Spouse Visa 320(11) plz help

[hubby]

hi all

my refusal
you entered the uk in october 2006 which was issued from 13 oct 2006 to 28 feb 2008 and were then granted limited leave to remain until 31/03/2009.On 24/03/2009 you applied for extension and where refused on 25/08/2009 and you left the uk on 19/05/2010.you have overstayed the validity of visa by 26 months.
During the overstay you decided to get married on 1/2/2010 and applied to the HO for settlement visa on 22/02/2010,you were the refuse this visa on 24/04/2010 as you were illegally staying at the time of your marriage.you returned to india on 19/05/2010
In light of the above information ,i m satisfied that this demonstrates that you contrieved in a significant way to frustrate the intentions of the immigration rule 320(11)

i was granted COA in december and the got married in feb..
and i didnt overstayed for 26 months as you can figure it out thats a lie....


plz help and give me some advice as i hv already appealed...
What are my chances..plz

[hubby]

i have applied this from india and got refused......

[geriatrix]

Approval of CoA (certificate of approval) doesn't confer any rights on the applicant to live / remain in the UK. To remain in the UK legally, one needs a valid leave to enter / remain.

Since your leave to remain application (submitted 24-03-09) was refused on 25-08-09 (and if you did not appeal the refusal if given the right), then you were an overstayer from either the last day you could have submitted such an appeal or from 31-03-09 if you made an invalid application or had no right to appeal (as the case may be) until the date of your exit from UK (19-05-10).

While the claim that "you overstayed for 26 months" may be wrong in terms of duration of overstaying (typo error by UKBA?), but:
1. you married in the UK on 01-02-10 at a time when you had no valid leave to enter / remain (an overstayer), and
2. made a leave to remain application (22-02-10) - while being an overstayer - which was subsequently refused (24-04-10).



regards

[MPH80]

This seems like an extreme case to have applied 320(11) to.

For a simple overstay and marriage to be rejected - no overstayer would ever get a spouse visa on that basis - and we know they do.

That suggests the length of the overstay is a problem ... and I'm going to guess there's got to be something else in here - like - did you work while overstaying? Did you claim benefits?

M.

[hubby]

thanks for your reply susdmehta

i just wonder that what are my chances....
as i have overstayed, will i be able to get the spouse visa..
my wife work full time,she earn about 1500 pm
we have tenant agreement on our which state that we were living together from march 2009 and documentation that we were in relationship before started in 2007 eg phone records,greeting cards,gifts receipts etc.....

[hubby]

thanks mph80

i did work in my overstay....but they didnt mention anything abt working in my refusal
i didnt claim any benefit...
they just mention that they were not satisfied with our marriage as we have submitted less evidence like 5 photos and marriage certificate

but now we have about 60 photos and the statments from the people who were present
my qualification certificates
a letter from the employer that i ll get the job once i m back...

[hubby]

mph08

i was overstayed for 8 months they have given as 26 months by error...

[Greenie]

thanks mph80

i did work in my overstay....but they didnt mention anything abt working in my refusal
i didnt claim any benefit...
they just mention that they were not satisfied with our marriage as we have submitted less evidence like 5 photos and marriage certificate

but now we have about 60 photos and the statments from the people who were present
my qualification certificates
a letter from the employer that i ll get the job once i m back...

have they accepted you are in a genuine relationship? What else does the refusal letter say?

[vinny]

See also advice.

[hubby]

no i think they didnt accepted it ..even though we have proved that when applied for COA.

[hubby]

can any1 tell me plz ...wat are my chances in appeal?

[hubby]

APPEAL ALLOWED!!!!!!!!!
Thanks guys for your guidance.....