Help Please ARE OVERSTAYERS BEING REFUSED spouse VISAS NOW?

[sally12345]

Dear All

Please could someone help me here. After reading many posts in relation to overstayer's my question is can Overstayers go home and come back on a spouse visa? or is there case law that has implemented just recently to say that ECO can now refuse a person because their overstayed?

to my understanding I thought that ECO'S could not refuse you on the basis of you overstaying? I may be write/wrong who knows please help.

Also if this is true can individuals still lodge an appeal? This is all very confusing for us all?

Please Help I’m desperate any advice would be a big help.


Many Thanks in advance

xx

[SYH]

They can always refuse based on overstaying. Just that they seem to less harsh about if you leave and ask to come back

[sally12345]

They can always refuse based on overstaying. Just that they seem to less harsh about if you leave and ask to come back

Many thanks for getting back so where does that leave many people in a sitution where they want to go home, but may find it harder to come back?

[SYH]

They can always refuse based on overstaying. Just that they seem to less harsh about if you leave and ask to come back

Many thanks for getting back so where does that leave many people in a sitution where they want to go home, but may find it harder to come back?

What do you mean?

[avjones]

I have become aware over the past ten days that, for the first time,
entry clearance offices are regularly considering applications for
spouse, fiancée, and unmarried partner applications under the general
provisions of the Immigration Rules. Under Section 9 of the Immigration
Rules, there are set out the grounds for which entry clearance is to be
refused, and entry clearance is normally to be refused.

I had not, before mid October, ever seen a case in which a previous
overstaying alone had been used as a reason to refuse entry clearance as
a spouse. I have, however, been made aware of four different cases
which have been refused on this ground over the past ten days. They
have been from three different countries, including Pakistan and
Jamaica, and it therefore does appear that this represents a new policy.

It may very well be that people who are proposing to return to their
countries of origin in order to make an entry clearance application
under the Immigration Rules should therefore be advised it is possible
their case may be considered and refused under the general grounds of
the Immigration Rules.

There would be a right of appeal.

[SYH]

I had not, before mid October, ever seen a case in which a previous
overstaying alone had been used as a reason to refuse entry clearance as
a spouse. I have, however, been made aware of four different cases
which have been refused on this ground over the past ten days. They
have been from three different countries, including Pakistan and
Jamaica, and it therefore does appear that this represents a new policy.

It may very well be that people who are proposing to return to their
countries of origin in order to make an entry clearance application
under the Immigration Rules should therefore be advised it is possible
their case may be considered and refused under the general grounds of
the Immigration Rules.

So there may be a general shift iShame

[avjones]

It appears that there may be. But I've seen no published policy, only anecdotes, and the plural of "one anecdote" isn't necessarily "data"

[vin123]

Any overstayer runs at a higher risk of rejection for any future visa application or entry clearance after his overstay window. Some cases go un-noticed, giving him or her a chance of survival but there is no need for any special policy injected to put this into effect, the counselling officer at the embassy may use his discretion blatantly seeing such cases - I believe this was always the case.

[avjones]

What is new, in my experience, is refusal on general grounds for a spouse visa.

[missbenz5474]

Hi my husband was refused his spouse visa in Jamaica and the only reasons they refused him were because he had overstayed and they removed him.So it looks like if you go back to your country of origin on your own ie before you get removed then it doesnt look as bad.Also they said because he had been working over here when that clearly is not allowed.So I would not admit to working unless you really really have to as these are the reasons we got refused

[VictoriaS]

My experience is the same as Amanda's.

I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.

Victoria

[sally12345]

My experience is the same as Amanda's.

I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.

Victoria

Thank you to everyone who relied to my post I knew that this would be a hot topic. My partner is an overstayer of 3 years from Jamaica and as I said before we are planning on going home! However this issue with ECO’s refusing because the person overstayed is very very alarming?

We have both decided that it’s best if he go back? But I am sick with worry now! And the uncertainty of when he will return is also worrying.

How long generally do you have to wait for an appeal?

And what are the costs involved?

All advise welcome

Thanks

[tinux]

My experience is the same as Amanda's.

I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.

Victoria

Thank you to everyone who relied to my post I knew that this would be a hot topic. My partner is an overstayer of 3 years from Jamaica and as I said before we are planning on going home! However this issue with ECO’s refusing because the person overstayed is very very alarming?

We have both decided that it’s best if he go back? But I am sick with worry now! And the uncertainty of when he will return is also worrying.

How long generally do you have to wait for an appeal?

And what are the costs involved?

All advise welcome

Thanks

Sadly no one knows. it takes between few months to 2 years . the norm is 18 months or more. My friend 's wife application was refused it took many letters from MP an da fax to the head of entry clearance before they decided to send the file back to the Uk an dthey do lie. they said that an ackowledgement letter was sent when it was not. No one ever bothered to reply to emails until they recieved a solicitor email and phone call. anyway that person lost the appeal and started a new application and got it. it was awaste of money and time. the reason????? they did not believe the marriage was real. the couple are now married for nearly 5 years and have a lovely baby too.

[avjones]

It doesn't take that long any more - the appeals process has significantly speeded up.

[VictoriaS]

My case on Friday was for a refusal issued in Jamaica in March, which was following an initial application the previous September. This is Kingston, who are notoriously slow.


Victoria

[aniya]

...i am wondering if anyone could help and let me know the situation with Hong Kong...has any1 heard anything like overstaying being refused in HK???
the time i overstayed...i havent work at all..i only did some voluntary work..will this have a great impact on my case as well??

And there's something else which is worrying me to hell...i'm confused what I am going to say if they ask me ' What are you going to do if we refuse you?'
or what if they ask me 'Why cant my husband move to HK why do u have to go UK?'
basically my husband has tried researching around if he can get any kind of job..coz he doesnt mind us moving back to HK..but the problem is he cant speak Cantonese..and these day since after the handover to China,it is recommended to know cantonese at least.

I am just wondering if i have to start looking for jobs in HK to show that im not marrying my husband just for the convenience to enter UK as they will look at my overstay....

[sally12345]

My experience is the same as Amanda's.

I was in court on Friday for a spousal visa application, and I am pleased to say that this issue was not brought up, so at least HOPO's are not adding this as grounds of refusal where the ECO has not mentioned it initially. This means that those who have already received their decisions should be okay.

Victoria

Thank you to everyone who relied to my post I knew that this would be a hot topic. My partner is an overstayer of 3 years from Jamaica and as I said before we are planning on going home! However this issue with ECO’s refusing because the person overstayed is very very alarming?

We have both decided that it’s best if he go back? But I am sick with worry now! And the uncertainty of when he will return is also worrying.

How long generally do you have to wait for an appeal?

And what are the costs involved?

All advise welcome

Thanks

Sadly no one knows. it takes between few months to 2 years . the norm is 18 months or more. My friend 's wife application was refused it took many letters from MP an da fax to the head of entry clearance before they decided to send the file back to the Uk an dthey do lie. they said that an ackowledgement letter was sent when it was not. No one ever bothered to reply to emails until they recieved a solicitor email and phone call. anyway that person lost the appeal and started a new application and got it. it was awaste of money and time. the reason????? they did not believe the marriage was real. the couple are now married for nearly 5 years and have a lovely baby too.

Thanks for your help its just a shame really! we want to do the right thing and return home. But as I said before we just dont know how long it will take? I have known some people to go and come home in a matter of weeks, others years! its a big risk ahead........??????

I guess we have to make our application water tight! and pray for the best...

Thanks Again

[sally12345]

My case on Friday was for a refusal issued in Jamaica in March, which was following an initial application the previous September. This is Kingston, who are notoriously slow.


Victoria

Victoria, can I ask please did you win the appeal? and was the person in question a overstayer?

[IMMIGRATION LAWYER]

Depends on the set of documents and representation.

Follow the rules and requirements, and you should be OK.

I had been assiting people with severe overstay, removal, criminal past - none so far has been refused.

Just make sure your dcouments address all the isue the ECO may wish to escalate.

[avjones]

Depends on the set of documents and representation.

Follow the rules and requirements, and you should be OK.

I had been assiting people with severe overstay, removal, criminal past - none so far has been refused.

Just make sure your dcouments address all the isue the ECO may wish to escalate.

That's changed, though - I've seen several refusal letters in the last couple of weeks where the ECO has relied on the general grounds for refusal, namely overstaying.

[aniya]

hi amanda, victoria or any1 really...
could u give me any idea on my reply i did earlier in this thread..
all your help is really important to me and my future..thanks you once again

[avjones]

Hi Aniya - I've not heard of a refusal for this reason from Hong Kong, no.

I don't think looking for a job in HK will help - a spouse visa is a settlement visa, so looking for a job there might indicate you don't intend to make the UK your main home.

[missbenz5474]

Hi as I have posted my husband has recently been refused on the grounds of him overstaying.We are going to re apply the eco did say to him at the interview they cant refuse him forever .I just do not see how we will ever get a success if thats the reason they are using to refuse.What does anyone think or advise us to do?

[VictoriaS]

My case on Friday was for a refusal issued in Jamaica in March, which was following an initial application the previous September. This is Kingston, who are notoriously slow.


Victoria

Victoria, can I ask please did you win the appeal? and was the person in question a overstayer?

He had been an overstayer, but his refusal from jamaica was for other reasons, and not for the fact of being an overstayer - the refusal was in March, before ECO's started refusing on general grounds as Amanda has said.

I haven't got the determination yet.

Victoria

[sally12345]

Hi as I have posted my husband has recently been refused on the grounds of him overstaying.We are going to re apply the eco did say to him at the interview they cant refuse him forever .I just do not see how we will ever get a success if thats the reason they are using to refuse.What does anyone think or advise us to do?

Hiya Hun,

Did you contact the lawyer I advised you too?.
She is very good and has a high pass rate with JA. Ok so Was that the only reasson your Husbund got refused? I dont understand this, did your husbund have any criminal convictions or get removed if he did how did this happen? sorry to ask these q's I just want to gather infomation..

like i said stay strong you have to be there for yor child... its nice to know that yu wont stop fighting for him and they can see this keep at it dont let them win... ok xxx