Spouse visa and chances of success

[Rianae]

Hi. Thanks in advance for any help.

My husband came in 1999. He overstayed on his visa for about 4 years, it was a 6 month visa. I met him and we got married (you didn't need a CoA then) but I was an asylum seeker. I have been granted British citizenship along with my 3 daughters in Nov 2007. My husband is the biological father of my youngest who is four.

He returned back to Pakistan in 2005 undetected by immigration. When we applied for him to come back his spouse visa got denied because they said our marriage wasn't valid because I was an asylum seeker and he was an overstayer. We lost the appeal first time but the second time we won maybe because my status has changed. As I understand it my husband can re-apply however I have a few questions.

I am on benefits, but I have heard that you can still call over your spouse even if you are on benefits, is that true?

My husband previously overstayed, will the new rules apply to him because he returned back home over 3 years ago.

He also worked here while he was here, obviously illegally.

The Home Office know about the overstay and working illegally.

What are the likely chances of success?


EDIT: overstayed for more than 28 days (or any period if they left at public expense- including through an Assisted Voluntary Return or similar programme)

Can someone tell me if that is all one rule, my husband overstayed more than 28 days but returned by his own expense? Does this count against him?

[John]

We lost the appeal first time but the second time we won maybe because my status has changed. As I understand it my husband can re-apply however I have a few questions.

So he has won the appeal? If so what application needs to be made? Doesn't he just need to wait for the visa to be issued?

[Rianae]

So he doesn't need to re-apply?

It was rejected because they didn't think our marriage was genuine. Now they have recognised the marriage. I assumed that we had to re-apply because our circumstances were different when we first made the application to now.

In that case how long will it take for the BHC to issue hime with the visa.

TYVMfor your reply!

[John]

It was rejected because they didn't think our marriage was genuine. Now they have recognised the marriage.

Who are "they"? Is that at an appeal hearing in the UK? Or UK Court? If not, who are "they"?

[Rianae]

Well the BHC in Pakistan when my husband was called in for an interview. Then he had an appeal hearing in the UK, where the judge agreed with the first decision (not recognising the marriage) and this last time again in the UK the judge recognised the marriage so the appeal was won.

[John]

Well then I think that no new application is required. You just have to wait for the BHC to issue the visa! But how long ago was the Judge's decision, to allow the appeal?

[Rianae]

11th April 2008.

[John]

OK, by now you should have heard if the Home Office is going to appeal further, so probably, no news is good news.

I think give them another week and if still no action on the issue of the visa, I think you should start chasing.