Overstayed Married and ILR

snowhite · Post by **snowhite** » Thu Jan 21, 2010 2:09 pm

Greetings All,

While ago i posted this on this forum :-

*************************************************************
hi,

i am writting on behalf of a friend who is weak in english. She has come to UK for studies in 2003 and overstayed in UK ever since 2004 upon not to renew her study visa due to lack of fund. In 2006 she is married to an assylum seeker who is yet to recieve his ILR. She is now have 3 children with him. Her passport has expired in 2007.

She would like to know what is her status, if she could apply for ILR, what she should do to make her stay legal. She is scared if she is seperated from her children and husband if she goes to immigration regarding this matter.

(I dont know wht kind of advice i should give her and I told her i would ask in an immigration based forum online)

Thanks.
*************************************************************

The husband now has received his ILR, she would like to know what is her best option to legalise her stay. Can she apply from here in UK?

Thanks for all your advice and reply

Wanderer · Post by **Wanderer** » Thu Jan 21, 2010 2:28 pm

snowhite wrote:Greetings All,

While ago i posted this on this forum :-

*************************************************************
hi,

i am writting on behalf of a friend who is weak in english. She has come to UK for studies in 2003 and overstayed in UK ever since 2004 upon not to renew her study visa due to lack of fund. In 2006 she is married to an assylum seeker who is yet to recieve his ILR. She is now have 3 children with him. Her passport has expired in 2007.

She would like to know what is her status, if she could apply for ILR, what she should do to make her stay legal. She is scared if she is seperated from her children and husband if she goes to immigration regarding this matter.

(I dont know wht kind of advice i should give her and I told her i would ask in an immigration based forum online)

Thanks.
*************************************************************

The husband now has received his ILR, she would like to know what is her best option to legalise her stay. Can she apply from here in UK?

Thanks for all your advice and reply

Where is she from?

snowhite · Post by **snowhite** » Thu Jan 21, 2010 2:35 pm

she is from malaysia.

Wanderer · Post by **Wanderer** » Thu Jan 21, 2010 2:43 pm

snowhite wrote:she is from malaysia.

In my view then it's reasonable for her to return to her home country and apply correctly, she wont be refused if she's never used deception.

Others will bleat on about Art 8 and HRA and applying in country but it's a long, hard road, better to bite the bullet in my view.

snowhite · Post by **snowhite** » Thu Jan 21, 2010 2:49 pm

Wanderer wrote:
snowhite wrote:she is from malaysia.
In my view then it's reasonable for her to return to her home country and apply correctly, she wont be refused if she's never used deception.

Others will bleat on about Art 8 and HRA and applying in country but it's a long, hard road, better to bite the bullet in my view.

what do u acctually mean by deception? pls explain. Also will she be allowed to leave together with her children?how long will the application will be. is tht the only way to apply?

how can she apply from here?
thanks

ElenaW · Post by **ElenaW** » Thu Jan 21, 2010 3:27 pm

you said she applied for a student visa before. So it doesn't seem like she used any deception (examples of deception are using fake documents and things of that nature). She will not be refused just based on the fact that she overstayed.

I don't know about processing times in Malaysia, hopefully someone else will.

She can apply from there by using form VAF4A. She will need to satisfy the criteria of a spousal visa (accommodation, finances, genuine relationship). Applying from her country is her best bet of legalizing her stay.

snowhite · Post by **snowhite** » Thu Jan 21, 2010 3:36 pm

boulevardofbrokendreams wrote:you said she applied for a student visa before. So it doesn't seem like she used any deception (examples of deception are using fake documents and things of that nature). She will not be refused just based on the fact that she overstayed.

I don't know about processing times in Malaysia, hopefully someone else will.

She can apply from there by using form VAF4A. She will need to satisfy the criteria of a spousal visa (accommodation, finances, genuine relationship). Applying from her country is her best bet of legalizing her stay.

thanks for the reply, according to her she came to this country on student visa and overstayed.

could you also pls let me know if she will be able to take her children with her?

She n her busband quite concern about her going back home. Is there anyway they could apply from here UK?

Thanks

ElenaW · Post by **ElenaW** » Thu Jan 21, 2010 3:38 pm

Would she be in danger if she went and applied from back home?

snowhite · Post by **snowhite** » Thu Jan 21, 2010 3:59 pm

boulevardofbrokendreams wrote:Would she be in danger if she went and applied from back home?

her marriage was not accepted by her family so she doesnt have anyone to stay there.

Wanderer · Post by **Wanderer** » Thu Jan 21, 2010 4:06 pm

snowhite wrote:
boulevardofbrokendreams wrote:Would she be in danger if she went and applied from back home?
her marriage was not accepted by her family so she doesnt have anyone to stay there.

Well that's a personal issue, not enough to preclude a trip home...

ElenaW · Post by **ElenaW** » Thu Jan 21, 2010 4:38 pm

Yeah Wanderer's right, looks like the only feasible option is for her to return home and apply from there.

I don't see a reason why she can't take her kids with her. Unless her husband is against it or something.

snowhite · Post by **snowhite** » Thu Jan 21, 2010 5:16 pm

boulevardofbrokendreams wrote:Yeah Wanderer's right, looks like the only feasible option is for her to return home and apply from there.

I don't see a reason why she can't take her kids with her. Unless her husband is against it or something.

thanks for the replies. i hope all goes well with her too.

also can u tell whom she should contact first regarding this matter?

will she be stopped at the airport for overstayed?

her passport has expired, will she be able to travel?

ElenaW · Post by **ElenaW** » Thu Jan 21, 2010 5:46 pm

snowhite wrote:
boulevardofbrokendreams wrote:Yeah Wanderer's right, looks like the only feasible option is for her to return home and apply from there.

I don't see a reason why she can't take her kids with her. Unless her husband is against it or something.
thanks for the replies. i hope all goes well with her too.

also can u tell whom she should contact first regarding this matter?

will she be stopped at the airport for overstayed?

her passport has expired, will she be able to travel?

She needs to get a passport renewal before traveling as far as I know. I'm very unfamiliar with Malaysian procedures so I would suggest that she should contact the embassy.

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Overstayed Married and ILR

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