# need help previously overstayed



## spouse1234 (Jul 21, 2013)

I applied spouse visa last year in june and unfortunatlly got refused in dec. 2012... the ECO decision was that 
Home office records confirm that u were issued a UK visit enrty clearnce on xx xx xxxx
and also that you were encountered on xx xx xxxxx as person who had overstayed their entry clearance expiry date. you have failed to declare this fact on your application and you have submitted a new passport which does not contain your previous travel dates in the UK. The missin of this fact that you have :fingerscrossed::fingerscrossed: breached UK immigration rules leads me to doubt your credibilty and your intention to enter the UK on this occasion and givien you have applied as a spouse on this occasion on xx xx xxxx ( approximately three months after you returned to Pakistan). I am not satisfied that your marriage is genuine and you intend to enter tha UK in order to live permanently in the UK with your spouse . 281 (!!!) 320 (7A)
I overstayed in the UK for almost 2 years but I came volantarily . we got married in pakistan in April 2012. As I had lost my old passport but I did mention this in my application . I also mentioned my traval dates , the date i entry in the UK ,and the date i came from UK . hearing is in April 2014 .. d0 we have g00d chance win ?:fingerscrossed:


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## AmyD (Jan 12, 2013)

No. You have deceived the UKBA and there is a high likelihood you'll be banned for ten years.


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## Joppa (Sep 7, 2009)

Why didn't you declare your previous immigration offence (overstaying)? Keeping silent about material facts is dishonesty and Home Office was quite justified in rejecting your spouse visa application.
Whether you stand any chance in your appeal is hard to say, but the fact you overstayed by 2 years and you were dishonest in your application doesn't paint a good picture. Have a talk with a legal advisor


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## spouse1234 (Jul 21, 2013)

thanks for reply ...

there is no any qusetion in applecation form where Home Office aske have u previously overstayed... the question was have u travelled to the UK last 10 year , my answer was YES, then in addittional information the question was , you stated that u had travelled to UK the last 10 years please provide details ... so i wrote my travell dates ....so i was not dishonest .... I answered all the Questions honstely ... and that travel date shows that i was overstayed....so thats not hidding matrail facts ... any advise on that please ?


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## Joppa (Sep 7, 2009)

> 6.6 Have you ever voluntarily elected to depart the UK before you were served with an immigration decision and/or other papers?


http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a.pdf

You should have declared your overstay and voluntary departure there.


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## spouse1234 (Jul 21, 2013)

this is new application form for those who applied after 9th July.... I applied under the old ruls ... and there is no such a question there i have just rechecked my application form ...


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## Joppa (Sep 7, 2009)

Still, you should have declared your overstay and voluntary departure, as UKBA had a record of it.


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## ddang (Jun 21, 2012)

I too was under old rules so I had a look my self.

Under section6 previous applications and travel history 
6.7 said have you ever made an application to the UK in the last 10 years and then it says granted/refused.

I'm pretty certain this is the area you should have stated you were granted this visa to the UK on this date and then you should have mentioned you overstayed by so many years and left voluntary at your on expense on this date.


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## spouse1234 (Jul 21, 2013)

Joppa said:


> Still, you should have declared your overstat and voluntary departure, as UKBA had a record of it.


 But you cannot refuse an applicant on these grounds if you have not indicated to the applicant the kind of information that is relevant to the application. The Court of Appeal (in the case of IRACKI) has held that an applicant is not obliged to volunteer information unless he is given an indication of the kind of information which is material to the application......... this is what law says...and plus i wrote my trevall dates.


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## AnAmericanInScotland (Feb 8, 2012)

spouse1234 said:


> But you cannot refuse an applicant on these grounds if you have not indicated to the applicant the kind of information that is relevant to the application. The Court of Appeal (in the case of IRACKI) has held that an applicant is not obliged to volunteer information unless he is given an indication of the kind of information which is material to the application......... this is what law says...and plus i wrote my trevall dates.


I too applied under the old rules (successfully and am now on my ILR) and the Guidance notes+wording on the application made it clear to me that I should disclose any violations of immigration rules on that application if nowhere else on the application than in the 'Additional Information' space. 

Not that I had anything like that in my travel/previous visa history. Had I overstayed by the unconscionable length of time you overstayed, I certainly wouldn't have even tried to make an application without making an extremely contrite effort to explain that A-I understood I'd committed a very serious violation, and that I was terribly, terribly sorry for having done so.

Surely you knew you'd committed an extremely serious action by overstaying. 

Frankly from what I've read you've abused the system and are still trying to find a 'get-around'. Not going to wash, and you're not going to find a lot of sympathy from people here who've worked VERY hard to be completely above board on our applications.


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## Guest (Nov 29, 2013)

But would the OP not have received a ban anyway for having overstayed regardless of if they declared it later in their application? 

How about the different passport. Would omitting the previous passport details and simply saying it is lost amount to deliberate deception and further reason for refusal?


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