reason for overstaying

hilda84 · Post by **hilda84** » Mon Apr 18, 2011 6:07 pm

Hi all

My partner and i are in the middle of applying for eea family permit. We have managed to get all sorted. I'd overstayed my visa so i got a year's ban when i left UK 16 months ago. In my application I've had to give a reason why i overstayed.

But I've been told by my solicitor that my reasons aren't good enough. What is a good enough reason? I thought being honest was the best way! Isn't it so?
Do i even need to include this statement? Please bare in mind, i left UK voluntarily16 months ago...please anyone who might have an answer to this. It seems to be the only obstacle now.

Thank you.

toni34 · Post by **toni34** » Mon Apr 18, 2011 9:30 pm

you cant be ban under any law if you r applying as a spouse or a partner of a uk/eu national,you can only be ban if you r coming under any other rouths.dont know where you and your lawyer got your ban from.my mate was caught and was deported to nigeria last year,he is back in the uk because he applied as the husband of a eu national who is exercising her treaty rights,more over was an illegal immigrant until 24th of march when i was issued with a rc based on my relationship with my eu national who is exercising her treaty rights,i didnt even leave the uk to go back to my home country to apply

hilda84 · Post by **hilda84** » Tue Apr 19, 2011 6:48 am

Thanks for your response.

...but you didn't get to answering my main question. In my application, do i need to include the statement bout why i overstayed

Post by **Greenie** » Tue Apr 19, 2011 8:27 am

hilda84 wrote:Thanks for your response.

...but you didn't get to answering my main question. In my application, do i need to include the statement bout why i overstayed

yes if the question is asked in the form you need to answer it.

fysicus · Post by **fysicus** » Tue Apr 19, 2011 8:55 am

The VAF5 form for an EEA Family Permit has actually a lot of irrelevant questions (meaning that whatever you answer cannot influence the outcome of the application).

EEA applications can be rejected on the basis of public safety or security, but that happens only in exceptional cases as far as I know. Overstaying on a previous visa (for whatever reason) alone cannot justify a rejection on such grounds.

Most immigration lawyers have experience with the complicated (and draconian) UK national immigration rules, and give wrong advice in the case of EEA applications because they simply cannot imagine how strong the rights of free movement under EU law actually are.

toni34 · Post by **toni34** » Tue Apr 19, 2011 8:56 am

it is not important,you can say yes,but it does not change anything,you may want to read directive 204/38/ ec about your rights.

86ti · Post by **86ti** » Tue Apr 19, 2011 9:26 am

It is certainly true that the VAF5 form asks for too many details but keep in mind that the overstay including the ban will be known to the UKBA. Depending on the personal circumstances of the OP this may be problematic as it may be used to cast doubt on the genuineness of the relationship to the EEA.

86ti · Post by **86ti** » Tue Apr 19, 2011 9:42 am

Looking through the VAF5 form I only see point 6.6 to be relevant. The answer to this is simply 'overstayed'. I can't see anywhere in the form where a reason for that would be asked for. Wouldn't make much sense to me anyway.

hilda84 · Post by **hilda84** » Tue Apr 19, 2011 1:57 pm

Thanks everyone for your responses.

We have no problem proving the durability of our relationship. We just seemed to get stuck when i was told my reasons for overstaying aren't good enough. What is a good enough reason to overstay?

86ti · Post by **86ti** » Tue Apr 19, 2011 2:18 pm

hilda84 wrote:We just seemed to get stuck when i was told my reasons for overstaying aren't good enough. What is a good enough reason to overstay?

Please re-read my previous post and tell us where in the form you are required to do so.

hilda84 · Post by **hilda84** » Tue Apr 19, 2011 3:34 pm

Give full details, it says.

86ti · Post by **86ti** » Tue Apr 19, 2011 3:56 pm

When I asked 'where' I was expecting the precise location in the application form as I can only see 6.6 to be relevant to overstaying (and that point does not ask for 'full details')... But that question does not ask for a justification why you have done what you have done but rather on what grounds the applicant has been deported or removed or was otherwise asked to leave (as answered above). You are also supposed to give the UK reference number which I would expect will give them further details.

hilda84 · Post by **hilda84** » Sun Apr 24, 2011 6:21 pm

Well, this was off the questionnaire our rep had drafted 4 us.
But i get where u come from. Thanks.

One more question...we have gathered emails, facebook convos and phone
bills showing calls he made to me during time apart. I have 1 worry though, we have
only managed to collect 12 pics excluding our wedding pics. They are all
frm different occassions. My hubby hates picture, im actually surprised we
have that much. Will 20 pictures b sufficiient? This didnt worry me til i saw
someone submitted 60!!

Thanking you

fysicus · Post by **fysicus** » Mon Apr 25, 2011 5:43 pm

Pictures are not necessary at all; they may just give a little bit of extra support to claim that you are in a genuine durable relationship, but no way they can determine the outcome of the application. Don't worry about them.

hilda84 · Post by **hilda84** » Mon Apr 25, 2011 6:32 pm

Thanks ever so much

Post by **Directive/2004/38/EC** » Tue Apr 26, 2011 4:52 pm

OP - Are you married? Is your Eu citizen partner working in the UK? From which country are they from?

Greenie wrote:
hilda84 wrote:Thanks for your response.

...but you didn't get to answering my main question. In my application, do i need to include the statement bout why i overstayed
yes if the question is asked in the form you need to answer it.

Not correct, sorry. Just because they ask for something, does not mean you have to provide it. UKBA could, for instance, asked detailed questions about the first time you had s.e.x.u.a.l i.n.t.e.r.c.o.u.r.s.e. in the UK, but you can happily ignore the question and they can not refuse your application because you did not answer.

to the OP -- I would personally not give a reason. Your reason for overstay is not relevant to this application, and they have details of why they banned you. I would however answer "YES" to a question of whether you have been banned.

hilda84 · Post by **hilda84** » Tue Apr 26, 2011 5:22 pm

Hello guru

Yes we are married and he's been living and working in the UK for 6 years now.

Thanks for the response.

Post by **Directive/2004/38/EC** » Tue Apr 26, 2011 5:25 pm

Good. The application is a lot easier if you are married, and are not "just" common-law partners.

Go for it. And tell us if you have any further problems.

deon · Post by **deon** » Wed Apr 27, 2011 10:36 pm

hilda84 wrote:Well, this was off the questionnaire our rep had drafted 4 us.
But i get where u come from. Thanks.

One more question...we have gathered emails, facebook convos and phone
bills showing calls he made to me during time apart. I have 1 worry though, we have
only managed to collect 12 pics excluding our wedding pics. They are all
frm different occassions. My hubby hates picture, im actually surprised we
have that much. Will 20 pictures b sufficiient? This didnt worry me til i saw
someone submitted 60!!

Thanking you

As long as you have a few pics from when you started dating then the wedding,honeymoon etc. We only used about 18 pics and it was good enough. Use skype calls history if u have any. And let some friends write a love story about u 2. Confirming ur relationship.

Good luck

Post by **Directive/2004/38/EC** » Wed Apr 27, 2011 11:19 pm

You are married and have a marriage certificate to prove it. There is no need to provide photos, and I would personally not do it.

hilda84 · Post by **hilda84** » Mon May 02, 2011 12:45 pm

Hello everyone

Thank you for responses again I'm hoping you can help me out on this obstacle.

We have included tenancy agreement which states my husband is renting a double room
Which is always enough for two people. Do we need a letter from landlord saying he is happy for me to live there? Bare in mind i have submitted my bank statement as proof of cohabitation. My hubby and i lived together in the exact same house before i left England.
The landlord knew about me moving in then and was happy with it. Just never got to having my name on the contract.

I'm sure he would write the letter for us but the guy is constantly travelling. He's abroad as we speak. We are willing to wait if we have to just don't wanna wait time unnecessarily.
I hope this makes sense.

Please and thank you...

hilda84 · Post by **hilda84** » Tue May 03, 2011 9:07 pm

PLEASE SOMEONE...ANYONE.

Post by **Directive/2004/38/EC** » Tue May 03, 2011 11:49 pm

(1) You are married to an EU citizen, and you have a marriage certificate to prove it
(2) you have a passport, and your EU husband has a passport or ID card
(3) your EU husband is working
(4) you are living together

Why submit anything else? Why do you think you have to submit other things?

hilda84 · Post by **hilda84** » Fri Jun 17, 2011 7:01 pm

Hi all.

Thanks all for the help. My visa was successful and it took just 5 days.

thanks again.

Post by **Directive/2004/38/EC** » Fri Jun 17, 2011 7:38 pm

I am curious: What did you include in the application?

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