Overstaying spouse

breanna · Post by **breanna** » Mon Aug 04, 2008 3:30 pm

I would really need some urgent advise. I have been in the UK from 2002 and is an overstayer from 2007. I was initially given 6 months as a visitor and before it expires I applied for a student visa which was refused in 2007. I have been married since January 2008 with 2 kids born in 2006 (died) and 2007. Both is for my husband. I think I am pregnant again. I have been hearing about the 1st October banned and I am really worried and scared. I am originally from Jamaica. I have been seeking immigration advise but they seem a bit conflicting and confusing. Some are saying an in country application cannot be made because it will be denied and some are saying because I am here already its best to put through the in country application ASAP. I have even spoken to my MP and he has written to the Home Office and is awaiting reply as to what is the best option but time is running out and it has been more than 2 months without any response. I cannot return home because my ex and her sister has threatened to kill me. I have already reported this to the police here with proof of the texts that were sent but they said nothing can be done because it is an overseas threat. Will someone please advise me on what to do. Thanks in advance.

atenolol · Post by **atenolol** » Mon Aug 04, 2008 4:05 pm

What nationality does your husband have? If he is British then then best option is to go and apply from Jamaica.

sally12345 · Post by **sally12345** » Mon Aug 04, 2008 4:19 pm

Hi I am sorry to hear of your lost! i.e Child

I would like to say that the best route is for you to back to JA I know that it be a hard thing to do but that looks like the only way that things will get sorted and fast! my partner is going back after overstaying.

I would say that make sure that you have a really good case that can help you back up what you are saying and you should be ok. However you can appeal the ECO if you get refused also thats the quick route I would say... good luck

breanna · Post by **breanna** » Mon Aug 04, 2008 6:02 pm

atenolol wrote:What nationality does your husband have? If he is British then then best option is to go and apply from Jamaica.

He is Jamaican also but he has his indefinate leave to remain for over 6 years. We have been friends for approximately 3 years. If I should return to Jamaica I would have to take our son with us and what happens if I should be there for a long time and he is only given 6 months or less to remain in Jamaica? I cannot leave him with my husband because he has to work to maintain us.

sakura · Post by **sakura** » Mon Aug 04, 2008 10:14 pm

breanna wrote:
atenolol wrote:What nationality does your husband have? If he is British then then best option is to go and apply from Jamaica.
He is Jamaican also but he has his indefinate leave to remain for over 6 years. We have been friends for approximately 3 years. If I should return to Jamaica I would have to take our son with us and what happens if I should be there for a long time and he is only given 6 months or less to remain in Jamaica? I cannot leave him with my husband because he has to work to maintain us.

Why has your husband not applied for British citizenship? It might help your application....Your son...is he also a British citizen (because he should be)?? If not, do make sure you register him and obtain a British passport. He is also probably a Jamaican citizen, so get a passport for him before travelling to Jamaica (as he will need to enter on that passport, I suspect).

I think the best course would be to return home and apply for a spouse visa, before October. Collect as many documents as possible, and ensure you tell the truth (i.e. don't lie about your overstaying). Search the board for successful cases (Lady K and Parigi), and you will see that it is not impossible.

Your husband should submit his application for naturalisation asap.

breanna · Post by **breanna** » Tue Aug 05, 2008 1:01 pm

He will be applying as soon as mine is sorted. He has already done his test and passed. My son has already received his British passport so thats the reason I am worried if I should go back before October and get stuck down there. Jamaica will be accepting him as a visitor because he has the British passport. I heard that the Kingston embassy are being very difficult in issuing visas and are refusing most applicants, even my solicitor confirms it.

breanna · Post by **breanna** » Tue Sep 16, 2008 10:54 am

Can someone please help me? I have submitted my application and received a reply that my case has been passed on to a caseworker. We had to make an in-country application because I am pregnant and my husband wants to be there for the delivery. My question is the Home Office has not returned my husband passport and he needs it to send for his naturalisation application. Can anyone say how long does it take them to return his passport and how can I go about to request the return or copy of his passport?

Wanderer · Post by **Wanderer** » Tue Sep 16, 2008 11:53 am

breanna wrote:Can someone please help me? I have submitted my application and received a reply that my case has been passed on to a caseworker. We had to make an in-country application because I am pregnant and my husband wants to be there for the delivery. My question is the Home Office has not returned my husband passport and he needs it to send for his naturalisation application. Can anyone say how long does it take them to return his passport and how can I go about to request the return or copy of his passport?

I'm not sure being pregnant etc will be looked on by the HO as a valid reason for an in-country app....

jei2 · Post by **jei2** » Tue Sep 16, 2008 11:56 am

You can simply write and request your husband's passport back. Sometimes it's returned without requesting.

Did you include evidence about the threats made against you? Is there anyone else who could corrobate this? If so make sure that it's sent in to help strengthen your in-country application.

breanna · Post by **breanna** » Tue Jun 16, 2009 10:34 pm

breanna wrote:I would really need some urgent advise. I have been in the UK from 2002 and is an overstayer from 2007. I was initially given 6 months as a visitor and before it expires I applied for a student visa which was refused in 2007. I have been married since January 2008 with 2 kids born in 2006 (died) and 2007. Both is for my husband. I think I am pregnant again. I have been hearing about the 1st October banned and I am really worried and scared. I am originally from Jamaica. I have been seeking immigration advise but they seem a bit conflicting and confusing. Some are saying an in country application cannot be made because it will be denied and some are saying because I am here already its best to put through the in country application ASAP. I have even spoken to my MP and he has written to the Home Office and is awaiting reply as to what is the best option but time is running out and it has been more than 2 months without any response. I cannot return home because my ex and her sister has threatened to kill me. I have already reported this to the police here with proof of the texts that were sent but they said nothing can be done because it is an overseas threat. Will someone please advise me on what to do. Thanks in advance.

I have just got back an answer from the home office re the above case and was told that my case has been passed to the Liverpool Charged Casework Team 4 . It also says that they don't know when a decision will be made but the target to clear all cases in its cohort by July 2010. Has anyone received anything like this so far?

chibage · Post by **chibage** » Wed Jun 17, 2009 10:48 am

HI I applied in Jan 08 as an overstaying spouse. I have the same letter saying my case will be dealt with by July 2010. Mine is with LCC2. On the other forum board there are quite a few members with similar letters, some have December 2009 as the deadline and some Feb 2010 so i guess it all depends on when one applied. Also, check your private messages.

Shanda · Post by **Shanda** » Wed Oct 28, 2009 4:55 pm

Hi. I also received the same letter in June 2009 which says Liverpool Charged Casework has a target to clear all cases in its cohort by July 2010. I am an overstayer and married my British husband in April and applied the spouse visa in June 2008.

I suppose we just have to wait until July 2009.

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