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You do not get any appeal rights. You could have added a cover letter with the application but it is very unlikely that UKVI grants ILR with such a concession. Not being able to pass the LIUK test does not qualify as exceptional circumstances
thereale wrote: ↑Thu Oct 06, 2022 12:55 pmHi Zimba,
This as you said is a poorly planned application, it's all my fault. I know overstaying is a criminal offence immigration offence but we were never been "true" criminals no one can call you that , we did silly mistakes. We worked under tier-2, paid every penny of our tax, lived like every normal people in the UK. You might say that you are idiot or anything, you are right but it's already happened. We know we can't bring her 5 years back.
But we do not want to commit more "crime" from now so I'll have some more questions before things get worse. You advices are so much appreciated.
1- She is still in the UK with me and baby. She hasn't left yet as baby needed to apply citizenship. Should she leave the country immediately to avoid being deported or wait for the decision made?As you've made an application, wait to hear back first
2- Since she has now overstayed more than 5 months, could she get a ban from re-entering the UK? Then this means she can't re-apply for spouse visa soon.It's not that deep.
3- She was on maternity leave before the visa expiry and kept receiving maternity pay for a few month from her company after brp expired. Could this cause more issues to her?She needs to stop work immediately, as she has no valid work permit. This would be clearly evident in her HMRC records.
Again thank you for your great support.
Overstaying is not a [inditable?] criminal offence, who gave you such an idea ? Also, you cannot haggle your way out of the immigration problems. I already told you that in case of refusal, she applies under the family route using form FLR(M). She does NOT need to leave the UK at all. Immigration entry bans and other restrictions under the rules do NOT apply to people applying under family routes. She is currently an overstayer and has on the right to work ! If resued, simply apply again using form FLR(M)thereale wrote: ↑Thu Oct 06, 2022 12:55 pmHi Zimba,
This as you said is a poorly planned application, it's all my fault. I know overstaying is a criminal offence but we were never been "true" criminals, we did silly mistakes. We worked under tier-2, paid every penny of our tax, lived like every normal people in the UK. You might say that you are idiot or anything, you are right but it's already happened. We know we can't bring her 5 years back.
But we do not want to commit more "crime" from now so I'll have some more questions before things get worse. You advices are so much appreciated.
1- She is still in the UK with me and baby. She hasn't left yet as baby needed to apply citizenship. Should she leave the country immediately to avoid being deported or wait for the decision made?
2- Since she has now overstayed more than 5 months, could she get a ban from re-entering the UK? Then this means she can't re-apply for spouse visa soon.
3- She was on maternity leave before the visa expiry and kept receiving maternity pay for a few month from her company after brp expired. Could this cause more issues to her?
Again thank you for your great support.
Technically yes but practically no. No one is prosecuted for simply overstaying (has it ever happened??) hence no crime has been proven to have occurred, so the matter of technicality is of less importance here. NABA also does not change this as far as I see
Why not wait to hear from the HO first before you make such an irreversible and irrational decision (to leave the UK). Naturally, such an issue would be a punch in the gut.thereale wrote: ↑Mon Nov 07, 2022 3:00 pmDear forum members,
We are still waiting for the decision. We know her current application will be refused.
I am in a complicated situation now; I need your valuable advice and let me explain here.
My wife is very depressed. She gradually fell after giving birth to post-natal trauma, and this visa situation hit her a lot. She is getting online therapy for a psychologist, but her mood does not change much. The only thing she wants to do is to go home country.
My wife and I have not been able to go to our home country for the last 15 months. She was six months pregnant when she last time left the UK. She had some health issues during her pregnancy after coming back to the UK, so she needed to visit the hospital more often than a normal pregnant woman. Then she gave birth in the UK, and we had to wait for me to get ILR so we could apply to register the baby as a British citizen, again couldn't leave, then we found our mistake in her ILR application, and since then we are still waiting for the decision. So much has happened for the last 1.5 years, and she now wants to go home. I tried to hold her till now as if she leaves the UK, she'll not be able to return. The processing time for a spouse visa from outside the UK is up to 6 months, and the priority option is now on hold (I am guessing due to the Ukrainian crisis) However it's up to 2 months if applied from the UK. For this reason, I tried to calm her to wait -at least- for a decision letter to come from the HO because I would be separated from my child and my wife for months which I don't want to be.
So for the baby's and her good, I need to make the best decision now, but I just want to understand if my estimations are correct.
Since she is an overstayer, can she apply for a spouse visa from the UK, or the only option she has is to apply from outside of the UK? As mentioned above, this makes a big processing time difference.
If she can't apply from the UK, there is no reason for me to hold her here; even though I'll be separated from my baby for a while, it'll be good for my wife.
Thank you for your support.