help

[maintenanceone]

hi can anyone please my wife overstayed her tourist visa by 3 years and worked on a fake passport and was deported i have tried to get her back to england via a lawyer but visa was refused guidance chapter 26.18 paragraph 320(11) im wondering weather its worth a appealing they are saying your husband can go and live in bolivia i have no job there no house and dont speak spainish can anybody give me some advise thanks

[geriatrix]

What is your immigration status in the UK?


regards

[maintenanceone]

hi im british got married to my wife in bolivia after her deportation trying to get my wife back to england

[Mr Rusty]

...... im wondering weather its worth a appealing ......

Have you any alternative? As far as I can see, there is no provision for Para 320(11) not to be invoked if she applies again. One can only guess at how many times they would refuse her if she kept applying.
But this is a case where you need to consult a qualified immigration advisor experienced in such appeals, and take their advice.

[maintenanceone]

hi thanks for the reply i have now tryed twice but keep getting turned down im not sure what they would like us to say or do im running out of money what with visa costs solitors costs will it never end

[MPH80]

So what has the solicitor said?

I don't see a way around the 320 (11) unless some nice appeal judge sees things differently - but I'm not sure that'll be the case given your wife's history.

they are saying your husband can go and live in bolivia i have no job there no house and dont speak spainish

I'm going to be harsh now. You travelled to Bolivia to marry your (now) wife. You must have known there was a chance she wouldn't be able to come back.

Now - not speaking Spanish - it isn't that hard to learn trust me - my wife is Peruvian.

Not having a house - well - your wife must be living somewhere out there!

Not having a job ... that can come once you can speak Spanish - and I'd bet there are plenty of offices who would love someone who speaks flawless English.

Life IS possible outside the UK.

Perhaps it might be time to consider using your money to setup over there rather than fruitless applications.

M.

[Mr Rusty]

hi thanks for the reply i have now tryed twice but keep getting turned down im not sure what they would like us to say or do im running out of money what with visa costs solitors costs will it never end

So you tried a second time and they knocked you back again. I'm sorry, I've no idea whether there's actually anything you can say or do that will overturn the current situation. Only the passage of time may bring about a change of heart. There's no stipulated period of "ban" as in refusals under Para 320 7B, so you've got nothing to go on. The trouble with appealing is that if your missis is "bang to rights", the judge can only uphold the ECO's decision, and as I'm sure you're aware the Article 8 Right to Family Life under the Human Rights Convention does not confer any right to exercise it in any particular place, which is what the refusal letter means.
Unless your solicitors can point to some precedents which indicate how long you may have to wait before applying successfully, you might be best to resign yourself to a few years' separation or, as MPH80 suggests, consider trying to make a go of it in Bolivia for a while.
You could write/email the Entry Clearance Manager in Bolivia and ask him to reconsider the case, and if the decision is maintained (which it probably will be) ask him if he could give some idea of how long your wife must wait before she has purged her offence.

[maintenanceone]

hi it would have been better had my wife been banned from england then i know were i stand immigration officer told my wife if we got married in bolivia she could come back to england

[vinny]

can someone tell me in plain english what guidance chapter 26.18 and paragraph 320 (11) mean thanks

[vinny]

See also Frustrating the intentions of the Immigration Rules – paragraph 320 (11)

I'm not sure what's written in Chapter 26.18?