- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
nel_2019 wrote: ↑Tue Dec 29, 2020 8:24 pmhi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.
do you guys know how long it would take. have suffered mental health and this made it worse.
Fififadi wrote: ↑Tue Dec 29, 2020 9:58 pmnel_2019 wrote: ↑Tue Dec 29, 2020 8:24 pmhi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.
do you guys know how long it would take. have suffered mental health and this made it worse.
Hey
When was your application refused and when did you appeal?
My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!
Hope you have some good news soon!
nel_2019 wrote: ↑Thu Dec 31, 2020 12:23 pmFififadi wrote: ↑Tue Dec 29, 2020 9:58 pmnel_2019 wrote: ↑Tue Dec 29, 2020 8:24 pmhi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.
do you guys know how long it would take. have suffered mental health and this made it worse.
Hey
When was your application refused and when did you appeal?
My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!
Hope you have some good news soon!
hey
mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!
we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?
Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?
Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.
did u get any news ? my doc was sent to the one in leichester, what about you?
Basically what happened was that when we recieved our refusal, the eco hadn’t “assessed” all of the other requirements! That was one of the grounds of appeal and also My solicitor state all the stuff in the grounds of appeal that my husband left the uk voluntely ect and it doesn’t apply to him (320(11)) we opted for oral hearing and my solicitor stated that there’s a chance they can overturn before hearing. But I don’t know what’s going to happen it’s so frustrating the eco was v harsh and I was think if things could be over by summer?TODMATT wrote: ↑Thu Dec 31, 2020 12:42 pmnel_2019 wrote: ↑Thu Dec 31, 2020 12:23 pmFififadi wrote: ↑Tue Dec 29, 2020 9:58 pmnel_2019 wrote: ↑Tue Dec 29, 2020 8:24 pmhi guys, my spouse visa application was refused under 320(11) due to my husband being overstayer and illegal entry. i have appealed lodge and within the appeal we requested urgent review.
do you guys know how long it would take. have suffered mental health and this made it worse.
Hey
When was your application refused and when did you appeal?
My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!
Hope you have some good news soon!
hey
mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!
we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?
Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?
Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.
did u get any news ? my doc was sent to the one in leichester, what about you?
Decision relating to 320(11) is first made by ECO followed by ECM although your husband voluntarily leaving the UK should have been considered but it's not always the case depending on the Entry clearance manager. Can you share the full refusal letter?nel_2019 wrote: ↑Thu Dec 31, 2020 3:10 pmBasically what happened was that when we recieved our refusal, the eco hadn’t “assessed” all of the other requirements! That was one of the grounds of appeal and also My solicitor state all the stuff in the grounds of appeal that my husband left the uk voluntely ect and it doesn’t apply to him (320(11)) we opted for oral hearing and my solicitor stated that there’s a chance they can overturn before hearing. But I don’t know what’s going to happen it’s so frustrating the eco was v harsh and I was think if things could be over by summer?TODMATT wrote: ↑Thu Dec 31, 2020 12:42 pmnel_2019 wrote: ↑Thu Dec 31, 2020 12:23 pmFififadi wrote: ↑Tue Dec 29, 2020 9:58 pm
Hey
When was your application refused and when did you appeal?
My husbands visa was also refused in October 2019 under 320(11) and we only had our hearing at the beginning of December, so 12 months after appealing. The hearing doesn’t seem like it went well, the judge was constantly rolling his eyes and getting irritated. Looked like he had already made up his mind before hearing both sides!
We haven’t had a response back yet, but I’m not very hopeful!
Hope you have some good news soon!
hey
mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!
we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?
Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?
Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.
did u get any news ? my doc was sent to the one in leichester, what about you?
TODMATT wrote: ↑Thu Dec 31, 2020 3:40 pmDecision relating to 320(11) is first made by ECO followed by ECM although your husband voluntarily leaving the UK should have been considered but it's not always the case depending on the Entry clearance manager. Can you share the full refusal letter?nel_2019 wrote: ↑Thu Dec 31, 2020 3:10 pmBasically what happened was that when we recieved our refusal, the eco hadn’t “assessed” all of the other requirements! That was one of the grounds of appeal and also My solicitor state all the stuff in the grounds of appeal that my husband left the uk voluntely ect and it doesn’t apply to him (320(11)) we opted for oral hearing and my solicitor stated that there’s a chance they can overturn before hearing. But I don’t know what’s going to happen it’s so frustrating the eco was v harsh and I was think if things could be over by summer?TODMATT wrote: ↑Thu Dec 31, 2020 12:42 pmnel_2019 wrote: ↑Thu Dec 31, 2020 12:23 pm
hey
mine was refused on 16 dec 2020, i appealed lodge on 23 dec 2020!
we have also requested urgent review within the appeal? would that help? so does that mean 2022 i willget a hearing because thats how long appeals are ?
Urgent review for 320(11)?? I don't think there's anything as such unless you are talking about expedite appeal?
Your grounds of appeal will be sent to the first tier tribunal who will then forward it to HO to review by an entry clearance manager who is unlikely going to be overturned the refusal since it is relating to 320(11). First tier tribunal will send you the deadline to wait till HO get back to them and if they didn't, you will receive a letter in the post to give you hearing date. You will need to wait around 15 weeks to for the first tier tribunal to get back to you. If you have received the hearing date and it's too far then you can request for expedite appeal by sending evidence to the court but it is not all appeal which get expedited.
did u get any news ? my doc was sent to the one in leichester, what about you?
See this rulings here
https://www.bailii.org/uk/cases/UKUT/IA ... india.html
"In exercising discretion under paragraph 320(11) […], the decision maker must exercise great care in assessing the aggravating circumstances said to justify refusal and must have regard to the public interest in encouraging those unlawfully in the United Kingdom to leave and seek to regularise their status by an application for entry clearance.”
nel_2019 wrote: ↑Thu Dec 31, 2020 6:00 pmYes your right!
We have appealed for it and see what happenes, is there any way to speed up the process? Not at the moment, you have to wait for 15 weeks at least to see what the Entry clearance manager says if they decide to overturn the decision based on your grounds of appeal.
Sorry what do you mean by SAR ? Information held by the HO on your husband.
Read here
https://www.gov.uk/government/publicati ... mmigration
THNAKS for ur support
You will need to wait for the court to send you a hearing date! it can take a 3-4 months to get a hearing date from the court but if they sent you a hearing date, you can email the court to expedite your appeal but you need to provide evidence as to why they should do that.
is there any chance/ probability that it could be overturned by court ?TODMATT wrote: ↑Thu Dec 31, 2020 7:23 pmYou will need to wait for the court to send you a hearing date! it can take a 3-4 months to get a hearing date from the court but if they sent you a hearing date, you can email the court to expedite your appeal but you need to provide evidence as to why they should do that.
hi,Fififadi wrote: ↑Tue Jan 05, 2021 9:49 pmAppeals generally take a long time but I think mine was 14 months due to Covid and the lockdown. The courts aren’t affected by this most recent lockdown as they have now adapted their processes to be able to deal with such since last year!
You will be waiting until at least March to hear back about a date and then the date will be for some time in the future. Hopefully they have gotten through the backlog but I do know of someone on this board who had the same timeline as me but is still waiting for a hearing date.
All the best!
apologize if i didnt make myself clear, what i meant to say was since EMC might refuse me again, is there liklihood that the hearing could be overturned by judge based on my circumstanceFififadi wrote: ↑Tue Jan 05, 2021 10:21 pmSorry, you said judge. It will only go before a judge at your hearing. Before then it will go back to the ECM and ask them to review the decision again based on your appeal documents. If they want to exercise their discretion differently based upon your arguments they may overturn (very unlikely for 320(11)). They will then send their bundle including their review to you and the tribunal. That is when the tribunal will then lost you for a hearing.
Hi,THO wrote: ↑Thu Jan 21, 2021 11:13 amNel,
You stated your husband left the country voluntarily and yet the refusal says he was detained and then deported at UK expense, which was it?
Also, they did not asses the other criteria, and I am guessing here, because he failed on 302 badly. No point, I expect. But do you meet all the other criteria, does he have an in date language cert, do you earn enough, have you met often? Because even if the judge overturns the reason for refusal, you will still need to meet all the other things needed.
How did he survive whilst here? I expect he earned money and did not pay tax, which is a reason for refusal too.
How is it going with your case?
Hi,Rimi99 wrote: ↑Thu Jan 21, 2021 5:38 amHi fifi i came along with your post , its really cool that you keep your updates ,have you received any decision on hearing and could you tell me where did your hearing took place they say that my hearing will be in taylor house london but haven't received any date yet...based on your timeline i should receive my hearing date by jan...may be due to delay in hearing centers i am left behind..