Suggestion required reg my Wife's Appeal

[navneeth1986]

Hi Guys,

Could you please provide your suggestion reg my wife's appeal.

My wife applied for Tier-2 dependent visa on 1st november 2012, and got rejected on the basis that she overstayed from 15 jan 2012 till 10 may 2012.

Previous rejection history and appeal history:

1) Applied for Tier-2(general) in december 2011.
2) rejected on the basis that her salary for insufficient. received decision on 18th Jan 2012.
3) We were given the right to appeal, we appeal against the decision within 10 days.
4) the hearing date was set to 2nde april.
5) Appeal was heard and was not allowed. received on 18th april.
6) We then informed the vounteer derparture team and she went back on 10th may.

Then we got married in oct and applied for tier-2 dependant visa on 1st november. she kept all the document(previous rejection,appeal date confirmation, appeak determination and everything).

Now they say she had overstayed during the tier-2 general appeal process, which was from Jan to may. we have now filed an appeal againt the ECM decision.

my question:

1) do you think she had overstayed?

2) will the ECM overturn the decision in the review.?

3) can I fresh application while the appeall process work?

Please advise your thoughts on this. I know this may be a complicated case as there are lots of dates to keep in mind

thanks
nav

[vinny]

Considering that she had the right of appeal, I am assuming that the had applied in-time. Therefore, she was covered under Section 3C until the final determination of her appeal. Therefore, she did overstay. However her overstay period was less than 28 days.

[navneeth1986]

Hi Vinny,

Thanks for the reply. So are you saying that she overstayed from the date of determination till 10th may.?

her visa rejection letter clearly stated that she is legally allowed to live in the UK untill her appeal decision is received.



thanks
nav

[navneeth1986]

@Vinny,

This was the exact words in the decision letter.

"You were refused to remain in the UK on 18th Jan 2012 and did not leave until 11 may 2012. you did not report to your nearest UKBA office within 10 days of sais refusal and as such I am satisfied that you have previously breached the UK's Immigration laws by overstaying".

Hope this help.


thanks
nav

[vinny]

The ECO seems to be unaware that your wife had appealed or the consequences of Section 3C leave. Click on my previous links for more information.

The ECO should also have quoted the pagaragraph no. of the Immigration Rules that s/he considered was applicable to the refusal.

[manci]

Consider requesting an Administrative Review (must be within 28 days of receiving the refusal decision). Read Annec C of the T2 Policy Guidance.

[navneeth1986]

thanks guys, But we only got rights to appeal not administrative review.

We have lodged the appeal, there is a review in the appeal process. Do you guys think if we keep the appeal supporting documents will help our case in the ECM review.? it seems like he did not see the appeal document when the application was made?

[navneeth1986]

@vinny/Manci.

My question

Did she overstay? even if we take the fact that she overstayed, the ban is for 1 year, which has already passed(Jan 2012 to Jan 2013). can we make a fresh application while the appeal is in progress.?

please advice.

thanks
nav

[Greenie]

She only overstayed from the end of her section 3C leave until the date she left the UK.
Her section 3c leave would have ended 5 days after she received the determination of the tribunal (as there are 5 days to ask for permission to appeal this decision) so she should not have been refused on this basis. You should appeal.

[manci]

thanks guys, But we only got rights to appeal not administrative review. Administrative Review is a non-statutory scheme, you don't need a "right" to request one, only need to comply with the guidance in Annex C to the T2 policy guidance. Unlike an appeal it is free of charge. The form to request an Administrative Review is here: http://www.ukba.homeoffice.gov.uk/sitec ... equest.pdf

We have lodged the appeal, there is a review in the appeal process. Do you guys think if we keep the appeal supporting documents will help our case in the ECM review.? it seems like he did not see the appeal document when the application was made?

[manci]

@vinny/Manci.

My question

Did she overstay?

She overstayed for less than 28 days (some date in the second half of April to 10 May 2012) which is normally disregarded

[Greenie]

thanks guys, But we only got rights to appeal not administrative review. Administrative Review is a non-statutory scheme, you don't need a "right" to request one, only need to comply with the guidance in Annex C to the T2 policy guidance. Unlike an appeal it is free of charge. The form to request an Administrative Review is here: http://www.ukba.homeoffice.gov.uk/sitec ... equest.pdf

We have lodged the appeal, there is a review in the appeal process. Do you guys think if we keep the appeal supporting documents will help our case in the ECM review.? it seems like he did not see the appeal document when the application was made?

Administrative review is only for points based Applications, not for dependent applications.

[navneeth1986]

Thanks a lot for clarification guys. My solicitor says that the ECM may not overturn the decision in the ECM review. is that true?

I am trying to save some time, as you guys know appeals take really long time for out-of-country appeals.

[manci]

Administrative review is only for points based Applications, not for dependent applications.

of course, overlooked this

[navneeth1986]

Hi Guys,

Just a quick one.. How far is ECM review successfull? I am thinking of submitting all the supporting documents to prove it.

Please provide your thoughts.

Thanks
Nav

[navneeth1986]

Hi guys,

Thanks for all the suggestion. The ECM has overturned the decision and requested to submit the passport.

How long does it normally take to issue the visa?

Is there any timescale for this.?

Thanks
nav