i need to go back home to apply for a spouse visa help plz

[cool12]

hi ive been in the uk for the last 10 years i applied for article 8 under human rights as most of my family are based here and are all British citizens and was refused and i don't really wanna go back home as i have a fear of them not helping me there with getting my visa i would really appreciate it if you please help me or advise me on what is the quickest and guaranteed way for getting my status sorted
im married to a British citizen for three years
and dont really know what to do or what information i should give you so please if you need any other info i'd be more than happy to reply asa i can please feel free to ask anything that might help
thank you

[mochyn]

As you are married to a British citizen, it would be easiest to return to your own country to apply for a spousal visa

[Greenie]

- Where you given a right of appeal against the refusal of your application?
- What reasons did they give for refusing your application?
- What is your current immigraton status in the UK/what was your immigration status when you made your article 8 application
- What nationality are you?
- How old were you when you came to the UK?
- Do you have any children
- What other family members do you have in the UK?

[cool12]

As you are married to a British citizen, it would be easiest to return to your own country to apply for a spousal visa

thanks for your reply i dont mind going back home but 1st i am an over stayer would this effect my right of getting a spousal visa 2nd about a year-2years ago i was stoped driving with no licence and insurance(it was on a sunday night and wanted to pick my wife up from work as i was worried for her saftey)i got fined nearly 400 pounds in court would this as well efect my rights
thank you

[Greenie]

If you answer the questions I have asked then it will be easier to give you advice.

In addition - by how long have you overstayed your visa?

[cool12]

- Where you given a right of appeal against the refusal of your application?
- What reasons did they give for refusing your application?
- What is your current immigraton status in the UK/what was your immigration status when you made your article 8 application
- What nationality are you?
- How old were you when you came to the UK?
- Do you have any children
- What other family members do you have in the UK?

no mate i wasnt given a right of apeal
i dont have any status at the moment (illegal)when i applied didnt have any legal status
im moroccan national
id just turned 17 when i came to the uk
got married in ireland in 2007 as it wasnt possible to marry in the uk
i dont have any children
i got nearly all my familly here 2 brothers and 2 sisters 6 nieces and and 2 nephews
other info:i had a 6 months tourist visa in 2001 wanted to stay here legally so my sister and her husband British born wanted to adopt to allow me to stay. they got all the necessary papers from Morocco but didnt look for a good lawyer then witch made it harder the person who applied for me didnt actually know what he was doing i only found out that he was not qualified when i got a refusal letter for ilr and the copy of the application and when i read it then you can tell that the person who filled the application doest even know what was asked of him and most of the application was left blank after the waiting for nearly three years they've refused me and gave me the right to appeal i went to court and after that i was aked to leave the country but i couldn't as i was 21 then and had established a life here couldn't just go back there and start again.
please feel free to ask anything you'd like to know about the situation

[cool12]

any help guys?

[Greenie]

why did they refuse your article 8 application (which I assume you made on the basis of your family life with your wife?)?

[cool12]

why did they refuse your article 8 application (which I assume you made on the basis of your family life with your wife?)?

idont know if refused it the right word but they didnt even consider my aplication thats what the lawyer said anyway
greenie, i dont mind going back home do you think there is a risk and if there is what will it be
and if i do go how long do you think they'd take
ps they didnt consider it coz they said i should apply for a espousal visa and the lawyer said that they only say that to get the application fee (dont know if thats true)

[Greenie]

Given the length of time you have been in the UK as an overstayer then there is a risk that if you return to your country you could be refused under para 320(11) (previously contrived in a significant way to frustrate the intentions of these Rules)

In terms of how long will it take from Morocco - according to UKBA website 100% of settlement applications from Rabat were decided in 60 days but there are no guarantees of this. Given what is happening in the region at the moment in terms of political unrest there may well be delays in entry clearance applications.

http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

Your other option is to do as the UKBA have apparently suggested and fill in the relevent form and pay the fee. This could take many months or years to be considered although given that UKBA are apparently in contact with you then you may get a quicker decision.

[mochyn]

Please be reminded that each case is decided on its own merits but your situation is very similar to that of

http://www.immigrationboards.com/viewto ... sc&start=0

in which the person overstayed, had been in full time work but was still granted a spousal visa and very quickly I may add

[cool12]

Please be reminded that each case is decided on its own merits but your situation is very similar to that of

http://www.immigrationboards.com/viewto ... sc&start=0

in which the person overstayed, had been in full time work but was still granted a spousal visa and very quickly I may add

i was just reading about this couple b
the only think is that these people have kids and i dont iand i really think that having kids does help

[cool12]

Given the length of time you have been in the UK as an overstayer then there is a risk that if you return to your country you could be refused under para 320(11) (previously contrived in a significant way to frustrate the intentions of these Rules)

In terms of how long will it take from Morocco - according to UKBA website 100% of settlement applications from Rabat were decided in 60 days but there are no guarantees of this. Given what is happening in the region at the moment in terms of political unrest there may well be delays in entry clearance applications.

http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

Your other option is to do as the UKBA have apparently suggested and fill in the relevent form and pay the fee. This could take many months or years to be considered although given that UKBA are apparently in contact with you then you may get a quicker decision.

is there any thing that i can apply for from the uk?

[Greenie]

Yes you could apply on form FLR(O) and argue that you meet all of the requirements of paragraph 295D of the immigration rules but for the fact that you do not have leave to remain. You could also apply on FLR(M) and make the same argument. If successful then you be most likely get 3 years discretionary leave and have to complete 6 years of that in order to get ILR.

If you went back to Morroco and applied from abroad then assuming you met the requirements you would get 2 years leave to enter and be able to apply for ILR after you had completed those 2 years.

See rules

http://www.ukba.homeoffice.gov.uk/polic ... xpartners/

guidance

http://www.ukba.homeoffice.gov.uk/sitec ... schapter8/

I suggest you speak to your solicitor about your options and s/he is in a better position to advice you.

[cool12]

Yes you could apply on form FLR(O) and argue that you meet all of the requirements of paragraph 295D of the immigration rules but for the fact that you do not have leave to remain. You could also apply on FLR(M) and make the same argument. If successful then you be most likely get 3 years discretionary leave and have to complete 6 years of that in order to get ILR.

If you went back to Morroco and applied from abroad then assuming you met the requirements you would get 2 years leave to enter and be able to apply for ILR after you had completed those 2 years.

See rules

http://www.ukba.homeoffice.gov.uk/polic ... xpartners/

guidance

http://www.ukba.homeoffice.gov.uk/sitec ... schapter8/

I suggest you speak to your solicitor about your options and s/he is in a better position to advice you.

i've checked the paragraph you have talked about and i dont think its the right thing for me as i am married

"295D. The requirements to be met by a person seeking leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom"

[Greenie]

Apologies, the rules are here for married partners

rules

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

guidance

http://www.ukba.homeoffice.gov.uk/partn ... /partners/

Again you would have to show you meet all of the rules except the fact that you don't have valid leave and also you have remained here in breach of the immigration rules. You should also provide evidence of your private life etc

[cool12]

Apologies, the rules are here for married partners

rules

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

guidance

http://www.ukba.homeoffice.gov.uk/partn ... /partners/

Again you would have to show you meet all of the rules except the fact that you don't have valid leave and also you have remained here in breach of the immigration rules. You should also provide evidence of your private life etc

can they refuse me if i go back home? and if they do how long does it take to appeal i just need an idea of how long it can take if the worst happend