SPOUSE VISA AND OVERSTAY PLEASE HELP!!!!

[katiebridges87]

hello all,
this is my first post so please bear with me.I am a british citizen who recently married my wonderful husband(13th dec 2009) in his home country of st.vincent.

We posted our online visa application just after and he had an interview and his biometrics done on 22nd december,we then recieved an email from the british consular based in N.Y on Jan 5th stating they had recieved his application and it would take up to 20 working days to process.

The issue is my husband has been an overstayer in the U.K since 2006,he has been honest about this in his application and even showed he has been working full time(and paying taxes might i add!)for that time.does anyone know how this will affect his visa application?im really worried he will be refused and we have a 3 and a half year old son and one on the way!!(we sent evidence of my pregnancy to them also)

thanks in advance

[mochyn]

Being an overstayer will have no effect on his application for spousal visa

[ElenaW]

Not to worry. Like mochyn said they will not refuse the application based on a spouse overstaying.

[moma]

i dont mean to be a party popper but it might cause probs cos they could refuse saying he contrived to frustrate the rules so just be prepared but the 320 exemption is used at ECO's discretion. i was refused becoz i had overstayed and im currently appealing. but American ECO's seem like they are good people not too tough. all the same good luck

[katiebridges87]

thanks guys well i hope that we get some kind of response asap,this is torture!!

also do you know if they will take my partners(who overstayed)savings and money into consideration?because the other factor is im in my overdraft and dont have an awful lot of money in savings.

22nd dec: biometrics done
05th jan:recieved email from new york saying they had recieved our application

[ElenaW]

thanks guys well i hope that we get some kind of response asap,this is torture!!

also do you know if they will take my partners(who overstayed)savings and money into consideration?because the other factor is im in my overdraft and dont have an awful lot of money in savings.

22nd dec: biometrics done
05th jan:recieved email from new york saying they had recieved our application

Of course they'll take his savings into consideration.

[katiebridges87]

thanks elena,
i really hope they do because money management isnt my strongest point!!also like i pointed out my husband was working here whilst overstaying if he looses his job(because it is taking a long time or he is refused)would i be able to get help to pay my rent/council tax as im a british citizen??or is that recourse to public funds?sooo confusing!

[ElenaW]

thanks elena,
i really hope they do because money management isnt my strongest point!!also like i pointed out my husband was working here whilst overstaying if he looses his job(because it is taking a long time or he is refused)would i be able to get help to pay my rent/council tax as im a british citizen??or is that recourse to public funds?sooo confusing!

As a british citizen you're entitled to public funds. Don't worry so much!

[katiebridges87]

Great news!!!!
my husband recieved an email thurs to say his visa had been issued!!!we are truely over the moon and he will be coming home as soon as he can.this website is fabulous its a horrible thing to wait for but you must stay positive people!!!I had serious doubts as he was an overstayer but hes coming back and we can be a family!!!!

dec 22nd -biometrics done
Jan 5th-documents recieved in NY british consular
Feb 4th-SPOUSE VISA ISSUED!!!!!

[Wanderer]

Make this a Sticky in defiance of all the stay-and-pray HRA Article 8'ers would would have had you in three years of purgatory....

Congrats!

[ElenaW]

wowzers! congrats!!

[katiebridges87]

sorry how do i make a sticky wanderer?
thanks

[Wanderer]

sorry how do i make a sticky wanderer? :?
thanks

Mods have to. It was a call to arms!

[mochyn]

Great news!!!!
my husband recieved an email thurs to say his visa had been issued!!!we are truely over the moon and he will be coming home as soon as he can.this website is fabulous its a horrible thing to wait for but you must stay positive people!!!I had serious doubts as he was an overstayer but hes coming back and we can be a family!!!!

dec 22nd -biometrics done
Jan 5th-documents recieved in NY british consular
Feb 4th-SPOUSE VISA ISSUED!!!!!

We told you that overstaying is not a problem and I am glad that you did everything the correct way and not cling to the article 8 hope that is dangled in front of many and find that it takes forever to see it through to fruition.
Going back home and applying is far quicker

Congratulations!

[katiebridges87]

definatley agree!!!

overstayers should take this as proof that if you do it correctly and be honestly and apply in home country it is much quicker and easier then doing in U.K

[mochyn]

hello all,
this is my first post so please bear with me.I am a british citizen who recently married my wonderful husband(13th dec 2009) in his home country of st.vincent.

We posted our online visa application just after and he had an interview and his biometrics done on 22nd december,we then recieved an email from the british consular based in N.Y on Jan 5th stating they had recieved his application and it would take up to 20 working days to process.

The issue is my husband has been an overstayer in the U.K since 2006,he has been honest about this in his application and even showed he has been working full time(and paying taxes might i add!)for that time.does anyone know how this will affect his visa application?im really worried he will be refused and we have a 3 and a half year old son and one on the way!!(we sent evidence of my pregnancy to them also)

thanks in advance

All that worry for nothing, if you are British citizen and your spouse applies from overseas there is no way the Home Office will refuse you if you have family in the UK.
I understand the concern as you have to leave your family and exit the UK and you are worried that you might not be allowed back in but as you can see it was very quick

[skyepark]

can i ask what you submitted, what docs did he provide re his paying taxes I thought that working while overstaying is illegal and refused under 320 (11) contriving the rules and breaching visa. did he obtain what visa did he overstay on?

I am so worried about this help?

[Kitty]

skyepark, I think the point is that overstaying. breach of terms etc. cannot be used on their own for 320(7B) refusals where the applicant is applying as a spouse. However, they can act as a "springboard" for a 320(11) refusal if there are additional "aggravating circumstances".

Check the guidance on refusals on the UKBA webpage for what constitute "aggravationg curcumstances", but it's things like claiming benefits to which you weren't entitled, participating in a sham marriage etc.

[skyepark]

i understand that working while overstaying is breaching the conditions of a visa and aggravating the rules.

[HRY2005]

As well as using forged or fake document to gain employment if he hadn't been issued a working visa before.

[dantolu]

Working whilst overstaying cud be aggreavating circumstances and this cud use at discretion of the ECO and they have to put family life into consideration. Remember this application is in New York where less people apply and they are not strict on them on like applicants from India, Nigeria or Pakistan.

So 320(11) is discretion, so the couples are lucky.

[skyepark]

He didn't use any false or forged dice. He just said he was from eu and the employers failed to check his papers

[stevenlim123]

Hi katiebridges87,

My hushand is currently in a similiar situation as your husband, I though you might be able to help us.

My husband was on working holiday visa he was only entitled to work full 12 months during his 2 years in the UK. However, he worked total of 18 months in the UK (10 months paying tax and 8 months without paying tax). We are now married and I want him back in the UK with me.

1) Did he submit his bank statement, payslips, p60 or p45?

2) We are going to be up front with the ECO that I have overworked, but the problem is that those 8 months working without paying tax the employer was my husband uncle, we are worried that the goverment will come up to him and charged him.

3) Did the goverment people ever go to your husband's ex-employer to chrage them?

4) What is your document check-list look like??

5) Is that anything we need to look out for?

[ginoT]

there's one critically important detail missing from this thread - exactly which visa was granted? was it the actual spouse visa originally requested or was it discretionary leave?

katiebridges87 - would very much appreciate your feedback as it impacts my case

[elv15]

Gino T i think Spouse visa is what was granted because OP left the country to apply from country of origin.