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spouse visa, overstayer (NHS use)

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lush
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Posts: 50
Joined: Tue May 26, 2015 11:35 am

spouse visa, overstayer (NHS use)

Post by lush » Tue May 26, 2015 11:46 am

I am a British citizen through naturalisation.
My wife lives in a country outside the EU and is applying to join me in the UK permanently.
I would like to know how the following background will affect her application.

BACKGROUND
My then girlfriend overstayed her visa for 5 years from 2002 - 2008
She left the UK voluntarily in 2008, over 7 years ago.
We got married in 2013

Whilst living in the UK
She visited GP a couple of times
She never had any surgery done by NHS


I've been a British citizen since 2006
we applied for a spouse visa in 2013. She was refused due to 320(11) and I didnt meet financial requirements
We appealed but judge dismissed only because I didnt meet the financial requirement in june 2013 (no)
She gave birth to our last year august. we applied for our daughter's british passport in Oct 2014 and we got in March 2014 (this delayed my wife's application)

We just applied for her visa last month (April 2015)
I meet the financial requirements now.

QUESTIONS
1. How will her overstay and NHS use affect her visa outcome this time?

Thank You

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: spouse visa, overstayer (NHS use)

Post by Casa » Tue May 26, 2015 7:38 pm

What was reason was given for refusing under 320(11). This is applied when the applicant has 'frustrated the Immigration Rules', i.e deception, the use of false documents etc.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lush
Junior Member
Posts: 50
Joined: Tue May 26, 2015 11:35 am

Re: spouse visa, overstayer (NHS use)

Post by lush » Tue May 26, 2015 10:48 pm

Thanks for responding. It was declined because she used of NHS without rights to

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: spouse visa, overstayer (NHS use)

Post by Casa » Tue May 26, 2015 11:10 pm

As a 320(11) is a discretionary refusal rather than a ban for a set period of time, this application may also be refused.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lush
Junior Member
Posts: 50
Joined: Tue May 26, 2015 11:35 am

Re: spouse visa, overstayer (NHS use)

Post by lush » Wed May 27, 2015 10:41 am

She explained in a letter that she went to the GP a couple of times. She never had any surgery done under NHS.

Also, if this application is refused?

Can she apply and migrate to Ireland as a mother of an EU Citizen?
Is that possible?

lush
Junior Member
Posts: 50
Joined: Tue May 26, 2015 11:35 am

Re: spouse visa, overstayer (NHS use)

Post by lush » Wed May 27, 2015 10:48 am

I was interviewed yesterday @ battleship building in London regarding her spouse Visa. Please I want o find out. Do they interview everyone spouse? or they interview because they are consdering to give spouse visa

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: spouse visa, overstayer (NHS use)

Post by Casa » Wed May 27, 2015 12:15 pm

They don't interview all applicants. They only interview if they wan't to verify information in the application before making a decision.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lush
Junior Member
Posts: 50
Joined: Tue May 26, 2015 11:35 am

Re: spouse visa, overstayer (NHS use)

Post by lush » Wed May 27, 2015 12:32 pm

thanks so much for your response
I really appreciate.

If her application gets denied. Is it possible for her to move to move for her to move to Ireland given that our daughter is British. Can our daughter exercise EU Treaty rights in Ireland? but as a minor can she bring her mum in?

In essense, what Im saying is that can she live in Ireland legally as a mother of a minor EU Citizen?

Thanks

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