in counrty vs out of country application

shumba · Post by **shumba** » Wed Sep 30, 2009 10:08 pm

hie all

i am just wondering, what wolud be the best and quickest way go apply for a settlement visa? I dont really want to go back to my country and apply for a visa as it would disrupt my childrens routine at nursery and other activiteis they do but as at the moment i am really getting so depressed as i cant work to support my family and provide for them as my wife is doing all that for me and as a man i feel im letting them down, im a failed asylum seeker (hate that term but its the truth) and overstayed for 7 years and married to a british national with 2 children and was advised that under [b]chikwambo vs state[/b] i could make that application here but then i am not sure of the processing times and waiting period and reading some of the topics on here some people have made an out of country application and it has come out in a very short time
So my question is which application is the fastest and safest to make as i dont wat to separate me my wife and the kids if we have to go back to my home country(zimbabwe by the way) to apply and support my family as my saving are dwindling really fast
thanks everyone and plaes any feed back from fellow zimbabweans is mostly appreciated and sorry for making it long

prettypolitical · Post by **prettypolitical** » Thu Oct 01, 2009 10:55 pm

Hi Shumba,

The most successful way is to go back and apply from your home country and return home of your own free will and not be deported!!!!

You will need to submit your documents and application to the British High Comission in Zimbabwe....which will then be sent to British High Comission in Pretoria where everything from your country is processed.

I know it is really difficult the thought of not being with your family, although you should really think about this.

If you need more help then you willget a lot of good advice...

Let us know if you need anything else!

shumba · Post by **shumba** » Fri Oct 02, 2009 9:16 pm

thanks prettypolitical for the info, i have been trying to ring the zimbabwe high commission here and they have not been any help at all and my solicitor has said going back home will take a shorter period to get my case resolved but then i have been reading some of the posts you have made and feel for you, i have that fear that if i go back il be a long time away from my family especially the kids as they are too young and cant do a day without me it would be torture to them and me and my wife and the fear that remaining here while they takle their time to resolve it would put us in a more worse situation financially,
i have been really thinking about whats best for the kids... not me and i think its best to weather it here and see how it goes but then i long to give my kids the life were they do not suffer because of me and the more i stay in this situation the more i get deeper into depression not good
but still thanks prettypolitical

prettypolitical · Post by **prettypolitical** » Sat Oct 03, 2009 1:13 am

Hi Shumba,

I totally understand how you feel we as a family have been through it and have come out of it with a fantastic result, we no longer live in fear of those knocks on the door or passing anyone in the street my hubby is a FREE man.

I do not want to lie to you my children did experience difficulties during the short term seperation, but I have to say the result was well worth it and we are planning the rest of our lives as a family.

If you need any help in preparing your application give me a shout, as long as you have good evidence and supporting documents then you wont go wrong.

I can understand how depressed you are and it eats you up, but you have to fight for yourself and your family!!!

You need to sort this issue once and for all and be a t peace!!!

Just let me know!!!

Danbrix · Post by **Danbrix** » Sat Oct 03, 2009 1:42 pm

Hi Shumba,

I was pretty much on the same boat as you are now and was the most difficult decision I had to make but the best one in hind sight. It took me 4 years to make up my mind, 4 months to prepare my bundle and 1 week to get what I longed for many years. From personal experience, I know you are going have to make a very difficult decision when especially little ones are involved. I returned with my three and half year old son so that my wife could continue to work. By the way my son was at the nursery when I took him with me in Dec 08. Had I waited a bit longer, it would have been very difficult to do what I did as my son would have started school. But make no mistake, I covered all my grounds when preparing my bundle thanks to great members of this board. I left nothing for chance. Coming back to your issue, if you prepare an air tight bundle I believe there is no reason why you shouldnâ€™t have positive outcome. So like what prettypolitical said, please feel free to fire away if you have any questions.

shumba · Post by **shumba** » Sun Oct 04, 2009 9:13 pm

thanks prettypolitical and danbix, the wife and me have had a very difficult weekend discussing everything you have said and its been a hard weekend as well as we dont even know what and how we are going to do about this scenerio, we both want this sorted but its draining us both seeing the wait for an in country application will take long and the EC will not be that long but the idea of being separated hurts more but tomorrow we shall make an appointment with the solicitor and get more closure, but thanks to you two my mind seems so much clearer youu two are life saviours with the info,
we have been together for over 5 years and i think the evidence we provided to the solicitor to check covers nearly everything you guys have mentioned, anyway roughly how long will it take for the application and is this for "just" the Entry Clearance and not the spouce visa? thats another thing im confusing myself with and being a failed asylum seeker, i understand i dont get my passport until on the plane... question for you danbrix... did it not present any problems being an asylum seeker in your country too? and do HO not say because have overstayed they will restrict your coming back to a certain period?
im really panicking about this and having sleepless nights because of this but im convinced from your point of views its the best process to take
prettypolitical i feel for you as my wife will have to go through what you had to go through and will try to assure her that it will not be long
thank you 2 again lifesavers

prettypolitical · Post by **prettypolitical** » Sun Oct 04, 2009 9:39 pm

Hi Shumba

Glad you have started to discuss the issue!!!.....thats the first step!

Make the appointment....make sure you get all the information that you need to make an informed choice....and go from there!

It will be hard for your wife to adjust to the short term change....its the waiting around for decisions to be made and the not knowing what the initial decision will be and the temp seperation that she will have to get her head around...stay positive and be strong.....

If you need any help all you got to do is shout up....if your papers are good and provide all the info to satisfy them and meet all the criteria...you are on your way to start a fresh with your family......

I wish you all the best!!!

Keep intouch and let us know what you are deciding to do so we can try and support you and your family.......you need all the support you can get in times like these!!!!

Danbrix · Post by **Danbrix** » Sun Oct 04, 2009 10:28 pm

Hi Shumba,

Shumba wrote:roughly how long will it take for the application and is this for "just" the Entry Clearance and not the spouce visa? ...

If you have a spouse visa, then it means you have Entry Clearance. They are not two separate applications you have to make. Processing the application varies from country to country and a lot of other factors. All I can say is, donâ€™t leave anything for chance and donâ€™t assume ECOs would look through your bundle the way you want them to unless you make it explicit. Look at the contents of my bundle here
http://www.immigrationboards.com/viewto ... ht=#224980
Some of the documents in my evidence folder covered over 5 years. The point is, preparation is very important and there is a very good chance your application would be processed quickly if you do your homework.

Shumba wrote:question for you danbrix... did it not present any problems being an asylum seeker in your country too?

Not really, but then again peoples personal circumstances vary. Being separated from your family for some time is an issue on it own but if your life is going to be endangered by going back to Zimbabwe, then you will have to think long and hard in terms of what exactly you want to do.

Shumba wrote: and do HO not say because have overstayed they will restrict your coming back to a certain period?

There is a concession for family members and you will be OK. Please check out section 7C at

http://www.ukvisas.gov.uk/en/ecg/refusa ... ralgrounds

Good luck

shumba · Post by **shumba** » Sat Oct 10, 2009 1:12 pm

hey guys, ive had that appointment with my solicitor and what he said to me was a bit contradictory... let me explain
as a failed asylum seeker from zimbababwe, with the no removals to the country, it would be suicide for me to even think of going back to apply for entry clearance there, yes it would take long for the visa to be approved here as HO are sitting on the cases but being zimbabwean, they have a tendency to get through them fairly quickly and according to him he has had a few cases so far decided in fairly short waits (considering all the evidence is there). as the cases are heard in south africa and ild be called to a face to face interview unlike here were they look at the evidence provided, its more money wasted travelling and the wait is even longer if they deny the application as i have to appeal against their decision thus more time away from the family.
the contradiction now applying here there is a wait applying in zimbabwe there is a wait and the fear of refusal nomatter what information i provide, so to him its better weathering the storm here regardless of the time spent waiting because they will eventually get to my case.whats confusing me is this the correct advice, i know decision at the end of the day is mine but i just want to make the right one with advise from people that have gone through the same thing and going through the same thing
thanks

shumba · Post by **shumba** » Sat Oct 10, 2009 1:12 pm

hey guys, ive had that appointment with my solicitor and what he said to me was a bit contradictory... let me explain
as a failed asylum seeker from zimbababwe, with the no removals to the country, it would be suicide for me to even think of going back to apply for entry clearance there, yes it would take long for the visa to be approved here as HO are sitting on the cases but being zimbabwean, they have a tendency to get through them fairly quickly and according to him he has had a few cases so far decided in fairly short waits (considering all the evidence is there). as the cases are heard in south africa and ild be called to a face to face interview unlike here were they look at the evidence provided, its more money wasted travelling and the wait is even longer if they deny the application as i have to appeal against their decision thus more time away from the family.
the contradiction now applying here there is a wait applying in zimbabwe there is a wait and the fear of refusal nomatter what information i provide, so to him its better weathering the storm here regardless of the time spent waiting because they will eventually get to my case.whats confusing me is this the correct advice, i know decision at the end of the day is mine but i just want to make the right one with advise from people that have gone through the same thing and going through the same thing
thanks

shumba · Post by **shumba** » Sat Oct 10, 2009 1:14 pm

hey guys, ive had that appointment with my solicitor and what he said to me was a bit contradictory... let me explain
as a failed asylum seeker from zimbababwe, with the no removals to the country, it would be suicide for me to even think of going back to apply for entry clearance there, yes it would take long for the visa to be approved here as HO are sitting on the cases but being zimbabwean, they have a tendency to get through them fairly quickly and according to him he has had a few cases so far decided in fairly short waits (considering all the evidence is there). as the cases are heard in south africa and ild be called to a face to face interview unlike here were they look at the evidence provided, its more money wasted travelling and the wait is even longer if they deny the application as i have to appeal against their decision thus more time away from the family.
the contradiction now applying here there is a wait applying in zimbabwe there is a wait and the fear of refusal nomatter what information i provide, so to him its better weathering the storm here regardless of the time spent waiting because they will eventually get to my case.whats confusing me is this the correct advice, i know decision at the end of the day is mine but i just want to make the right one with advise from people that have gone through the same thing and going through the same thing
thanks

prettypolitical · Post by **prettypolitical** » Sat Oct 10, 2009 5:25 pm

Hi Shumba,

who told you that you be interviewed,as in Pretoria they would only interview if absolutely necessary, its not compulsary these days.

Not sure how successful your case would be if you stayed here and tried to do it, have you exhausted all the appeal route etc with your case???

I hope Batley Khan or any of the moderators can look at his and advise as idont know anyone who has been successful doing this!!...so i wouldnt want to tell you something which may hinder you....all i know is that my hubby was a failed asylum seeker had a family here was an overstayer and her has been given the spouse visa by going back home!!!

its a tough one for you!!

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in counrty vs out of country application

in counrty vs out of country application