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Family Visa for Overstayer

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Family Visa for Overstayer

Post by sam550 » Wed Jan 14, 2015 11:13 am

Hi I overstayed my visa since April 2010, I was a student at Manchester University for a graduation studies but I had some financial difficulties I only studied for first year at University, I sent my visa for extension in 2010 but they sent my application back in May 2010 kuz i didn't had enough money for extension, they said re apply visa, but I was in a fear of rejection so i didn't re apply. now i am an over stayer ... my wife is British born actually we had a Muslim marriage (NIKKAH) in 2012 n since than we are living together, well we've known each other for almost 5 years, then I sent my FLR(M) through a solictior ( Solicitor was a dodgy when I read about him on the local paper ) anyway we sent phone bills, Joint account, pictures of nikkah n wedding to HO, joint statements her salary slips, utilized bills etc
ps my wife is on 30k per annum and she owns a house on her name.
We Applied a Visa via solicitor on 1st week of July 2012
Acknowledgement received on 19th of July 2012
sent my English language test on 25th of July 2012
Biomtric letter on 17th Sept 2012
Biometric sent on 23rd Sept 2012
And than Home Office has refused under paragraph 286 with reference to paragraph 284 (I) and paragraph 284 (IV) and I have no right to appeal. But than last October my wife gave birth to a Baby boy, now we have his birth certificate and NHS documents. Reference letters ETC to re apply for a visa, I just need to know how long will it take for all the process , and its better to apply from here in UK or go back to Pakistan and re apply my visa, I prefer not going back as it will waste another year or so and we hardly settled down.
Regards

ps any suggestions or personal experience will be highly helpful and give me a courage.
Regards

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Family Visa for Overstayer

Post by Obie » Wed Jan 14, 2015 12:26 pm

With the baby, the prospect of success is much greater.

However the Islamic marriage will not be recognised.

You have have to rely on unmarried partner relationship , provided you have sufficient evidence to prove 2 years of relationship .
Smooth seas do not make skilful sailors

sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: Family Visa for Overstayer

Post by sam550 » Fri Jan 16, 2015 9:39 am

Hi thanks for your reply Obie, I have all the documents to prove that I'm in a genuine relationship, with joint account, pictures, all other paperwork, just got our son's birth certificate and British passport as well, so you think better to apply for FLR (O) from here in UK !! how much is the rate of success with all the documents and everything, because I don't want to go back to my country which means ill be in lot of debt.
Regards

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Family Visa for Overstayer

Post by Obie » Fri Jan 16, 2015 10:08 am

It depends on how you explain and present your case, but the prospect seems decent .
Smooth seas do not make skilful sailors

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Family Visa for Overstayer

Post by Zee ali » Sat Jan 17, 2015 11:29 pm

sam550 wrote:Hi thanks for your reply Obie, I have all the documents to prove that I'm in a genuine relationship, with joint account, pictures, all other paperwork, just got our son's birth certificate and British passport as well, so you think better to apply for FLR (O) from here in UK !! how much is the rate of success with all the documents and everything, because I don't want to go back to my country which means ill be in lot of debt.
Regards

Correct form should be FLR FP not FLR O.

Chances r good. Give it a try from hee
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Family Visa for Overstayer

Post by Obie » Mon Jan 19, 2015 1:39 am

Zee ali wrote:

Correct form should be FLR FP not FLR O.

Chances r good. Give it a try from hee
Perfectly correct. Thanks for pointing that out.

That portion of his question skipped my attention.
Smooth seas do not make skilful sailors

sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: Family Visa for Overstayer

Post by sam550 » Wed Jan 21, 2015 10:31 am

thank for all the info guys, I filled all the forms in attached all the relevant documents , and sent it to UKBA, they already took the money out so finger crossed

Documents I attached
Passports
Birth certificates
Wife's Wage slips, Bank statements, Joint statements, saving accounts
wedding pictures, picture we took ( All three of us together) + with family & friends
my University documents
hospital paperwork
letter from NHS stating we live in a same house and all three of us registered at your surgery
letter from health visitor stated that me n my wife looking after our son
8 reference letters from family n friends
letters with the same address on it
personal statement ( What went wrong and why it'll effect us, if I go back home)
etc etc

sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: Family Visa for Overstayer

Post by sam550 » Thu Jan 22, 2015 11:27 am

please help any one ????/ did I missed any of the important piece of paper ???
how important reference letters are from other friends and family members ??

kingin2015
Junior Member
Posts: 65
Joined: Thu Jul 31, 2014 5:56 pm

Re: Family Visa for Overstayer

Post by kingin2015 » Thu Jan 22, 2015 11:39 am

sam550 wrote:please help any one ????/ did I missed any of the important piece of paper ???
how important reference letters are from other friends and family members ??
Hope you have filled FLR FP form. All the best.

sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: Family Visa for Overstayer

Post by sam550 » Fri Jan 23, 2015 12:38 pm

Hope you have filled FLR FP form. All the best.[/quote]

Yes mate indeed rite form, and surprisingly I just had done my biomatrics about half n hour ago lol .... I cant believe its all happening so fast, received my letter this morning and went straight for a biomatrics lol, why it's all happening so fast, you think I have a sstrong case ???

sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: Family Visa for Overstayer

Post by sam550 » Wed Jan 28, 2015 12:34 pm

HI I just want to know How long will it take now, the whole process ??? I had my money taken and biomatrics in the time span of 11 days really, is it just a co incidence or HO is working double shifts lol

sam550
Member
Posts: 211
Joined: Wed Jan 14, 2015 11:04 am
United Kingdom

Re: Family Visa for Overstayer

Post by sam550 » Thu Jan 29, 2015 11:06 am

Hi Guys I just received my visa today I cant believe this. it all happened so fast, I'm over the moon,

I think I deserve a holiday now lol

First Visa refused in 2013
Reapplied again in 2015

Date Applied/Docs sent: 16/01/1
Date Received Ack. Letter: N/A
Date Biometrics booking letter arrived: 23/01/2015
Date Biometrics Done at PO : 23/01/2015
Date Passport/Docs received from HO: 29/01/2015
Date Biometrics received : Waiting
Visa Type : FLR(0) FP

Insomnia
Junior Member
Posts: 76
Joined: Fri May 09, 2014 3:11 pm

Re: Family Visa for Overstayer

Post by Insomnia » Mon Feb 02, 2015 11:47 am

Hi there

I am using this forum from a while. I found it extremely helpful. I have a situation, shouldn't be new to most of you guys.

I have got ILR last year. I have got 2 kids they are British nationals now. 5 and 3 years old. My Mrs came into this country 8-9 years back. But she does not have any status in this country.Now we decided to apply for her.

As she not been back to her country for long time. Can she go back and apply from there as i am earning more than £19000 per year.
Any suggestions in my case if she goes back , Merits & Demerits and any consequences which can effect on the applications. As my both kids just started school this year so i am looking to send her this summer to see her family and apply from there as well.Kids need to join back school in September again.
I believe if she will granted visa from back home . it would be 5 years instead of apply inside the UK discretionary basis 10 years route.
She stayed in this country illegally for such a long time , could this be a worst effect on the considerations for the application.
Does it make any difference if a person illegal entry or an over stayer?

I will highly appreciate for your expert advice and experiences.

Best Regards

ali845
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 2:56 pm

Re: Family Visa for Overstayer

Post by ali845 » Sat Feb 07, 2015 3:15 pm

Hi Everyone i am new on this form i need some advice.

Basically My situation is i came into uk 2011 on study visa couldn't continue my study then i apply for FLR(O) on basis i want to stay here continue my study this and that my lawyer wrote that story and got rejected after few months but my lawyer didn't tell me once in random check police officer stopped me and arrested because i am an overstayer that was quite shocking for me because i never received a letter from lawyer or home office my application is rejected any how they leave me next day and ask to come on signs / report immigration centre weekly but i never went.

in 2012 i did islamic marriage ( Not Recognisable in UK LAW) with an British citizen girl she had one daughter before with her ex husband now after an year we have another baby born.

Now my solicitor told me to apply for parent as child because she (My partner) is on benefit claiming public funds but we are living together only from one year.

1.We living together and i am on overstay can i apply for parent as child when me and my partner living together ? Because it says you have to be sole carer.


2. My Partner is claiming Public funds are they gonna refuse my visa on that basis ? or would they consider my father of the child and also my wife born with Genetic disease she can't cope with out me to look after kids ?

Awaiting for your kind replies.

Thanks

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