Post
by Rianae » Thu May 08, 2008 9:21 pm
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?