

3) Do you have any other convictions - whether in the UK/SA or anywhere?

4) Where have you and your wife been living since marriage?

And please keep the answers brief and paragraphed!

M.

zubairbana · Post by **zubairbana** » Fri Dec 27, 2013 2:36 pm

Hi ,

Thank u for the response. My apologies for all the confusion.
Okay here goes !

My wife is from Finland (EU)

I am South African

We got married in December 2011 in South Africa

I came to the UK in 2008 i overstayed for one year

No i do not have any other convictions in SA or the UK just that one

My wife has been staying in the UK because originally my plans was to leave soon after we had gotten married but so many family issues came up and the fact that i waited almost a year for my unabridged marriage certificate and unabridged documents for my kids from the South African home affair

Yes now i would like to join her and i have applied for entry clearance to enter the UK under a EEA Family Permit.

I have been back in SA from end of year December 2009 till now.

Can i still be refused if its a conviction and i served my community service and returned home? What grounds can they refuse me on and are their any laws i can appeal on.

Again my apologies for not being specific about my information

Post by **MPH80** » Fri Dec 27, 2013 4:07 pm

Ok - so there are two main refusal points they might bring up:

1) Is that your a danger to the public good with your previous conviction - but it's hard to see that this would be the case with a minor conviction

2) That you don't have a subsisting marriage - given you've been married two years and living in two different countries.

But otherwise they shouldn't provide any other refusal grounds.

Post by **John** » Fri Dec 27, 2013 5:19 pm

zubairbana, your Finnish wife, how is she exercising Treaty Rights in the UK? Employed? Self-employed? A Student? Or Self-sufficient?

Also when did the two of you last actually meet ... in person?

zubairbana · Post by **zubairbana** » Fri Dec 27, 2013 6:17 pm

Thank you M. I pray i am granted entry as this is really taking a toll on my marriage but has made us stronger as well.

@John ,my wife is full time employed in a good job and has been since she entered the UK more than 10 years ago. She is exercising all her rights and meets all the requirements. Its just my complications that pose a problem.
We met in person in 2008 and she has come to South Africa a couple of times as well since im here.

zubairbana · Post by **zubairbana** » Fri Dec 27, 2013 9:54 pm

John ,

We also lived together in the UK for about a year and some months ,that is when i overstayed.

Tks

ZB

Post by **John** » Sat Dec 28, 2013 6:46 am

Its just my complications that pose a problem.

Especially if your application included evidence of your wife coming to SA to meet you, I would be surprised if your application for an EEA Family Permit was rejected.

zubairbana · Post by **zubairbana** » Sat Dec 28, 2013 8:55 am

Thank you everyone. I will keep you posted of any progress on our application.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Can i be refused entry clearance to the UK from South Africa

Can i be refused entry clearance to the UK from South Africa