Submitting a passport

[Joe3474]

My partners spouse visa was refused under 320(11) for previously contrived to frustrate immigration rules.

My partner entered into U.K 7 years ago on a student visa.
The university ended his course after 1 year due to bad attendance. He therefore overstayed and continued to work until the HO eventually caught up with him.

A few weeks prior to that, he claimed for Asylum but was refused. We appealed and lost.

Based on solicitors advice, we then applied for a FLR visa. Was refused. Did not appeal. He returned voluntarily to Sri Lanka August 2018.
We then Submitted spouse visa February 2019. Refused this week.

My question is, is there any room here for an appeal. They did not give any aggravating circumstances (as there aren't any), which i though they had to have to refuse an application along with 320(11).
He was just a refusedl on ''previously contrived to frustrate immigration rules''.

We meet financial requirement and they believe that we a in a genuine relationship.

[CR001]

You say 'partner', are you married or unmarried?

[Joe3474]

Hi, thanks for your reply.

We are currently partners (unmarried) of 7 years. We are applying for a proposed civil partnership.

Kind regards

[Joe3474]

Considering that there aren't any aggravating circumstances, how likely will the decision be over turned?

Kind regards

[Appeal32011]

My case is similar. I was refused on 320 (11) for overstaying and studying with a visit visa. I appealed, lost the first tier case because I didn’t use a lawyer for my appeal, but won the Upper tier case. The home office overturned the refusal. I’ve now submitted my passport and waiting to get the visa stamp.

Appeal the refusal, get a lawyer and you’ll be fine. But the whole process may take up to two years.

[benjames]

Hi, thanks so much for the reply.

I have a solicitor, thats more of the reason I'm posting here because Im just confused why, based on my solicitors advice, that the HO refused the appeal considering there was not any aggravating circumstances.

May I ask, did you have any aggravating circumstances and why did you loose the first tier appeal. Give me something to keep an eye out for.

Thanks in advance

[vinny]

See also here.

[Frontier Mole]

I am only guessing but I think the frivolous application grounds will be more than likely the reason. In the refusal did it outline the previous immigration history pointing out the refusals and unsuccessful appeals?

[Frontier Mole]

As to appealing- you really don’t have a choice if you want your partner to come to the UK. The 320 paragraphs essentially put paid to any future applications for up to 10 years.

There is no surety that you will win, it will also take a considerable time and cost for the process to run its course.

As for immigration solicitors - there are good ones and bad ones. Unfortunately the industry has more bad than good as it is easy to peddle potential successful appeals to often desperate and emotionally attached individuals.

You have already seen that every application and appeal has failed, only you and your partner can make the final choice if a further attempt is viable.

[Joe3474]

Thanks for the link vinny

frontier mole : Yes it did

01 June 2012 -your clearance was considered for curtailment

08 November 2015 - you was encounter during an enforcement visit and were found to be working

08 November 2015 - you sought immediate asylum which was refused on 10 March 2016, you appealed this on the 10 April 2016 but was dismissed

01 February 2017 applied for FLR but was refused 1st May 2018

1st May 2018 preparation papers were made

20th August 2018 you left voluntarily from UK


Suitability
Under paragraph ECP 1.2(c) your application falls for refusal on grounds under SE-C Of appendix FM because of your previous conduct in the UK.

ELGIBILITY
You meet the elgilibility requirements of section E-ECP of appendix FM

You meet the relationship requirement

You meet the financial requirement

You meet the English language requirement

EXCEPTIONAL CIRCUMSTANCES
this ends with you have provided no information to establish any exceptional circumstances


I am satisfied you have contrived to frustarate the intentions of the immigration rules. By overstaying 5 years after your visa, working illegally, refusing to leave after several move directions was issued to you and attempted to aggravate the rules by immediately applying for Asylum and FLR


In light of above, your application has been refused under paragraph 320(11) D-ECP 1.3 of APPENDIX FM with reference to paragraph ECP 1.1(c)


My own notes : it says above that my partner applied immediately after being encountered by enforcement.
This is untrue statement from the HO. My partner applied for asylum weeks before encountered by enforcement, they just had lost or misplaced the application therefore we had to make a fresh application. Luckily we had signed proof of postage or this application but the enforcement officer said ‘anything could have been in that envelope’. When we applied against the asylum, the judge agreed with us and said the HO has a habit of loosing mail

[Frontier Mole]

The judge may have agreed with the postal issue but the real point is he dismissed the appeal. And the judge has no jurisdiction or force in what he says in matters of administration. The bottom line for the ECO is that the application still shows as being received after the enforcement encounter. The real issues here are the main points -
Overstayer, illegal working, failed appeal etc etc.

As I say you have no choice but to appeal, just manage your expectations and prepare for the long haul. The other choice is not an option really... give up and move on with your lives or move to Sir Lanka.

[Joe3474]

frontier mole; thanks for your reply and advice. It’ll surely give us something to think about

Thanks again

[benjames]

Hi guys, I came here last week because I needed some advice regarding a Spouse visa application refused on P320(11), but further reading, I've discovered that they have used S-EC 1.5 for refusal also.

Ive read over online 100's court cases regarding S-EC1.5 and researched over & over. I am led to believe that to get refused under S-EC1.5, it would need to be something very serious, apart from overstaying and working illegally. Am i right?

In the EMO refusal letter it states -
S-EC1.5 states:
The exclusion of the applicant from the U.K is conducive to the public good because, for example, the applicants conduct, character, associations, or other reason, make it undesirable to grant them entry.
I am satisfied this is applicable in your case given your previous immigration history.

Extracts from caseworkers handbook:
Conducive:
Where consideration is to be given to exclusion on conducive grounds, refer to the paper entitled ‘’General grounds for refusal Section 1 of 5: about this guidance, general grounds for refusal and checks’’, in which (at page 102) the following guidance is given to decision-makers:

Refusal of entry clearance, leave to enter and leave to remain is mandatory where:
• A person is a member of a proscribed group
• A person is suspected of war crimes or crimes against humanity
• A person’s presence is undesirable because of their character, conduct or associations
• A person’s presence might lead to an infringement of UK law or a breach of public order
• A person’s presence may lead to an offence being committed by someone else.

When can I refuse on character, conduct or associations? Published in November 2013 caseworker handbook:

A non-exhaustive list could include:
Low-level criminal activity. Association with known criminals. Involvement with gangs. Pending prosecutions. Extradition requests. public order risks. Prescribed organizations. Unacceptable behaviors. Subject to a travel ban. War crimes. Article 1F of the refugee convention. Deliberate debiting. Proceeds of crime and finances of questionable origins. Corruption. Relations between the UK and elsewhere. Assisting in the invasion (sic) of the immigration control. Hiring illegal workers. Engaging in deceitful or dishonest dealings with Her Majesty’s Government.’

My questions is, has the ECO's used 'overstaying and working illegally' in error with regards with S-EC1.5?
Because to me, overstaying and working illegally don't justify refusal under S-EC1.5, It has to be much more serious than just that.

Any advice or help is appreciated

[CR001]

Not abiding by his student visa conditions, overstaying for 5 years, working illegally and making numerous frivolous and vexatious applications frustrating the immigration rules are serious :

[benjames]

Overstayed yes, working illegally, yes. Frivolous applications? They weren't frivolous, they had merit. They wasn't false applications.
And although serious, there aren't no aggravating circumstances with regards to 320(11), and as i say, i find no past cases or no guidance in the HO caseworkers handbooks that uses working and overstaying to justify a refusal under S-EC1.5

So my question is, again, is there anything in law or do you know of any known cases that a application has been refused under S-EC1.5 for working and overstaying. No arrests, no absconding, deception, nothing else, except whats been mentioned

[Frontier Mole]

The asylum claim - was it based on anything to do with the civil war or any involvement in it in any way?

[benjames]

Hi Frontier mole,

No, the asylum application was based on sexuality grounds. We lost the appeal in anyhows, because the judge found no reason why i could not relocate to Sri-Lanka, which is impossible, as i could not enter and stay there illegally

Thanks

[ukvisa123]

Hi Frontier mole,

No, the asylum application was based on sexuality grounds. We lost the appeal in anyhows, because the judge found no reason why i could not relocate to Sri-Lanka, which is impossible, as i could not enter and stay there illegally

Thanks

Hi, I came across this tribunal decison on S-EC1.5

https://tribunalsdecisions.service.gov. ... 06568-2014

my husband is refused under it and currently appealing

[Joe3474]

After a successful appeal, my partner has received an a email to submit their passport to the Visa Application Centre, in Colombo, Sri Lanka, so i assume so it can be sent off for a visa.

My question is, do you need an appointment just to submit a passport? I have re-searched the VFS Global website, emailed them directly and on Twitter but no response.

Thank you for any help

[seagul]

After a successful appeal, my partner has received an a email to submit their passport to the Visa Application Centre, in Colombo, Sri Lanka, so i assume so it can be sent off for a visa.

My question is, do you need an appointment just to submit a passport? I have re-searched the VFS Global website, emailed them directly and on Twitter but no response.

Thank you for any help

You should contact your local vfs centre.

[Jaune08]

After a successful appeal, my partner has received an a email to submit their passport to the Visa Application Centre, in Colombo, Sri Lanka, so i assume so it can be sent off for a visa.

My question is, do you need an appointment just to submit a passport? I have re-searched the VFS Global website, emailed them directly and on Twitter but no response.

You don't need an appointment to submit the passport. You just walk in to VFS centre and show the letter you've got by email, they will corroborate the information and take the passport, you may have to wait though.

Please keep us updated about the application, and if your partner has got their visa, please share with us the process and what you did to overcome a refusal.

Good luck.

[Joe3474]

Thank you seagull, the only contact number costs £1...something per minute

[Joe3474]

Thats great Jaune. My partners initial spouse visa was refused for320(11), over-stay and working. We appealed and won because there were no aggravating features identified. Overstaying and working isnt featured as a aggravating circumstance.

A month after receiving the judges decision, I received the e-mail from the Immigration centre in Sheffield asking my partner to take their passport to the Visa application centre along with the email. I just didn't know if they needed an appointment, thanks for clearing that up.

[Fififadi]

Thats great Jaune. My partners initial spouse visa was refused for320(11), over-stay and working. We appealed and won because there were no aggravating features identified. Overstaying and working isnt featured as a aggravating circumstance.

A month after receiving the judges decision, I received the e-mail from the Immigration centre in Sheffield asking my partner to take their passport to the Visa application centre along with the email. I just didn't know if they needed an appointment, thanks for clearing that up.

Hi Joe 3474

Firstly, congratulations to you and your partner on your successful appeal. I am very pleased to hear this news today. My husbands visa was also refused under 320(11). We are currently waiting for the review to be completed and then listed for court.

Please may i ask for your timeline. How soon did you get a court date? It seems like the delay there once was for being listed for court has minimised (touch wood). Also, which city are you based in? Just wanting to see if the location has anything to do with getting an earlier court date.

Once again, congratulations and i wish you both a happy life together.

[Joe3474]

Hi Fififadi, thank you for you're kind words.

We lodged an appeal in July 2019 and had the court date for late December 2019. So 5 months in total for a hearing. We were then notified that we had won our appeal 2 weeks after the hearing (the longest 2 weeks of my life). I am based in Newport, South-Wales. Thats where the hearing took place.

Good luck on your appeal, I wish you both the best of luck