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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Are you in fact an overstayer? If your first husband remained in the UK as a qualified person (e.g. a worker until you left the UK, which was before the decree absolute finalised the divorce, then by the Diatta judgement you were lawfully resident in the UK as a family member of your first husband!abraCadabra wrote: ↑Thu Aug 02, 2018 2:20 amDo you think I can be refused as overstayer? I will die if this happens, and my husband will be devastated tooWhat can you advise?
I am a visa national and I cannot travel without a FP. I know for sure that my first husband came back to his country at some point, I just don't know the exact date, but it was some time in 2014 as I understood. What should I write in my cover letter about that? For them I am an overstayer... SO you're saying they would refuse as "marriage of convenience"? That would kill me, honestly. We have chat history only since I left UK, because before that we were living together and communicated by phone. We have changed handsets since 2014, so I don't have phone records dating back to 2014. The proof I have of living together is bank statements for the same address. I am also thinking to provide a statement from a friend who knows us both, confirming that we've been together since 2014... As I said, I feel so responsible for my second husband now, he is such a wonderful person and he never went through all this visa nightmare previously and that's why I want to do all I can to spare him from being upset because of refusalRichard W wrote: ↑Thu Aug 02, 2018 9:16 pmAre you in fact an overstayer? If your first husband remained in the UK as a qualified person (e.g. a worker until you left the UK, which was before the decree absolute finalised the divorce, then by the Diatta judgement you were lawfully resident in the UK as a family member of your first husband!abraCadabra wrote: ↑Thu Aug 02, 2018 2:20 amDo you think I can be refused as overstayer? I will die if this happens, and my husband will be devastated tooWhat can you advise?
You cannot be refused as an overstayer, even if you were.
Purely on the timelines of residence and marital status, the case worker may suspect that your second marriage is one of convenience. I therefore recommend that you provide evidence that your relationship with your second husband goes back to October 2014.
Are you a visa national? If not, you should consider not waiting for a family permit but just travelling to the UK and attempting to enter on an EEA Regulations stamp. Your husband should travel with you or make sure he is at the airport to meet you, though this isn't a legal necessity. Being in mobile phone contact would be good.
Thank you for your replyRichard W wrote: ↑Thu Aug 02, 2018 9:16 pm
Are you in fact an overstayer? If your first husband remained in the UK as a qualified person (e.g. a worker until you left the UK, which was before the decree absolute finalised the divorce, then by the Diatta judgement you were lawfully resident in the UK as a family member of your first husband!
You cannot be refused as an overstayer, even if you were.
Purely on the timelines of residence and marital status, the case worker may suspect that your second marriage is one of convenience. I therefore recommend that you provide evidence that your relationship with your second husband goes back to October 2014.
That should be sufficient. The point is to show that your marriage is not one of convenience; that you haven't just married your husband so as to live in the UK.abraCadabra wrote: ↑Fri Aug 03, 2018 8:46 pmI can show evidence from 2016 as he was supporting me financially. But for 2014-2015 I don't have hard evidence, at the moment I can only think of our common friends' testimonies.
Richard W wrote: ↑Sat Aug 04, 2018 10:07 pmThat should be sufficient. The point is to show that your marriage is not one of convenience; that you haven't just married your husband so as to live in the UK.abraCadabra wrote: ↑Fri Aug 03, 2018 8:46 pmI can show evidence from 2016 as he was supporting me financially. But for 2014-2015 I don't have hard evidence, at the moment I can only think of our common friends' testimonies.