Spouse Visa for Overstayed Wife

[khuram7592]

Dear All,

First of all I would like to take this opportunity to thank everyone involved in this forum for the good work.

Coming to the point, I have indefinite leave to remain in UK issued in September 2010. My wife came to UK in I guess 2001 on a visitor visa and I married her in 2006. I was concerned that she may be sent back to her home country if I filed the application so I decided to wait until I get my ILR.

Before my ILR we had a lovely baby boy. I have sorted out his British passport. Now I want to get my wife's status sorted out.

I am a bit lost as to what will be the best possible way forward with regards to this matter.

If any one can give me some ideas I will then do my own research. I have started reading about Discretionary Leave but not sure if she will qualify under this scheme and also what will be the pros and cons.

She doesnt have any family back home and I am not sure if it will be possible for us to go back to her home country and get her status sorted out.

Does one have experience / advice with about this situation.

Thanks all in advance.

Best

K

[John]

She doesnt have any family back home and I am not sure if it will be possible for us to go back to her home country and get her status sorted out.

Can I ask, what country is that? And why could she not go back and apply for a spouse visa there?

[khuram7592]

Thanks for your response John.

I am from Pakistan and she is from India. When she came here she was married. Her father died when she was 11 months and her mother also died before she came to UK. She married me after she was divorced from her previous husband. Does this help?

[John]

Are you suggesting she would be in danger if she returned to India?

[khuram7592]

Firstly her then husband has now returned to India so there may be a possible threat from either him or his family. Secondly I don't have any idea of the system in India. My concern is firstly her security and secondly we don't want to be stuck there.

[John]

The dilemma is this. If an application for a spouse visa is made in the UK it will be "outside the rules", and such applications can take years to decide, and there is no guarantee that the outcome will be positive. You could wait years, only to be told the application has failed.

Compared to, an application made in India will be dealt with quickly and as long as all the usual tests are passed .... financial, accommodation, evidence of contact ... there is no reason for the application to be rejected.

As regards what you have posted, India is a big country and surely your wife has not got to stay anywhere near her former family. And as regards "getting stuck in India", as said above, there is no reason for that to happen, as long as the tests are passed.