# Visa refused because overstayed



## Teacher786 (Aug 29, 2013)

Hi all, 

I was hoping to get some advice on time frames for all this visa stuff. My husband worked here and studied here for 8 years but after being here for about 6 years they told him to return because he used some false documents (he was young and stupid, I know it's not an excuse but what can you do now) he didn't return and stayed. We only met last year and when I realised the situation we went to see a solicitor. The solicitor said we should have our civil wedding and then apply but the day of the civil BOrder Control came and took him away. He was detained for 2 weeks and returned at his own expense. 

We applied for a visa knowing it would be refused but I meet all the financial requirements. It's been refused but I just wanted to know if anyone has any idea how long it could take from the day we sent off the appeal? My solicitor is saying because there is a backlog it could be a year! I'm appalled as we only got married in December and have spent barely a month together since. 

Any ways to speed it up? 

Thanks


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## hanane salim (Aug 14, 2013)

*appeal visa*

you have only 28 days for make the appeal the appeal take 6 months sometimes less sometimes more good luck I know many freind take the visa on the appeal without a lawyer


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## Teacher786 (Aug 29, 2013)

Thanks for the reply. We have submitted the appeal and they have taken the payment from my account. 

I am waiting to hear the date for the ECO to get back to us.


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## skinnie58 (Apr 3, 2013)

Teacher786 said:


> Thanks for the reply. We have submitted the appeal and they have taken the payment from my account.
> 
> I am waiting to hear the date for the ECO to get back to us.


Hi Teacher

Once the tribunal has taken the fee you will usually hear from them within two weeks to give you your appeal pending date, the letter will state the ECM has 19 weeks to overturn the decision or not. Its possible you could get a decision made up to six weeks before the deadline, and it is also possible the deadline will pass before you hear anything; it is a very long road and can take up to 9 months to a year to finalise.

My fiancé visa was refused in February 2013 we appealed, our deadline was 
19 August and we got the letter from the tribunal 25 July informing us that the original decision to refuse was overturned. We did not go through a solicitor as it was a straightforward case, where they did not believe our relationship was genuine but we provided them with evidence to prove it was so it was not difficult as yours.

Good Luck:fingerscrossed:


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## Joppa (Sep 7, 2009)

OP's case is far from straightforward with deception, arrest and removal. There is usually an entry and visa ban of 10 years imposed on a case like this, so there is a rocky road ahead. It will almost certainly go to a tribunal hearing before a judge, and Home Office will mount a vigorous defence.


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## Teacher786 (Aug 29, 2013)

He did leave at his own expense. I guess what I really want to know is it worth all the hassle? Anyway we are going to return to Sri Lanka in a few years.


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## Joppa (Sep 7, 2009)

Speak to a competent advisor, as a case like this requires expert handling and consideration of all the circumstances. I don't rate your chances at all highly, frankly. Use of deception alone carries automatic ban of 10 years.


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## Teacher786 (Aug 29, 2013)

I have a solicitor but to be honest I'm.not sure if I'm happy with them. Could anyone advise me on who to speak to?


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## Teacher786 (Aug 29, 2013)

Hi all, 

I was wondering if anyone knows how to speed up the appeal process. I have been told it will take 19 weeks for the entry clearance officer to review the case. We know it will b a refusal still so is there any way to skip this or shorten the time? I have a drs note that explains suffer from depression and I was thinking to speak with my local mp? 

Any help would be appreciated.


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## Joppa (Sep 7, 2009)

Nope, and you can be left waiting up to a year before the tribunal hearing.
There is no priority, every case goes through the same procedure, cases are handled strictly according to the order they are received and they are overwhelmed with demand.


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## Teacher786 (Aug 29, 2013)

Thanks for the response. 

This sucks. How is it fair to keep families apart for so long?


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## Joppa (Sep 7, 2009)

Is it fair to allow people in who have used deception and have been removed from UK for immigration offence without the fullest of investigation and whether it's in the wider public interest to do so?


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## Teacher786 (Aug 29, 2013)

I am all for a full investigation. They are more then welcome to check him and myself out. My problem is with the time span. It's completely unacceptable to expect families to be apart so long. It will b two years at the very earliest, it's no wonder people overstay if this is how long it can potentially take. If not longer.


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## Hertsfem (Jun 19, 2013)

Deception is deception I'm afraid! I feel for those that go by the book and are kept apart...


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