Overstayer back with spouse visa!!YEAH!!!

[katiepig]

Thanks all for keeping me sane and being a source of useful information.
Our case has not been easy but we have finally got there and my husband now has a bright shiny 2 year FLR visa within his grasp.

A slight downer was the attitude of the Manchester Airport Immigration officer who accused my husband of knowing exactly what he was doing when he overstayed, even repeated the accusation again before finally letting him go!!!

Our list of evidence was pretty much along the lines of Sin's list and again the agency we had to go through in Istanbul was mighty impressed.
We also included our immigration case decisions as they did say we were a married couple already.
Again though, my husband picked up his visa with no paperwork on what he is and isn’t allowed to do, ie travel, how long for and how much, should he need visa's for other countries etc etc, again this is the same thing that happened last time and how he overstayed his 2 year multi entry visa unintentionally after only 6 months!

We have also been told that maybe he should have got ILR as we have been married for over 4 years? Is this true, and if so do we contact the Home Office again?

Keep smiling and good luck to others going for spouse visas.x

[topazstar]

Wonderful to hear your news....we have been waiting 4 weeks since applied for spouse visa and fingers crossed.
Meantime, noticed your query on ILR. Yes, I am pretty sure you qualify for this. FLR gives you an extended period but ILR gives Indefinite Leave to remain. As I understand it, you can apply for this once you have been married for 2 years. You are well into this timeline.
Form is SET(M) from the Border & Immigration Authority -

http://www.ind.homeoffice.gov.uk/applyi ... tionforms/

Check out this link. I think you would need to re-apply

Guidance Notes for SET(M) also state:

"If you have not yet been given leave to enter or remain as
the spouse, civil partner, unmarried or same sex partner of a
person present and settled in the UK, you must use form
FLR(M) if you want to apply in any of these categories"

I am not sure of your history so you do need to check this out. Obviously it costs a large fee again to re-apply so, given your circumstances, you may wish to defer it. Hope this is helpful.

[John]

We have also been told that maybe he should have got ILR as we have been married for over 4 years?

You have lived together for at least 4 years outside the UK? And has he passed the Life in the UK Citizenship Test? If no to either/both of those questions, no your husband does not qualify for ILE.

Nevertheless, congratulations on the issue of the 2-year spouse visa. Just ensure that he passes the Life in the UK test before for is due to apply for the ILR in nearly 2 years time.

[Sin]

Congratulations

[magata]

katiepig, well done, I wish you happiness