overstayer apply for permit of resident on april 2008

[chenli306]

Hi everyone,

I am an overstayer married to a British on April 2004, I made an application to the home office on april this year, and only had a letter saying they have received my application, after that I have heard nothing. I expect some waiting for this kind of application, but how long????

My daughter is 3 years old on last week, she got british passport follows her dad when she was born. I am very sad, and feel helpless, I wish I can do something to help this progress faster, as other people mentioned, can I email to the case worker if I know who he is, or making complaint to other department , or any thing.

Can you please advice me, I really need help. Life is already very hard, this waiting made me going crazy.

[chenli306]

Please, anyone give some advice.

[Londoni]

if you are an overstayer, it is mostly to be rejected as far as i know, because this what is known as 'illegal' but anyway....

...how did you have your child in the first place? didnt they check your passport at the hospital before you give birth or when making the British passport for your child ?

if it is still no, they must have checked when applied for child benefit or child allownace ?

[chenli306]

if you are an overstayer, it is mostly to be rejected as far as i know, because this what is known as 'illegal' but anyway....

...how did you have your child in the first place? didnt they check your passport at the hospital before you give birth or when making the British passport for your child ?

if it is still no, they must have checked when applied for child benefit or child allownace ?

Thank you for your reply.

1st, I don't need any document to give birth to my daughter, it's continue of developing our family life. When we got married, they did not ask for passport, they only ask for ID, which I have a full UK driving license.

2nd, my husband is british, so my daughter automaticly gets british passport, they don't need to know where is the mother come from, or what states is the mother's concerns.

3rd, as some other people, my child get's benefit and tax credit because she is entitled as a british citizen.

My overstay story is a long story, I don't want to say too much because it's passed, now I wish some one can give advice on my original question.

[Frontier Mole]

The worst they can do is refuse the visa - is it a spouse visa?
They can easily refuse a spouse visa because of your illegal status when you got married. It will also take several months to get an in country decision. You have a good Art 8 claim but that does not prevent you from being refused as your "family life" will not be unreasonably affected if they maintain you can return to your country to regularise your stay. Recent case law favours not returning but it is for a narrow band of countries.
If you do not have a poor immigration history (failed to report or absconded or worse) then the fastest way is to return home and apply from there. It also depends on what country you are from as to the practicalities of returning. If ZIM, DRC, SOM then you can be assured you will not have to return if you meet the requirements of the immigration rule 281.