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overstayer depressed about married application

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Marriage | Unmarried Partners | Fiancé | Ancestry

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badboyz
Junior Member
Posts: 65
Joined: Tue Apr 26, 2005 5:51 pm
Location: UK

overstayer depressed about married application

Post by badboyz » Tue Apr 26, 2005 6:00 pm

Anyone know if the Ho still offer extension on married application for people who have overstayed.

i have overstayed for almost 7 years but with my wife for 4.5 years, married almost 2 years know sent my application aug 2004 and had only letters they receieved my application.

has anyone gotten through in similair situation.
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journey
Newbie
Posts: 49
Joined: Tue Nov 09, 2004 2:56 pm

Post by journey » Fri Apr 29, 2005 7:23 pm

If you want to avoid hussel in receiving decision from HO, which might take 3-5 years, it is strongly adviced to withdraw your marriage application from HO and go back to your home country to apply spouse settlement visa from there.

If you have proper & strong presentation then decision on your application may take 2-3 weeks depending upon waiting time.

Don't waste your time in the UK for HO decision.... it will not be favourable being overstayer...
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badboyz
Junior Member
Posts: 65
Joined: Tue Apr 26, 2005 5:51 pm
Location: UK

Post by badboyz » Fri Apr 29, 2005 8:40 pm

yes but there is a concession for overstayers called DP3/96 for anyone which has a marriage for over two years or common law relationship will get a spouse visa.
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journey
Newbie
Posts: 49
Joined: Tue Nov 09, 2004 2:56 pm

Post by journey » Fri Apr 29, 2005 9:30 pm

yes but there is a concession for overstayers called DP3/96 for anyone which has a marriage for over two years or common law relationship will get a spouse visa.

Only if you would have married 2 years before becoming overstayer or illegal.

I have been through that why I suggested to go back and apply from your home country.
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badboyz
Junior Member
Posts: 65
Joined: Tue Apr 26, 2005 5:51 pm
Location: UK

Post by badboyz » Sat Apr 30, 2005 8:55 am

the policy says:
The Secretary of State has laid down guidelines for dealing with marriage applications from overstayers (a document commonly referred to as DP3/96). These guidelines state that it will normally be appropriate to consider granting leave to remain, exceptionally, on the basis of a marriage if the Secretary of State is satisfied that:

i. the marriage is genuine and subsisting; and

ii. that it pre-dates the service of an enforcement notice by at least two years; and

iii. that it is unreasonable to expect the settled spouse to accompany his/her spouse on removal

Tell me a little bit about your story.

Look at this case
http://www.bailii.org/cgi-bin/markup.cg ... method=all
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Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Sat Apr 30, 2005 10:07 am

I think better send Kayalami a 'PM' for guidance on this one
Where there is a will there is a way.
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