Help Please ARE OVERSTAYERS BEING REFUSED spouse VISAS NOW?

[missbenz5474]

Hi yes he got removed he was at a house with a few other overstayers and immigration did a raid.Immigration took him and he was removed and sent back to Jamaica within a couple of days.He has no criminal record at all.So they refused him because they removed him and because he worked whilst he was here.I looked on the ladys website and she does not take on legal aid work but thanxkyou so much for trying to help me out

[aniya]

Hi Aniya - I've not heard of a refusal for this reason from Hong Kong, no.

I don't think looking for a job in HK will help - a spouse visa is a settlement visa, so looking for a job there might indicate you don't intend to make the UK your main home.

thankx Amanda..and everyone..
i get what u mean Amanda...i do intend to make Uk my main home with my husband..but thing which is stressing me coz my husband is just worried i'll answer the questions wrong....
i dont have any close relative in HK ...only my uncle and his family is there..and the worst thing is they don't know about me being married...only my mom n brother knows about this....
so now the things is if the ECO asks me what am i going to do if they refuse me...but plan B is only that i will be staying with my friend...
...i just dont know what is the best way round to answer this question ..
i just dont want to them to think my marriage aint genuine because none of my family apart from my mom n brother knws...
its just question marks going round my head...help

[avjones]

I'm not convinced you can get legal aid for entry from aboard cases?

[aniya]

sorry amanda...for 1 sec i thought that answer was to my question..but then i realised its not...
is there any suggestion...
sorry if i am confusing everyone and Amanda..its jsut that im confused myself...

[sally12345]

Hi yes he got removed he was at a house with a few other overstayers and immigration did a raid.Immigration took him and he was removed and sent back to Jamaica within a couple of days.He has no criminal record at all.So they refused him because they removed him and because he worked whilst he was here.I looked on the ladys website and she does not take on legal aid work but thanxkyou so much for trying to help me out

Sorry to hear that I thought that she would take Legal Aid cases! where does it leave you now? have you looked around? whats going on with your case? I hope that help comes your way soon. Stay Strong and keep up the good work. You are trying and that is the main thing!

[VictoriaS]

Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. All I can think to fight on is Human Rights, but this is usually flimsy. This is going to be a MAJOR problem, as I think, unfortunately, that refusals on this basis while unfair are not contrary to law. Perhaps at JR there is a case, but not at appeal stage.

I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.

Victoria

[yankeegirl]

That really sucks:(

[clairey]

That's really awful. I'm so thankful my husband's case got through before all of these changes - we'd have fallen down on this and the fact that when we applied for his fiance visa I was living with my Mum and Dad. I really feel for the people affected by this.

[sally12345]

Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. All I can think to fight on is Human Rights, but this is usually flimsy. This is going to be a MAJOR problem, as I think, unfortunately, that refusals on this basis while unfair are not contrary to law. Perhaps at JR there is a case, but not at appeal stage.

I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.

Victoria

What are overstayers meant to do? this is really shocking and I am left breathless.. im so tired.......

[linzm]

Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. All I can think to fight on is Human Rights, but this is usually flimsy. This is going to be a MAJOR problem, as I think, unfortunately, that refusals on this basis while unfair are not contrary to law. Perhaps at JR there is a case, but not at appeal stage.

I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.

Victoria

Hi, can I ask if you know of many successful in country applications for spouse/fiance visas?

Any tips on how to make a successful in country application?

Thanks
Lindsay

[VictoriaS]

Hi, can I ask if you know of many successful in country applications for spouse/fiance visas?

Any tips on how to make a successful in country application?

Thanks
Lindsay

I haven't known a successful in country switch from illegal to spouse in about 18 months, since DP3/96 stopped being worth the paper it is written on.

I know, I'm not helping. This is a nightmare.


Victoria

[Docterror]

Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. ....
I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.

Victoria

This is indeed a very sad turn of late. Overstayers usually used to be stuck between a rock and a hard place. Now, it seems, they have no choice but hell.

[Wanderer]

Further to this thread, I am seeing refusals on this basis every day now, and they are coming thick and fast. ....
I am advising clients to make in country applications rather than going home. They will probably fail as well, but I can't think what else to do.

Victoria

This is indeed a very sad turn of late. Overstayers usually used to be stuck between a rock and a hard place. Now, it seems, they have no choice but hell.

Why is it sad? Special rules aren't fair for those of us who abide by the rules. At great expense in our case I might add!

Whilst I do sympathise with anyone in this very difficult situation sometimes there is only one outcome, and that's to pay the price for breaking the law.

[VictoriaS]

I am sorry but I disagree. We are talking about seperating families here, many with children involved. What harm does it do to let these people be together? None! In fact, this action is counter productive, as it will simply encourage people to stay here illegally instead of going home to get regularised, and then coming back legally, and possibly working and contributing to the economy. The government are forcing a large number of UK national children to be brought up without knoing one of their parents, and it is despicable. In some cases, people have been together for ten years and are being refused. In other cases, they have only overstayed by a matter of a few months. There is no need for the government to be so harsh, and it is purely evil of them to do this.

Victoria

[Docterror]

Wanderer, I also happen to believe in redemption. Eternal rejections of applications for overstaying doesnot happen to have a proportionality that fits the crime IMHO.

It is like giving someone 5 or 10 years for smoking a joint or jaywalking or driving above speed limit etc, all of which are also "crimes"!

[Wanderer]

What harm does it do to let these people be together? None! In fact, this action is counter productive, as it will simply encourage people to stay here illegally instead of going home to get regularised, and then coming back legally, and possibly working and contributing to the economy.

It would also encourage others to try the same - come to UK as a illegal/overstay whatever, doesn't matter cos UK will let u stay anyway.

Anyway, if it was me in charge of immigration, I would agree with you, if a family life has been 'built' I would exercise discretion, maybe on a one-strike-and-out basis. But still at the back of my mind would be the fact someone has cheated and won.

I suppose I have two opinions on this, I know it's easy for me to say 'go home overstayer' on a faceless forum like this but not so when u realise it's real people involved.

[MikeKorea]

Some might argue for punishment, but this policy shift means means, as a British citizen, I am now effectively being prevented from returning to live in my own country. As it effects me, I would suggest that the result of this policy shift is wholly disproportionate to the effect of the original infraction.

[VictoriaS]

Absolutely. I had a client a few months ago (luckily before this new ruling for overstayers) which, if refused, would have given my client the choice between staying in the UK with his elderly parents who had no one else to look after them, or being with his wife in Brazil. To give a UK national that choice to make is simply wrong.

Victoria

[OL7MAX]

sometimes there is only one outcome, and that's to pay the price for breaking the law.

There we go again! How come some of the more experienced members here still confuse the terms "overstayer" and "illegal immigrant" with someone who has broken the law! It's political spin to get people like you worked up.

[Wanderer]

sometimes there is only one outcome, and that's to pay the price for breaking the law.

There we go again! How come some of the more experienced members here still confuse the terms "overstayer" and "illegal immigrant" with someone who has broken the law! It's political spin to get people like you worked up.

I thought it was an offence to knowlingly overstay, from this board:

OEM Section B, Chapter 10 - Persons liable to administrative removal under section 10 (10.2 Criminal offences):

In addition, it is an offence under section 24(1)(b ) of the 1971 Act for a person to knowingly overstay or otherwise knowingly fail to observe a condition of leave.

I might be an experienced member but that's it! I always get it wrong! Ask me about LDAP tho and I'm you man.

[VictoriaS]

Of course it is an offence, but in the old days each situation was considered on a case by case basis, and that was right.

Victoria

[Docterror]

How come some of the more experienced members here still confuse the terms "overstayer" and "illegal immigrant" with someone who has broken the law!

Are you suggesting that neither of them has broken the law?

[OL7MAX]

I thought it was an offence to knowlingly overstay

And it is. Docterror's comment that you were replying to was about overstayers in general, and not any particular case. The "knowingly overstayed" would be just one type of overstayer/illegal immigrant, albeit a sizeable chunk. Not all overstayers/"illegal immigrants" have broken the law.

Are you suggesting that neither of them has broken the law?

For many years I was an "illegal immigrant" who had never broken UK law. I didn't want to live here, I didn't want to apply for stay, I just wanted to get out but I couldn't. It's a long story but you can read my first ever post if you're that keen. Think I'm a one-off? No. There are a lot of ways you can become "undocumented" without doing anything illegal.

[Docterror]

For many years I was an "illegal immigrant" who had never broken UK law.

The right way to state it is "For many years I was an "illegal immigrant" who had never broken any other UK law. "

While there are many ways I can think of in which one can become illegal, I will have a hard time believing that, that particular group is in majority. When the term is used, I do not have the blanket assumption that all broke the law, but rather the deliberate overstayers and illegal entrants that is being targetted.

[OL7MAX]

I was an "illegal immigrant" who had never broken any other UK law

You can choose to read it how you want. There was no law I broke. You're welcome to try and find one, the Home Office couldn't.

When the term is used, I do not have the blanket assumption that all broke the law

Just me, LOL? Your position can be either that people can become "illegal immigrants" without breaking the law or that they can't. You can't sit on the fence with both ears to the ground.