- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
mochyn wrote:As you are married to a British citizen, it would be easiest to return to your own country to apply for a spousal visa
no mate i wasnt given a right of apealGreenie wrote:- 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?
Greenie wrote:why did they refuse your article 8 application (which I assume you made on the basis of your family life with your wife?)?
i was just reading about this couple bmochyn wrote: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
is there any thing that i can apply for from the uk?Greenie wrote: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.
i've checked the paragraph you have talked about and i dont think its the right thing for me as i am marriedGreenie wrote: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.
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 happendGreenie wrote: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