Overstayed, Married, Applied...Do I Have A Chance? (ISSUED)!

[Shef]

I have been reading posts on this useful forum for a while and I thought it's time I ask for some advice about my situation, hoping it's not too late. Well my situation in a nutshell...came to the UK from Nigeria (August 2007) on a transit visa (6 months) en-route to Jamaica. Overstayed after some bad advice, went through untold hardships. Luckily met my darling and when she got pregnant we tied the knot at a Church of England wedding (August 2009). Wifey is Bulgarian and she is exercising treaty rights as self employed since January 2009, was formerly on SAWS permit in 2007 and 2008.

Had a lovely baby boy in October 2009. Well after pressure from wifey to regularize stay and careful digest of European Law as regards my case, I submitted my application for a Non-EEA Residence Card on form BR5 (December 17 2009), not yet received any acknowledgement letter from HO Bulgarian & Romanian Caseworking in Sheffield. Included her invoices, letter of recommendations, her passport, my national ID (as my passport as been sent back home after another bad advice), baby's birth certificate (to show it's not a marriage of convenience) and marriage certificate.

My question to knowledgeable advisers on here is do I have a chance to be issued a residence card? If I got a chance how long do I have to wait before I contact HO for updates regarding my case (1 month already and no acknowledgement letter).

Another question to John who is more knowledgeable in this field...as I am not working and Wifey is currently on maternity allowance until May 2010...will her claiming child benefit and child tax credit affect my application? She hasn't claimed yet but she was advised she is entitled to this benefits.

Your input would be highly appreciated.

[Shef]

Reply please!!!

[Ben]

Sorry for not replying in the half an hour you allowed us.

Unless you pose a thread to public policy, public health or public security then, based on the information you have given and provided your marriage is not one of convenience, your application for a Residence Card should not be refused.

Your wife's receipt of child benefit and child tax credit will not affect your application.

[Shef]

Thanks for the reply benifa, actually didn't know I gave 30 minutes to reply the post...I didn't mean to offend anyone if i did so, that was because this was my 1st post and I don't the rules around here. Thanks for your candid opinion...I appreciate!

[Shef]

Finally issued with a residence card by HO yesterday barely two months of submitting my application. This board has been of immense help when preparing my application and I'll like to thank all contributors to this forum for your help along the way even if you didn't know you did. For those still trying to legalize their stay all I can say is keep your head up and never give up because I was once in your shoes and I know how it feels to be undocumented.

[John]

Shef, as well as it being unacceptable to post a reminder after 34 minutes, you also need to appreciate that I personally cannot possibly read every post that is made in this Board.

Anyway, congratulations on the issue of the Residence Card. As regards the benefits, of course no problem your wife claiming Child Benefit, and you are your wife jointly claiming Tax Credits.

[Shef]

Thanks John. No ill feelings for not answering the benefit question on time, I know you cannot possibbly read all the post directed to you. Thanks and God bless.

[Shef]

Due to some pm I recieved from some members on this forum, may I state that HO did request for my passport before the residence card was issued and I have it posted to HO directly from my country through dhl so I guess the ID card I submitted wasn.t enough. Cheers!