Partners Visa Expired

Londoni · Post by **Londoni** » Tue Jul 22, 2008 1:28 pm

Hi...

My partners visa has been expired for about a year now and we want to apply for ILR / settlement.

what should we do? what would happen? or what would be the outcome be?

should we apply to the home office ? what should we tell them?

Basically, we locked up all our travel documents in a safe place, thought theres enough time and we didnt look at them till now.

help!

Wanderer · Post by **Wanderer** » Tue Jul 22, 2008 2:07 pm

You'll need to apply for another FLR visa - it's possible the HO would give some leeway for a month or two but I don't think they will for 18 months so there's no option but for your partner to apply from their home country.

Although did I read the Gov had said it's unfair to ask people in this situation to return home? Search here, I read it here. Possibly it's only a proposal so I'd suggest you plan for ur partner to return home and reapply for FLR there before 1st Oct when the overstayer concession ends - then your sorted and not waiting for ifs and buts that might never happen.

Londoni · Post by **Londoni** » Tue Jul 22, 2008 3:29 pm

Would she (my wife) get deported and/or will i (the sponser orginally) get in to trouble with the law?

or will the police come looking for us?

Londoni · Post by **Londoni** » Tue Jul 22, 2008 4:07 pm

would i have goto jail or anything ?

Post by **Casa** » Wed Jul 23, 2008 4:07 pm

Unfortunately your wife would be considered an overstayer. As advised in the previous post, the safest option would be for her to return to her home country and re-apply. After the 1st October any overstayer will be automatically refused for a minimum of 1 year up to 10 years. If you meet all the other requirements for ILR your wife stands a very good chance of having the visa issued without much delay. Where is your wife's home country?

chuggletops · Post by **chuggletops** » Wed Jul 23, 2008 7:32 pm

Londoni -

Sorry to lay it right out on the line, but ...

Your wife is now liable to be removed from the UK under Section 10 of the Immigration and Asylum Act 1999.

You, personally, might be liable to prosecution under Section 25 of the Immigration Act 1971 if you do anything to assist her to remain here on the grounds that you are facilitating the commission of a breach of immigration law by an individual who is not a citizen of the European Union. I don't want to scare the pants off you too much, but the maximum penalty is 14 years.

The others are right - the safest thing is for her to go home and reapply.

Lady K · Post by **Lady K** » Wed Jul 23, 2008 7:36 pm

What is her home country?

Londoni · Post by **Londoni** » Wed Jul 23, 2008 7:50 pm

home country is in Bangladesh

Londoni · Post by **Londoni** » Wed Jul 23, 2008 7:52 pm

so, how does she return home?
when returning home will she get stopped at the passport check-point at either country and get locked up? and can i go with her?

Londoni · Post by **Londoni** » Wed Jul 23, 2008 8:16 pm

what if she throws away her passport with the visa in it? can a new one be made? or if she loses it?

chuggletops · Post by **chuggletops** » Wed Jul 23, 2008 10:23 pm

so, how does she return home?

Buy ticket. Get on plane. Go.

when returning home will she get stopped at the passport check-point at either country and get locked up?

Outbound from the UK she might get stopped, but unless she's shown as wanted on the Police National Computer it's very unlikely that she'll face anything more than a stiff talking to. Inbound to Bangaldesh - you'd have to ask the Bangladeshis, but I would think it's highly unlikely if her passport is valid.

and can i go with her?

If you've got a valid UK passport and conform to any visa requirements for Bangaldesh then the UK authorities aint gonna stop you.

what if she throws away her passport with the visa in it?

Don't go there!

can a new one be made?

Contact the nearest Bangladesh diplomatic post for that one.

or if she loses it?

Wouldn't make a h'poth of difference as the record of her expired visa still exists.

I see where your thinking might be going.
The delay in returning to Bangladesh might mean seperation for a few days/weeks.
What is that compared, potentially, to fourteen years?

Londoni · Post by **Londoni** » Thu Jul 24, 2008 7:50 pm

do the government or immigration do a individual house-to-house search? or how likely would it be for the police to come knocking the door?

Post by **John** » Thu Jul 24, 2008 10:55 pm

what if she throws away her passport with the visa in it?
Don't go there!

Totally agree .... and also it needs to be appreciated that effectively the visa is in two places .... in the passport ... and in the UKBA computer system. Throwing away the passport with the visa will achieve nothing ..... apart from adding the need to get a new passport.

And the application in Bangladesh needs to be totally truthful. Applications can be refused simply because wrong information has been supplied.

Londoni · Post by **Londoni** » Mon Jul 28, 2008 7:52 pm

do the authorities in the UK do a search for illegal immigrants in the UK (for example, of an overstayer) house-to-house?

also, if one partner has a British passport and citizenship and the other doesnt and their marriage visa has expired will the government let them stay and not thow them out of the country because they are family ?

Post by **John** » Mon Jul 28, 2008 8:29 pm

do the authorities in the UK do a search for illegal immigrants in the UK (for example, of an overstayer) house-to-house?

No they do not, but they will act on information received, and she might be stopped by accident. I am not going to search for it now but I think that there is a report on this Board of an illegal getting questioned following a minor road accident, and that led to them being removed from the country.

Your wife needs to go back to Bangladesh as soon as possible and apply for a new 2-year spouse visa. When she gets back to the UK suggest, yes, you keep her passport in a safe place, but maybe photocopy her 2-year visa and put that in a frame in a very visible place! Don't ever get yourself into this situation again! Get her to study for, and hopefully pass, the Life in the UK Citizenship test, and then apply for her ILR near the end of the new spouse visa.

Londoni · Post by **Londoni** » Tue Jul 29, 2008 8:32 pm

Thank you very much.

by they way, just wondering....anybody here work for immigration?

and is it advisable to use Citizens Advice Bureau ?

Post by **John** » Tue Jul 29, 2008 10:31 pm

by they way, just wondering....anybody here work for immigration?

To my knowledge, no, but then it would not surprise me if UKBA were looking in from time to time.

Indeed, in a sense, I hope they are looking in, given that their actions, or inactions, are causing real problems to people, and it would be good if they knew about such happenings.

Also do appreciate that a non-member ... a guest .... is allowed to read, but not post, messages .... so very easy for anyone to see what has been posted.

Londoni · Post by **Londoni** » Mon Aug 04, 2008 8:23 pm

If i go to a:

Citizens Advice Bureau

or

The Law Centre

would they be able help me in any other way?

or if i goto them, they will notify/inform the authorities like police and home office? or should i not go there because incase they do that?

sakura · Post by **sakura** » Mon Aug 04, 2008 10:04 pm

Londoni wrote:If i go to a:

Citizens Advice Bureau

or

The Law Centre

would they be able help me in any other way?

or if i goto them, they will notify/inform the authorities like police and home office? or should i not go there because incase they do that?

They are charities/legal advisors, not vigilantes looking for non-legal residents, so they won't report her.

They will probably tell you the same thing you've already been told. I know it is hard to accept, but the easiest thing would be to return home and apply for another spouse visa. There are other cases of partners or spouses who obtained another visa, despite overstaying.

You don't want to run the risk of applying after the concession, and having her banned from the UK and then going through a whole hodgpodge of appeals to overturn the ruling.

mym · Post by **mym** » Mon Aug 04, 2008 11:40 pm

Casa wrote:After the 1st October any overstayer will be automatically refused for a minimum of 1 year up to 10 years.

Just to correct the above: the automatic bans will *not* be applied to family members. You could still be banned of course, but not automatically.

Londoni · Post by **Londoni** » Tue Aug 05, 2008 7:35 pm

sakura wrote:
Londoni wrote:If i go to a:

Citizens Advice Bureau

or

The Law Centre

would they be able help me in any other way?

or if i goto them, they will notify/inform the authorities like police and home office? or should i not go there because incase they do that?
They are charities/legal advisors, not vigilantes looking for non-legal residents, so they won't report her.

They will probably tell you the same thing you've already been told. I know it is hard to accept, but the easiest thing would be to return home and apply for another spouse visa. There are other cases of partners or spouses who obtained another visa, despite overstaying.

You don't want to run the risk of applying after the concession, and having her banned from the UK and then going through a whole hodgpodge of appeals to overturn the ruling.

thank you. puts my mind to rest for a while.

even though they are not vigilantes but how likely one could act as an informant, or if the government could overide the data protection or confidentiality law or even without that?

we are looking for all options available

Londoni · Post by **Londoni** » Tue Aug 05, 2008 7:39 pm

mym wrote:
Casa wrote:After the 1st October any overstayer will be automatically refused for a minimum of 1 year up to 10 years.
Just to correct the above: the automatic bans will *not* be applied to family members. You could still be banned of course, but not automatically.

so what does it mean? she wont be banned or would the time be maybe alot less like around 1 year. (just in case)

Londoni · Post by **Londoni** » Tue Aug 05, 2008 7:41 pm

Also, i heard a few other people who were in a similar situation, they hired a lawyer, paid them about Â£400 to Â£900 (Â£400 for visa and Â£500 for their services) and they are now legal?, any light on that?

because that's one option i am thinking about, if they can do it, good. I spoke to a few (solicitors, law centre etc)they keep saying they are unsure or dont know or 'maybe'

Isn't a law centre part of the local government because it has the name of the borough before 'law centre' and there is normally only one in each borough?

Londoni · Post by **Londoni** » Tue Aug 05, 2008 7:57 pm

A question about 'No recourse to public funds'

At the moment my income is not enough to cover full expenses and i am on below Â£100 a week and get housing benefit, so its ok, and a heavy burden is lifted from my back and we are able to live. If i sent her back and re-applied would they let her come back or would they think i dont have enough?

i am thinking i might even have to go on job seekers allowance if work drys up in this job, as competition is heavy for a new job.

also i am doing cash-in-hand my employer dont give me payslips.

mym · Post by **mym** » Tue Aug 05, 2008 9:14 pm

Londoni wrote:
mym wrote:
Casa wrote:After the 1st October any overstayer will be automatically refused for a minimum of 1 year up to 10 years.
Just to correct the above: the automatic bans will *not* be applied to family members. You could still be banned of course, but not automatically.
so what does it mean? she wont be banned or would the time be maybe alot less like around 1 year. (just in case)

It means what I wrote. she could be banned, but not for one of the fixed periods automatically, regardless of circumstances.

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Partners Visa Expired

Partners Visa Expired