Desperately waiting, please help

[rehoboth]

Hi everyone
I would like your advice on these issues.
I am an overstayer who came to UK 10 years ago on a visitors visa. I met my british husband 6 years ago and we are blessed with 2 children ages 6 and 1. I applied to HO to regularise my stay 3 years ago through the advice of a solicitor and the only thing we have been hearing from them is that my application is awaiting consideration. I am now thinking of withdrawing my application and leaving the UK to go back to my country and apply for a spouses visa or do you think i can get my ILR if i persevere. I forgot to add that my husband and i own two properties and we dont claim any benefit since my hubby has a good source of income. Will HO consider this. I am in a limbo, please help

[Chess]

IMHO it is best to go back home (if it is safe to) and then apply for a spouse VISA.

All should be OK; since you are all financially sound and have children; married etc....


good luck

[John]

That plan to leave and apply for a spouse visa overseas, then hopefully return to the UK is not without merit.

But first can I ask what country you are from?

Also, whilst you obviously want to know the result of your application, understandably, is there any pressing reason why you effectively want to force the issue at this time? For example, are you wanting to work?

we dont claim any benefit

Not even Child Benefit? There is absolutely no problem your husband being the claimant for that.

[rehoboth]

thanks guys fro your advice
sorry, i should have said that the only benefit we claim is child benefit. I also have to say that i m from west africa.The reason i am trying hard to know the HO decision is mainly that i would love to go on holiday abroad, this is something that i have not done for 10 years, it is like iam stuck in UK

[John]

As you will appreciate the plan you mention is not without risks but having said that, based upon your family circumstances, I suspect those risks are small.

You need to establish the delay in Settlement Visa interviews in your country. Look up the relevant website and maybe give them a ring tomorrow. Also, can you submit the visa application by post from the UK and then fly out for your interview (assuming the delays are weeks rather than just a few days).

It is presumed that it is safe to return to your country?

[rehoboth]

thanks John. I think at the moment Nigeria is regarded as a safe country. The problem i have is that if i decide to go back and apply for a settlement visa in Nigeria, will the British consulate not get to know that i have been living in Britain illegally for over 9 years or is there a way i can go about it without any problem. Is it a wise thing to withdraw my application from the HO before i start processing going to back to my country to obtain a settlement visa

[John]

Hi, have a good read through this webpage on the website of the BHC in Nigeria, and also the pages linked to from there.

Make sure you download a form VAF2 and also the INF4 information leaflet.

Clearly you will complete the application form honestly and therefore, when you read that form you will appreciate that the ECO dealing with your application will of course know about your time in the UK.

Also, have a good look around this Board. You will see quite a few messages from people who were in similar circumstances to yourself, or were failed asylum seekers. After going back to their country and applying for a spouse visa they tend to get the visa they are seeking. As said in an earlier message in the topic this is not a risk-free strategy but hopefully it will work out.

Before you go ahead and return to Nigeria, can I ask, has any contact been made with your MP? If not it might be worth trying to get the MP to contact IND and apply pressure to get the application decided sooner rather than later. After all, after three years, they really should know how they are going to respond.

[rehoboth]

God bless you John. I will be contacting my MP very soon and I will take it from there really. I thought my case was too complicated to involve my MP but having gone through cases similar to mine on this forum, i think it is worth trying .
Thanks again

[rehoboth]

Hi all,

Just want to share this good news with you friends on this forum.

Shortly, after my last post in Oct 2005, I contacted my MP telling him my situation and how I had applied to HO since 2002 without any response from them. To cut the long story short, my MP contacted HO and here I am today with a residence permit on my passport.

John, I don't know how to thank you for advising me to contact my MP back in October. You are an asset as well as a blessing to this forum.

Thanks

rehoboth

[John]

rehoboth, many congratulations! Glad it all worked out so well!