# U.K Spouse Visa Refused, Please Help.



## Junes (Jun 16, 2014)

Dear All

I'm South African, been living in the U.K for a few years and have overstayed my visa for some time. I've been living in the U.K with my partner whom is British and I was unable to get a new visa unless we get married. We've been together for 2.5 years and just got married in march 2014.

We used immigration Lawyers to advise us throughout the process. We came to South Africa, got married and applied for an entry clearance. After 2 months I received my documents with a letter stating that my application has been refused due to the following reasons.... *PLEASE SEE ATTACHMENT FOR THE ECO's REASONS OF REFUSAL.*

*
To explain my points in accordance to the ECO's points of refusal...*

*Working Holiday *– I gave these dates in my application form under section 5.4 (Have you been granted any UK visas in the last 10 years?)

*Holiday Extension *– I gave these dates in my application form under section 5.4 (Have you been granted any UK visas in the last 10 years?)

*Encountered at Embarkation control *– The reason why this was not on my application is because my application has already been submitted online before I’ve been pulled aside at Heathrow Airport.

*Voluntary Departure *– This was again after my application has been submitted online

*Declaration to why I've overstayed for 5 years *- My immigration Lawyers never made me aware that I had to do this, I would've if I had known.

The ECO clearly missed the dates and information of previous visa dates that I provided on the application form.


I feel my immigration lawyers failed to tell me about the declaration about why I have overstayed for 5 years. I paid them a lot of money and they provided me with a list of documents to provide. Before we left the U.K they checked ALL our documents and said everything is in order and we don't need anything else. I've reported the refusal to them, they've emailed a letter to the British High Commission in South Africa, but we've had no response in 2 weeks now. I've emailed my immigration Lawyers in a panic as we only had 28 days to appeal, but now after numerous emails I don't hear a word from my lawyer. 

Could anyone PLEASE advise to my case and what the best step forward would be.

I'm aware that we can appeal for an oral hearing,
or a written hearing
or go to our local MP for help
or re-apply...

PLEASE PLEASE help, any advise would be appreciated.


Kind Regards
Junes


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## Jem62 (Jul 25, 2012)

Sorry to say this, but you are in a great deal of trouble, the HO system has flagged you as an over stayer and therefore an undesirable. Any appeal will have to show that you have made an effort to regularise your stay in the UK during the five years but this does not excuse the length of your over stay. It would be better for your wife to apply for a spousal visa, she would need to demonstrate that she earns more than £18 600 pa. This way they have to take your marital status into account, which is a new situation and the law is different. Hence they might set aside your over stay period. Good luck, it is going to be long and hard.


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## Junes (Jun 16, 2014)

Hi Jem62

Thank you for your reply. Sorry I forgot to mention that we did apply for entry clearance as a spouse. We provided all the information as required including the financial requirements. They were happy with everything else we provided and the proof that our relationship is real and not a scam. The only thing they refused me on was the fact that I overstayed. I followed the advise of my lawyer and he was certain that we stand a very good chance and never adviced me to declare why I've overstayed for that period. I would've done that if I knew it was required for the application. The length I overstayed was mainly to be with my partner.


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## Jem62 (Jul 25, 2012)

This should be your grounds for appeal, under European law they cannot deny you a right to a family life, which they will be doing if they deny you the right to live with your wife. UK law must be interpreted in view of European law. I'm not sure either if entry clearance is the same as applying for a spousal visa. You need proper legal representation, there are a lot of cowboys in the area of immigration. Good luck again.


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## Joppa (Sep 7, 2009)

The UK government will fight their ground tooth and nail. It's getting more and more difficult to get immigration decision overturned by a court, and they will appeal if a lower court decides against them.


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## _shel (Mar 2, 2014)

Jem62 said:


> This should be your grounds for appeal, under European law they cannot deny you a right to a family life, which they will be doing if they deny you the right to live with your wife. UK law must be interpreted in view of European law. I'm not sure either if entry clearance is the same as applying for a spousal visa. You need proper legal representation, there are a lot of cowboys in the area of immigration. Good luck again.


 But from the point of view of the Government they wont be denying him the right to family life, just the right to do such in the UK. 

There is no reason why they can not have a family life in south africa.


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## WestCoastCanadianGirl (Mar 17, 2012)

It looks like your application was doomed from the moment that you submitted it.

Did you disclose to your lawyer that you were an overstayer of a significant length of time? If so, I think he/she would have taken you down a different tack in your quest to be able to stay. If the lawyer didn't know that you were an overstayer, there would be no way for them to be able to advise what direction you should take.

Even if the ECO missed the dates of your Working Holiday visa and its extension, the simple fact that you were still in the UK as an overstayer when you submitted your application is going to be a difficult obstacle to overcome and explain sufficiently if you decide to appeal the decision. Saying that the reason why you overstayed was to be with your partner and that your lawyer didn't tell you to declare your overstay isn't going to be enough of a reason to compel the appeals court to rule in your favour.

Good luck to you on the road you're about to face.


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## _shel (Mar 2, 2014)

I've unapproved your attachment, you really shouldn't put all your personal details on a public forum! 

If you want to put it back up edit it first.


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## Jem62 (Jul 25, 2012)

His wife is an EU citizen and her right to a family life will be denied.


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## _shel (Mar 2, 2014)

Jem62 said:


> His wife is an EU citizen and her right to a family life will be denied.



She isn't the one with right to appeal he is.

Her rights are still not denied if she wanted to take it to Court. They have the whole of Europe and South Africa they can live in. Its not as if he comes from Syria where they CANT live or have a family life


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## WestCoastCanadianGirl (Mar 17, 2012)

Even if he did decide to appeal, the fact that he knowingly overstayed and did nothing to try to rectify and was in an overstay situation when he submitted his original online application is going to be _very_ difficult... they've been removing overstayers who are in relationships with Brits for years and, given the government's mandate to reduce net migration to the UK and what Joppa has said upthread, the UKBA will likely push any appeal as far as they can.

ETA: it's also _not_ fair to everyone else from outside of the EEA who has played by the rules as far as leaving before their visa(s) expire goes and all of the current applicants who are having to spend inordinate amounts of time away from their British partners while waiting for their applications to be processed if OP were to have his refusal overturned on appeal... it would set a very nasty precedent that I doubt the Home Office would want to establish.


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## Hertsfem (Jun 19, 2013)

Jem62 said:


> His wife is an EU citizen and her right to a family life will be denied.


If that was the case then every person that has overstayed and everyone that does not meet the financial requirement would be using section 8...


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