@ Damyo- Was it 10 exact working days including weekends or just days?

Hopeforallone:
@ Damyo- Was it 10 exact working days including weekends or just days?

it was excluding the weekends.

@ Girlflo thank you very much @ Hoperallone try and relax, i assure you that you will be among the favoured ones, there is just a great delay in every section i think it is because this is the period for student visa. When i kept going to VAC for my passport, there were lots of students applying. they will communicate to you soon and it will be positive. you can see that the delay also affected me, to collect my passport took 3 weeks and i didnt get any email from sheffield until i was in UK.

Hopeforallone:
@ Damyo- Was it 10 exact working days including weekends or just days?

@ Hopeforallone, why are you talking about the Upper tribunal? Don't think otherwise, just pray that the judge decision favours you. So shall it be for all of us in Jesus name. Bless you!

@ Dunique & Shelair - Its not easy court was very difficult for me. Although the home office have no case anyway.


Just a very late update. It’s 7 years later but me and my husband are together here in Uk. It was a long journey but God helped us through. Thank you for all your help.

Hopeforallone:
@ Dunique & Shelair - Its not easy court was very difficult for me. Although the home office have no case anyway

The hardest part of this whole process is the waiting but just remember you've done all you can now. Put it all in Gods hands and get busy preparing to be reunited with your loved one. Unless you hear otherwise, it is well. It's not over, this will be a story that you tell of how you made it over. Keep your head up.

girlfio:


The hardest part of this whole process is the waiting but just remember you've done all you can now. Put it all in Gods hands and get busy preparing to be reunited with your loved one. Unless you hear otherwise, it is well. It's not over, this will be a story that you tell of how you made it over. Keep your head up.

@ Hopeforallone, you can take some positivity from what Girlfio has just said, from what I understand, not all cases are straightforward in court unless the homeoffice totally give up in court, even with that, the Judge still take their time to send out decision, I am chatting to a guy who only had to proof his relationship was genuine and everything seem to go well for his wife & representative in court, and he is still waiting for the judge decision since September the 18th. He knew the decision will favour him the way the case went in court but he is still waiting and moreover if the homeoffice representative in your case happen to be stubborn a bit, that don't give him a upper hand as long as your representative does his own part too. If you believe you have a case then you will be favoured by God grace

@ Justwise, Girlflo and anyone else - Just recently been to court about my husband case and they have upheld the decision. We are now proceeding to go to upper tribunal. It was based on 320 11, does anyone know if this case can actually get allowed? Please I need your help Ive been without my husband for over a year now.

ineedhimbadly:
@ Justwise, Girlflo and anyone else - Just recently been to court about my husband case and they have upheld the decision. We are now proceeding to go to upper tribunal. It was based on 320 11, does anyone know if this case can actually get allowed? Please I need your help Ive been without my husband for over a year now.

Sorry to hear that, so the judge upheld the decision and what were his reasons for that? If only that can be shared on here. We ought to know how serious your husband case was with the home-office, so as to know if he has any chances of the Upper Tribunal favouring him. I read few cases not long ago on Google and people who go to the upper tribunal court for the 320 11 reasons get their cases reviewed and initial decision overturned but depends on how serious the case is.

ineedhimbadly:
@ Justwise, Girlflo and anyone else - Just recently been to court about my husband case and they have upheld the decision. We are now proceeding to go to upper tribunal. It was based on 320 11, does anyone know if this case can actually get allowed? Please I need your help Ive been without my husband for over a year now.

Please can you give us the background to your case?

ineedhimbadly:
@ Justwise, Girlflo and anyone else - Just recently been to court about my husband case and they have upheld the decision. We are now proceeding to go to upper tribunal. It was based on 320 11, does anyone know if this case can actually get allowed? Please I need your help Ive been without my husband for over a year now.

The success of your case at the upper tribunal really depends on the aggregation points stipulated in your husbands case. I have read over a few cases, it would appear to be notoriously difficult with this particular rule. It's not like you are trying to prove it didn't happen so instead you have to appeal based on the human rights of the UK resident. It would appear though, if it is feasible for the UK spouse to move to their partners country instead they will maintain their refusal based on this fact.

There's no reason why you shouldn't take this to the next appeal stage but it might also be worth looking at alternatives. You can't keep putting your lives on hold because of these UK immigration laws. Maybe u can look into exercising your EEA treaty rights, it would mean working in a European country for 3 months but it would appear that this process is quicker when done properly.

Remember u have options outside of this uk visa process

@ Everyone - The history of over stayer, who worked illegally and got arrested by the immigration authorities. My heart is hurting so much, everyone knows the reason why a British citizen can not live over there not even there own people want to live in that country. This is ridiculous am lost totally.

ineedhimbadly:
@ Everyone - The history of over stayer, who worked illegally and got arrested by the immigration authorities. My heart is hurting so much, everyone knows the reason why a British citizen can not live over there not even there own people want to live in that country. This is ridiculous am lost totally.

Those are not very serious immigration offenses...yes they carry penalties but if they are declared during spouses visa application the chances of successful application is high

I'm suspecting that there is more to the case than those two offenses mentioned. If the tribunal upheld the decision then it means that the UKBA has a stronger evidence about your hubby's offense because spouse visa application in most cases overrides those two offenses you mentioned if they are declared.

British judiciary system rewards honesty even in murder cases, pleading guilty on time without wasting public resources and times reduces your jail sentence. Going to upper tribunal is a good thing if you have water tight case and have declared all your offenses but if the UKBA still have strong evidences against you that you are still holding back facts that is material to this case then its going to be a long battle.

When he was arrested by the immigration did he abscond or deported willingly by the immigration?

I know this is too much for you and i can imagine the stress this is causing you but you and your hubby need to have a good chat and re-access the situation.

justwise:


Those are not very serious immigration offenses...yes they carry penalties but if they are declared during spouses visa application the chances of successful application is high

I'm suspecting that there is more to the case than those two offenses mentioned. If the tribunal upheld the decision then it means that the UKBA has a stronger evidence about your hubby's offense because spouse visa application in most cases overrides those two offenses you mentioned if they are declared.

British judiciary system rewards honesty even in murder cases, pleading guilty on time without wasting public resources and times reduces your jail sentence. Going to upper tribunal is a good thing if you have water tight case and have declared all your offenses but if the UKBA still have strong evidences against you that you are still holding back facts that is material to this case then its going to be a long battle.

When he was arrested by the immigration did he abscond or deported willingly by the immigration?

I know this is too much for you and i can imagine the stress this is causing you but you and your hubby need to have a good chat and re-access the situation.

@ Ineedhimbadly

@Justwise have given you the best advice, when I was in the Uk and made my application then, I was asked to be signing at the IM centre in Ldn bridge, where I got detained and I agreed to be removed back here to make a fresh application here. I made all that known to the ECO in my new application and they never mentioned that section 320 11 in my reasons for refusal. I think you should talk it over with him and declare everything if there is still a chance of doing so, but if not, you may be considering the Surinder Singh route.

Everything was declared on Visa Application form and nothing was left out, even I submitted all the relevant document (Letter) to show those application I made in UK. And I declared how I got to the country by my own consent.

Lasmab:
Everything was declared on Visa Application form and nothing was left out, even I submitted all the relevant document (Letter) to show those application I made in UK. And I declared how I got to the country by my own consent.

I'm guessing you are Ineedhimbadlly's husband?

Hello Everyone.
My wife received the decision of the Judge yesterday, and It came unsuccessful. I believe Girlfio and Justwise could remember my story. (I was refused on Paragraph 320(11) illegal Entry and Worked) but while I was in the Uk I made 2 application to regularise my stay. However, the home office has uphold those 2 applications against me. And judge has dismissed the case to favour the Home Office. Please I need your help base of UPPER TRIBUNAL, what could be the "out come" concerning my case at Upper Tribunal.
And I wanna know the chance I have to win at UPPER TRIBUNAL.
I know my case is very similar to "ineedhimbadly'" although, everything was declared on Spouse Application Form and I declared everything about myself on the form
Also, we met all the requirements, even the judge acknowledged it, our relationship is Genuine and subsisting.
I love you my so much and I missed her heavily

Thank you so much and God bless you guys...

@Justwise.
Thank you so much, and yes, I am the husband. Please, I need your help.

Lasmab:
Hello Everyone.
My wife received the decision of the Judge yesterday, and It came unsuccessful. I believe Girlfio and Justwise could remember my story. (I was refused on Paragraph 320(11) illegal Entry and Worked) but while I was in the Uk I made 2 application to regularise my stay. However, the home office has uphold those 2 applications against me. And judge has dismissed the case to favour the Home Office. Please I need your help base of UPPER TRIBUNAL, what could be the "out come" concerning my case at Upper Tribunal.
And I wanna know the chance I have to win at UPPER TRIBUNAL.
I know my case is very similar to "ineedhimbadly'" although, everything was declared on Spouse Application Form and I declared everything about myself on the form
Also, we met all the requirements, even the judge acknowledged it, our relationship is Genuine and subsisting.
I love you my so much and I missed her heavily

Thank you so much and God bless you guys...

Lasmab:
@Justwise.
Thank you so much, and yes, I am the husband. Please, I need your help.

My bad.

@ Justwise - Using someone else passport to gain entry into the country, however this all comes under paragraph 320. Please give us some advice.

Is there anyone out there whose been to the upper tribunal and won and if not where does it go after the upper tribunal?

ineedhimbadly:
@ Justwise - Using someone else passport to gain entry into the country, however this all comes under paragraph 320. Please give us some advice.

Is there anyone out there whose been to the upper tribunal and won and if not where does it go after the upper tribunal?

With refusal under paragraph 320(11), I would advise you not to waste your time and resources on upper tribunal. All you need to do is re-apply and address each reasons for refusal one after the other by telling the whole truth no matter how bad it is. Believe me when I say you don't need a solicitor to do this for you as no one can tell your story better than you, so please save your money!

I was refused 3 times under the same paragraph and they kept saying I didn't address the reasons for refusal and just kept refusing. I made use of 3 different solicitors who didn't have the time to write my history but on the 4th attempt, myself and my spouse decided to address the reasons one after the other without the use of a solicitor and the visa was approved straight from application and not through an appeal. It took us over 6 years to take this approach and God made it happen. So if there's anything I can say more is that, address the issues, tell the whole truth without holding back, pray and trust God for His mercy and favour!

dammylizzy:


With refusal under paragraph 320(11), I would advise you not to waste your time and resources on upper tribunal. All you need to do is re-apply and address each reasons for refusal one after the other by telling the whole truth no matter how bad it is. Believe me when I say you don't need a solicitor to do this for you as no one can tell your story better than you, so please save your money!

I was refused 3 times under the same paragraph and they kept saying I didn't address the reasons for refusal and just kept refusing. I made use of 3 different solicitors who didn't have the time to write my history but on the 4th attempt, myself and my spouse decided to address the reasons one after the other without the use of a solicitor and the visa was approved straight from application and not through an appeal. It took us over 6 years to take this approach and God made it happen. So if there's anything I can say more is that, address the issues, tell the whole truth without holding back, pray and trust God for His mercy and favour!

@dammylizzy.
Did you refused on any other paragraph apart from 320(11)? Because I am confused why it took you 6 years?
Were you refused on conviction charge, which is worst in the case of 320(11)?
Concerning the 3 applications you said that was refused: I'm sure you meant your initial application, 19weeks appeal, First-Tier Tribunal, how long did all these take?
Did your case went to Upper Tribunal and what was the out-come?

And you mentioned that, you have to make another application and then declared your immigration history before your visa was granted. Please I need a thorough explanation, because I have already declared my offenses on my initial application, and home office knew everything about my immigration history. Even before I left voluntarily I sent a letter to home office that, we are going to Nigeria to get married and the letter was acknowledge by office home. They knew this before I left the country.

Did you meet the relationship requirement, financial requirement, accommodation, English requirement.

The reasons why I'm asking is that, I met all these requirements.

Thanks.

Hopeforallone:
@ Damyo- Was it 10 exact working days including weekends or just days?

@hopeforall. How's it been?

Any news from the court yet?

dammylizzy:


With refusal under paragraph 320(11), I would advise you not to waste your time and resources on upper tribunal. All you need to do is re-apply and address each reasons for refusal one after the other by telling the whole truth no matter how bad it is. Believe me when I say you don't need a solicitor to do this for you as no one can tell your story better than you, so please save your money!

I was refused 3 times under the same paragraph and they kept saying I didn't address the reasons for refusal and just kept refusing. I made use of 3 different solicitors who didn't have the time to write my history but on the 4th attempt, myself and my spouse decided to address the reasons one after the other without the use of a solicitor and the visa was approved straight from application and not through an appeal. It took us over 6 years to take this approach and God made it happen. So if there's anything I can say more is that, address the issues, tell the whole truth without holding back, pray and trust God for His mercy and favour!

During the time preceding my spouse visa application, i read a lot on paragraph 320(11); the application of which is very vast and unpredictable.

I observed two trends:

First the ukba sometimes tend to use this against overstayers but more often than not against people who entered the UK clandestinely

Secondly, in most cases I've read, where the process is escalated to upper tribunal, the facts of the case boils down to two things. First the subsisting relationship which MUST be established and maintained throughout the process, and importantly the human rights of the spouse (UK citizen)

The latter is often misinterpreted wrongly to mean that as a Brisitsh citizen you have the right to enjoy family life in the UK.

Nope! Unfortunately, where a case reaches the upper level tribunal, the applicant and spouse are faced with the task of proving to the court why the British spouse cannot enjoy family life in the applicants country. Because this may be what the HO may suggest.

If you have strong grounds of inability to relocate to country of applicant, then maybe the upper tribunal might be the way to go.

If not, then maybe a reapplication might be the next best thing to do. Reapply stating the grounds of previous refusals.... Etc...

In my own case I wrote a personal handwritten statement which I submitted with the initial application. Telling of the circumstances of my entire journey to the UK, etc etc... Just basically telling the truth.

I think this is important.

I think this can be a way out.

I'm sorry, there isn't anything else I can personally think about as a way out of this situation.

Please don't ever give up- where there's a will, there's a way.

Get advise from immigration lawyers who have experience with cases like this.

[quote author=ineedhimbadly post=27007677]@ Justwise - Using someone else passport to gain entry into the country, however this all comes under paragraph 320. Please give us some advice.

Is there anyone out there whose been to the upper tribunal and won and if not where does it go after the upper tribunal?[/quote


P.S, unless there has been a crime along similar lines of terrorism, money landing, fraud, etc.... Believe me, there's nothing in the immigration offences you or your partner may have committed that UKBA have never heard of.

So it's no biggy. Just spit it out as it happened.

Wether you choose to proceed with the upper tribunal or decide to re-apply, please I advise that a written (handwritten) statement from the applicant to UKBA giving details of entire circumstances which led to the immigration history, and how in that journey, you met your partner and how you fell in love.... Talk about how much you deserve to be given a second chance because you are certain that you have paid the price.., etc....

But please be certain you have fully disclosed everything that has gone wrong.

@ everyone theres nothing to hide, they knew everything from the beginning. We did a statement not with our initial application but with the first tier tribunal. This was not hand written. Our lawyer suggested asking permission to the first tier tribunal if they say yes then we will go to the upper because the judge was too harsh with our case, am telling you guys I have been living in the uk for the last 28 years all my life and in court I was in there for one hour answering questions while my lawyer fought our case. This is my second time going to court and now am going to court for the third time. I asked the question has anyone been to court so many times or gone through this.because I do not think no one has. You can judge us all you want but I have been a tax payer, gone to university and sown into this country. @ justwise we have nothing to hide. They have just treated us badly and unfair. They know how much money I have in savings which is 13,000 maybe they know I have a little money so they want to make me pay. If we make another application is there any guarantee we will win. I don't want to move to another European country, what about my job. These people want to kill me. Life is so unfair.

ineedhimbadly:
@ everyone theres nothing to hide, they knew everything from the beginning. We did a statement not with our initial application but with the first tier tribunal. This was not hand written. Our lawyer suggested asking permission to the first tier tribunal if they say yes then we will go to the upper because the judge was too harsh with our case, am telling you guys I have been living in the uk for the last 28 years all my life and in court I was in there for one hour answering questions while my lawyer fought our case. This is my second time going to court and now am going to court for the third time. I asked the question has anyone been to court so many times or gone through this.because I do not think no one has. You can judge us all you want but I have been a tax payer, gone to university and sown into this country. @ justwise we have nothing to hide. They have just treated us badly and unfair. They know how much money I have in savings which is 13,000 maybe they know I have a little money so they want to make me pay. If we make another application is there any guarantee we will win. I don't want to move to another European country, what about my job. These people want to kill me. Life is so unfair.

How much do you earn per year before tax?

I already meet the financial requirements. My last p60 showed 21,000 per annum.

An ECO must not refuse an applicant because of their criminal record if the conviction is spent. Failure to declare an unspent conviction may cast doubt on the applicant's truthfulness. Concealment of information or lack of frankness in any matter may raise doubt about the reliability of information supplied by the applicant elsewhere in the application.

However, it may be appropriate to consider refusing an applicant where the record on the PNC conflicts with the account provided on the VAF. For example, an applicant claims on the VAF to have never visited the UK before, but the PNC record shows he was arrested in the UK in 2004. Refusal on credibility grounds for non-PBS cases, where linked to a specific rule or refusal. Refusal under paragraph 320(7A) for PBS and non-PBS applications, for making a false statement on a VAF, may be appropriate.

They still want to refuse us though even though we have had no convictions.

ineedhimbadly:
I already meet the financial requirements. My last p60 showed 21,000 per annum.

If a child is involved then you need additional £3,800.

ineedhimbadly:
An ECO must not refuse an applicant because of their criminal record if the conviction is spent. Failure to declare an unspent conviction may cast doubt on the applicant's truthfulness. Concealment of information or lack of frankness in any matter may raise doubt about the reliability of information supplied by the applicant elsewhere in the application.
However, it may be appropriate to consider refusing an applicant where the record on the PNC conflicts with the account provided on the VAF. For example, an applicant claims on the VAF to have never visited the UK before, but the PNC record shows he was arrested in the UK in 2004. Refusal on credibility grounds for non-PBS cases, where linked to a specific rule or refusal. Refusal under paragraph 320(7A) for PBS and non-PBS applications, for making a false statement on a VAF, may be appropriate.

Will reply this before the end of today^