Help please need some advice... spouse visa refused

vm · Post by vm » Wed Apr 13, 2011 7:36 pm

Hi everyone,
I would much appreciate if you could provide me with some advice about my situation. i came to the uk in 2003 on a student visa and have studied here until 2008.. my visa was going to expire in april 2009. Me and my girlfriend decided to get married that year, so we applied for a certificate of approval in the end of april 2009. We got it in august 2009 and we gave our notice to get married. We didnt get a date until november 2009.

So straight after we got married, we applied for my visa as spouse and we didnt get an answer until march 2011 when they said that the application fees was not valid anymore. So we reapplied using new forms and i had to go and do the english language test and everything. Shortly after i received letter to book appointment for biometrics, which went to do at the HO in croydon.

But last monday i got the answer that it has been refused on grounds that i overstayed and they have kept my passport and told me to call a certain number to arrange for my departure frm the uk.

Me and my wife we r in shock and dont really know wats the next course of action.

if someone has any advice for me it wud be of great help.
Thanks

Post by **Greenie** » Wed Apr 13, 2011 7:47 pm

What is your wife's immigration status?

vm · Post by vm » Wed Apr 13, 2011 7:49 pm

my wife is a british citizen.

Post by **Greenie** » Wed Apr 13, 2011 9:37 pm

what is your nationality? is the only reason they refused because you overstayed? what did the refusal say exactly?

vm · Post by vm » Wed Apr 13, 2011 11:27 pm

I am a mauritian national and yes on the reply i got they mention that it is because i overstayed.

YKsamuel · Post by **YKsamuel** » Thu Apr 14, 2011 12:27 am

This is a very sensitive issue and you need to seek for legal advice ASAP!!!!

vm · Post by vm » Thu Apr 14, 2011 11:38 am

Someone has said to me, go back to mauritus and apply from there. But what im worried about is that the fact that i have been considered an overstayer, will this affect the decision that they will take there?

mochyn · Post by **mochyn** » Fri Apr 15, 2011 8:44 am

vm wrote:Someone has said to me, go back to mauritus and apply from there. But what im worried about is that the fact that i have been considered an overstayer, will this affect the decision that they will take there?

Overstaying will have no effect on you applying for a spousal visa

http://www.immigrationboards.com/viewtopic.php?t=50920

Post by **vinny** » Fri Apr 15, 2011 9:03 am

See also FLR(M) rejection because of overstay.

vm · Post by vm » Mon Apr 18, 2011 9:58 am

I have sought out legal advice and, the solicitor has told me the best option is to go back to mauritius and apply from there. my wife will accompany me but the problem we have now is that there wont be a lot of money in our joint bank account as the tickets will cost around Â£800 each. So we will be left with around Â£200. And also she is not working at the moment.

ElenaW · Post by **ElenaW** » Mon Apr 18, 2011 10:48 am

vm wrote:I have sought out legal advice and, the solicitor has told me the best option is to go back to mauritius and apply from there. my wife will accompany me but the problem we have now is that there wont be a lot of money in our joint bank account as the tickets will cost around Â£800 each. So we will be left with around Â£200. And also she is not working at the moment.

Make sure your wife stays back and gets a job. They will refuse you again if there is no proof of income. Why does she need to come with you anyways?

vm · Post by vm » Mon Apr 18, 2011 11:14 am

She was working up until beginning of march. is there any way we can have a sponsor? My mum is a british citizen and she works here and has a 3 bedroom house where we all live. Meaning me, my wife and my mum. Can she ask as a sponsor?

vm · Post by vm » Mon Apr 18, 2011 11:17 am

I meant act as a sponsor. Thats what i was advised by the solicitor, to take her there with me.

Post by **vinny** » Mon Apr 18, 2011 11:50 am

The UK/settled spouse is definded as the sponsor. However, third-party support is possible.

vm · Post by vm » Tue Apr 19, 2011 2:48 pm

Thanks vinny... so if i understand properly, my mum can act as a sponsor and it would not be a problem?

Post by **vinny** » Tue Apr 19, 2011 9:07 pm

Your mother may help support you.

If the initial FLR(M) application was in-time, then ask the UKBA to reconsider their refusal, in line with Forrester, R.

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Help please need some advice... spouse visa refused

Help please need some advice... spouse visa refused

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