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Help Please ARE OVERSTAYERS BEING REFUSED spouse VISAS NOW?

General UK immigration & work permits; don't post job search or family related topics!

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sally12345
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Posts: 228
Joined: Wed Sep 19, 2007 11:37 pm
Location: london

Post by sally12345 » Sat Nov 17, 2007 10:17 pm

sally12345 wrote:
SYH wrote:
sally12345 wrote:

I am not about to tell my life on this post! but in short we wanted to get married back in 2004 but my mum had a stoke and that prevented things of course! and then in 2005 you had the COA and of course we could not get married. And overstayers don’t rush to get married for a visa!
Well I don't want to know the details and I am sure there could be extenuating circumstances but it is what it is and you really can't complain if those are the rules, you just have to play the game
well that’s not our plan our pan is to be strong and love each other fight the case, and work hard! my partner has GNVQ NVQ AND city and Guilds etc all this was done whilst legal! the degree he is doing now as that was his wish to educate himself. So what?

what must he do sit down and do nothing or commit senseless crimes! or work hard to achieve a better life! I do understand your point and thank you but life is hard as a overstayer and everyone has, there reasons for such actions. I just wish I can turn back the clock but we cant so we move on and try and fight. We the strength I receive from God all will be ok.

I might add I am not taking anything away from you nor is my partner he dont claim or abuse the system! Well actually you have just not maybe to the point others have

In any case, I am not directing the point just at you specifically so you need not get overexcited by my point of view. Its just my observation that people all sudden feel the need to legitimize themselves after they get married or when they are ready to get married.
You kind of missed the point of what I was saying. I don't mean people get married in order to legitimize their status. Its just too late to think oh I want to be legal just at the point you want to get married. You waited too long to get your act together which is really what I am going with that observation.
You sound nice enough so I really don't have anything against you or think any less of you than others
Thank you I must have misunderstood your point. My worry is what to do now! not what we should have done.. as that’s over and done with now! there is nothing we can do to turn back the clock. I am sure you would agree!

As I said before I wont go into detail about my case as that’s personal But what I will say is I will fight the case and go to court if I have to.

I don’t think that you have a personal attack on every overstayer your are stating your point and you are free to do so.

As I keep saying I just want to make things right for my family, I cant say anymore than I just want to live life, The right way and not having to watch our backs for years and years![/quote]

oh your comment!!!!!! SO WHAT! my point is he is not just sitting on his arse! or trying to abuse the system in order to get pubic funds and free Health care and so on he is trying to make something of his self! that’s what! that I think is really good from a person who does not have such education prospects in their homeland

sally12345
Member
Posts: 228
Joined: Wed Sep 19, 2007 11:37 pm
Location: london

Post by sally12345 » Sat Nov 17, 2007 10:18 pm

SYH wrote:
sally12345 wrote:

I am not about to tell my life on this post! but in short we wanted to get married back in 2004 but my mum had a stoke and that prevented things of course! and then in 2005 you had the COA and of course we could not get married. And overstayers don’t rush to get married for a visa!
Well I don't want to know the details and I am sure there could be extenuating circumstances but it is what it is and you really can't complain if those are the rules, you just have to play the game
well that’s not our plan our pan is to be strong and love each other fight the case, and work hard! my partner has GNVQ NVQ AND city and Guilds etc all this was done whilst legal! the degree he is doing now as that was his wish to educate himself. So what?

what must he do sit down and do nothing or commit senseless crimes! or work hard to achieve a better life! I do understand your point and thank you but life is hard as a overstayer and everyone has, there reasons for such actions. I just wish I can turn back the clock but we cant so we move on and try and fight. We the strength I receive from God all will be ok.

I might add I am not taking anything away from you nor is my partner he dont claim or abuse the system! Well actually you have just not maybe to the point others have

In any case, I am not directing the point just at you specifically so you need not get overexcited by my point of view. Its just my observation that people all sudden feel the need to legitimize themselves after they get married or when they are ready to get married.
You kind of missed the point of what I was saying. I don't mean people get married in order to legitimize their status. Its just too late to think oh I want to be legal just at the point you want to get married. You waited too long to get your act together which is really what I am going with that observation.
You sound nice enough so I really don't have anything against you or think any less of you than others
[/quote]

Please don’t get me wrong I mean no disrespect to you thanks :D

vin123
Member of Standing
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Post by vin123 » Sun Nov 18, 2007 12:07 am

Once again, I suggest you read my post over again, may be you did not understand what I meant by "soul traders"
OL7MAX wrote:
You trying to generalise my comments where there could be even a criminal aspect in abusing immigration system. My comments are not aimed one section or at a separate section or "such" communities who need support in general. I
Er, when you say you'll be surprised if anyone overstayed unknowingly you are generalising. You are suggesting that everyone who overstayed did so knowingly.

If your comments are aimed at one section then don't look ignorant by wording it to look like it covers everybody. Which you keep doing again and again. Which you did with your assertion about all overstayers getting married to help their case.

When you have even a vague idea of what generalising means feel free to come back and attempt to give us all lessons in it.

vin123
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Post by vin123 » Sun Nov 18, 2007 12:10 am

Now a days it is very difficult to get a legit job for an overstayer, where the employer paying tax and NI.
paulp wrote: I'm sure many overstayers pay their taxes. But there are also a lot of overstayers in the black economy who don't pay taxes.

vin123
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Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Sun Nov 18, 2007 12:19 am

sally12345 wrote: What people fail to realise is that overstayers are humans! For god sake! Not all overstayers intentionally do so to then marry to then get there visa’s what’s sense would there be in that?
Again, I can only sympathise with you sally12345 and I sincerely wish you would be able to sort out your situation asap.

But I can guess what answer you would give to someone if he/she comes and asks you "does it makes sense to overstay?"

Fact of the matter, as far I see it is, an overstayers life is an ongoing trail -it begins just like pretending not knowing the consequence of having s*x without protection, and then facing those people with grudge when they speak about protection. And yes, we all are human so we have every right to deserve it in the way we want not the way they want.

paulp
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Post by paulp » Sun Nov 18, 2007 9:01 am

vin123 wrote:Now a days it is very difficult to get a legit job for an overstayer, where the employer paying tax and NI.
Sure, the unlimited fines have made honest employers check the status of their employees more rigorously. The employers who have not and will never pay tax nor NI will continue as they have always done. Those are part of the black economy that I was talking about.

sally12345
Member
Posts: 228
Joined: Wed Sep 19, 2007 11:37 pm
Location: london

Post by sally12345 » Sun Nov 18, 2007 9:46 am

vin123 wrote:
sally12345 wrote: What people fail to realise is that overstayers are humans! For god sake! Not all overstayers intentionally do so to then marry to then get there visa’s what’s sense would there be in that?
Again, I can only sympathise with you sally12345 and I sincerely wish you would be able to sort out your situation asap.

But I can guess what answer you would give to someone if he/she comes and asks you "does it makes sense to overstay?"

Fact of the matter, as far I see it is, an overstayers life is an ongoing trail -it begins just like pretending not knowing the consequence of having s*x without protection, and then facing those people with grudge when they speak about protection. And yes, we all are human so we have every right to deserve it in the way we want not the way they want.
Thank you vin123, for your kind words. I am sure with good legal help I will get through this I feel that I have a very very strong case here. I believe we satisfy the ECO officers with finance, accommodation, employment, we can prove our marriage was not of convenience etc. The only thing that will cause a problem is the fact that he overstayer! that’s my real issue here.!

But then on that note people who have overstayed years and have criminal records come back after returning home on a spouse visa so there is hope. “God only gives a person what they can handleâ€

OL7MAX
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Joined: Mon Feb 27, 2006 6:22 pm

Post by OL7MAX » Sun Nov 18, 2007 9:51 am

Once again, I suggest you read my post over again, may be you did not understand what I meant by "soul traders"
I've had another read of your post and it seems even more silly now.

It doesn't matter what your confused mind means by the terms "soul trader". Your claim was that nobody could overstay unknowingly. You are obviously wrong there. Poor English skills doesn't excuse your inability to admit that.

Sally, I hear what you are saying about people with criminal records being let back in, and I'm reluctant to add any more negativity, but please remember that they were let in before the reported cases of ECOs turning people down purely on overstay reasons. Overstay without criminal record does not necessarily give you a better chance than overstay with criminal record if the main refusal for entry is the overstay.

sally12345
Member
Posts: 228
Joined: Wed Sep 19, 2007 11:37 pm
Location: london

Post by sally12345 » Sun Nov 18, 2007 10:41 am

OL7MAX wrote:
Once again, I suggest you read my post over again, may be you did not understand what I meant by "soul traders"
I've had another read of your post and it seems even more silly now.

It doesn't matter what your confused mind means by the terms "soul trader". Your claim was that nobody could overstay unknowingly. You are obviously wrong there. Poor English skills doesn't excuse your inability to admit that.

Sally, I hear what you are saying about people with criminal records being let back in, and I'm reluctant to add any more negativity, but please remember that they were let in before the reported cases of ECOs turning people down purely on overstay reasons. Overstay without criminal record does not necessarily give you a better chance than overstay with criminal record if the main refusal for entry is the overstay.

I understand your point thankyou. You have to keep fighting if you claim to love a person why would I give up? there are far more worse crimes out there that the Home Office need to look at rather than one person wh has overstayed. Yes we know he broke the law we know this!!!!!!!!!!!!

are you saying that my partner could never return? I heard a case just the other day about a guy who had overstayed and had beat up his wife etc and then he went back home and then came back in! its just luck.......
Ihave faith and thats that really!

Thankyou for your input!

vin123
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Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Sun Nov 18, 2007 2:25 pm

I can now guess the contempt, when you resort to pointing out language skills rather than making an attempt to discuss. Fair enough.

And Oh yes! I'm a born literate with a Ph.d in English, so kindly excuse :-) and Cheer up.

This is my theory, as long as overstaying is not a legal right:
A human being with average IQ and basic literacy in english will need to know the meaning of "visa expiry & validity, purpose of visit" and keep up with english calendar dates as long as he/she keeps a sounds state and healthy mind throughout the duration of stay in UK.

PS: If you dislike something, don't always try to think that you have to hate it when someone talks about it !
OL7MAX wrote:I've had another read of your post and it seems even more silly now.

It doesn't matter what your confused mind means by the terms "soul trader". Your claim was that nobody could overstay unknowingly. You are obviously wrong there. Poor English skills doesn't excuse your inability to admit that.

OL7MAX
Member of Standing
Posts: 466
Joined: Mon Feb 27, 2006 6:22 pm

Post by OL7MAX » Sun Nov 18, 2007 6:14 pm

as long as he/she keeps a sounds state and healthy mind throughout the duration of stay in UK
What if he doesn't? What if he is in a coma? According to your position nobody can overstay unknowingly. There is only one meaning for "nobody", check it out ;)

vin123
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Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Sun Nov 18, 2007 10:51 pm

You mean to say, that is why we have a govt here "unknowingly" spending billions of tax payers money which includes NHS "supporting" extended community care to those zillion overstayers wishing to remain in "coma", a state created by none other than themselves ?

I think you are arguing just for the sake of it ?. Everyones case is different OL7MAX, I know, and I certainly understand how painful it is for someone in this situation estranged from kids and family, but I honestly do not want neither ZERO nor 100 percent tolerance in this matter.

Most important thing is, at least these cases or examples posted should help someone contemplating 'over' overstay for their better tomorrow in the UK... Thats my point. Peace. Over and out.
OL7MAX wrote:What if he doesn't? What if he is in a coma? According to your position nobody can overstay unknowingly. There is only one meaning for "nobody", check it out ;)

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Mon Nov 19, 2007 1:24 am

[quote="linzm"]
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?
quote]

It's very hard indeed, unless the person is from a country so unpleasant that they can't return, or unless the Home Office has itself caused such a delay in considering an application that an Article 8 private and family life has established itself.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

ccocolese
Newly Registered
Posts: 3
Joined: Fri Nov 23, 2007 1:15 am

Post by ccocolese » Wed Dec 19, 2007 10:28 pm

Interesting thread!

I know there is no clear cut answer to my question, however........

Would it affect an application if someone had overstayed in another country, and was submtting a visa application to the UK?

Obviously I know it will be an issue, but will it be looked on in the same way as if they had overstayed in the UK??

Thanks in advance

archigabe
Moderator
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Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Thu Dec 20, 2007 12:41 am

vin123 wrote:And Oh yes! I'm a born literate with a Ph.d in English, so kindly excuse :-) and Cheer up
Interesting thread with quite a puzzling statement there :?

On a more serious note,
if people who've had their spouse's visas refused on overstaying don't mind moving for a short while to another E.U country, they could probably find it more easier to have their spouses over to said E.U country and then bring them back with them to the UK at a later stage using the 'Surinder singh' route according to E.U law and not national law. You could probably enrol for a short course as a student in another E.U country and sponsor your spouse. I wouldn't suggest moving to Ireland though, as things are really chaotic around here!
'sally12345' if you feel your husband deserves a second chance, I would urge you to not give up and have faith in God's provision for your future wherever it may be.

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