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Discussion Starter · #1 ·
Hello all,

sorry for the very long post but - plz can any1 help?

I'm married and travel back and forth a few times a year from the UK to Africa to visit my hubby. We've been in a relationship for almost 4 years and married for 1 and expecting a child, I am currently in the UK and would like him to be present at the birth.

we submitted a family visa application along with my payslips, letter of support, marriage certificate, UK bills for my proof of address, letter from partners employers and bank statements; I confirmed that arrangements would be made to purchase a return ticket for my husband as he has business and employment ties in Africa so will certainly return. Unfortunately we just received notification that the application has been refused entry clearance under section 105 of the nationality and immigration act 2002.

To give some background, my partner was in the UK but overstayed his visa and voluntarily left for his country 3 years later in 2008. Since that time, he has established himself in his home country and has property, employment and social ties there. I plan to move permanently after years of working back and forth, in the next few months.

The refusal notice states that the application was considered under 41 of the UK immigration rules but in assessing the application, the ECO, didnt think it necessary to interview my partner but has taken account of:
- the finance and employment info declared on the form
- travel history
- family circumstances
- supporting documents

The letter also says that appeal rights have been withdrawn.

In the letter, the ECO states that as my partner overstayed by almost 4 years, nowhere did he state on the form: ''why you did not comply with UK immigration rules and how you supported yourself during your stay. I have thoroughly considered the circumstances of your application, however, on balance, I am not satisfied that they are of a sufficiently compelling nature for me to exercise discretion''.

It goes on that no evidence of claimed income (Bank statement or payslips) were provided (however, a formal signed letter from his employer included this information). As such, they felt he ''didn't illustrate his financial circumstances in his home country''.

It finally says:

''...I am not satisfied that you are seeking a genuine visit or that you intend to leave the UK at the end of your visit. 41 (i) and (ii).

I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

Your right of appeal is limited to the grounds referred to in Section 84 (1) 9c) of the Nationality Immigration and Asylum Act 2002.''

So, i guess i am here for advice on what our next step is, as we cant appeal. i was thinking we can apply for an administrative review. where the ECO says there's been a refusal above it doesnt explicity reference a particular paragraph of the Immigration Act.

also, the ECO states that nowhere did husband say how he supported himself during his overstay - is this necessary - i dont know if there is a section on the form for this? help!

Finally, if someone did overstay, but returned to the home country, how soon can they usually return to the UK? is it usually 1 year or 5 years? as if 5 years his is up? Is this a potential grounds for the Admin review.

We are very upset and concerned and wondering what options we have to ensure that he is present at a crucial time in our lives.

In our minds, the refusal does not explicitly state what rule exactly is being referred to apart from the balance of probabilities and then the bit that says .... 41 (i) and (ii) unless this is it?
The wording is not clear for me.

also, if we apply for admin review, is it going to be an option to mention an infringement of Human Rights for him to provide temporary care for his child under section 41 of the immigration rules?

would really appreciate some practical and helpful advice / tips on next steps from any forum members and moderators.

Thanks for reading and responding in advance.

CGIG
 

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It's a complicated situation and you definitely need the help of an immigration lawyer/advisor (preferably in UK) who can skilfully navigate through the troubled waters. ECO can turn down an application without concrete proofs but on balance of probabilities and using their own judgement.
 

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Discussion Starter · #4 ·
Thank you for your reply, Joppa.
It's all incredibly confusing.
Not sure if an admin review is the way to go based on you f/b.
:(
 
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