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SPOUSE VISA AND OVERSTAY PLEASE HELP!!!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

vinny
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Post by vinny » Tue Apr 12, 2011 10:30 pm

See also Doing the right thing? and advice.

Another success with spouse application from aboard.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

geriatrix
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Post by geriatrix » Wed Apr 13, 2011 12:27 am

vinny wrote:Another success with spouse application from aboard.
One more.
Life isn't fair, but you can be!

beauitful65
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Re: SPOUSE VISA AND OVERSTAY PLEASE HELP!!!!

Post by beauitful65 » Mon May 16, 2011 10:59 pm

Hello I was reading about sticky's problems and it reflects my own, i came here to ask for help with the same problem although minds is a little different. I am from the UK and my husband is from Jamaica we were married in 2009, my husband is now applying for his visa to join me in the UK, my husband overstayed in the UK for five years he was removed in 2008,my worry is will that hinder his visa? We are not using lawyers to help us i am using the information from the board to put my papers together but i was asked to seek legal advice on the overstaying part, next will there be a problem in the time we take to sort out his visa, I have a everlasting headache about things going wrong please please can someone help me out. Thank you
mochyn wrote:
katiebridges87 wrote:hello all,
this is my first post so please bear with me.I am a british citizen who recently married my wonderful husband(13th dec 2009) in his home country of st.vincent.

We posted our online visa application just after and he had an interview and his biometrics done on 22nd december,we then recieved an email from the british consular based in N.Y on Jan 5th stating they had recieved his application and it would take up to 20 working days to process.

The issue is my husband has been an overstayer in the U.K since 2006,he has been honest about this in his application and even showed he has been working full time(and paying taxes might i add!)for that time.does anyone know how this will affect his visa application?im really worried he will be refused and we have a 3 and a half year old son and one on the way!!(we sent evidence of my pregnancy to them also)

thanks in advance
All that worry for nothing, if you are British citizen and your spouse applies from overseas there is no way the Home Office will refuse you if you have family in the UK.
I understand the concern as you have to leave your family and exit the UK and you are worried that you might not be allowed back in but as you can see it was very quick

balujai10
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SPOUSE VISA AND OVERSTAY PLEASE HELP!!!!

Post by balujai10 » Mon May 23, 2011 5:10 am

Hello,

I had returned from the UK three years ago due to my mum being terminally ill. I had overstayed my student visa and was trying to get married and stay on their. But things turned out that I could not find a suitable bride and it just didn't work out. As long as I was their I studied and worked , paying taxes as other did. After my studies I continued to work and still payed my taxes duly to the government. But now that I back in India I have got a proposal from one of the families in Briton for marriage. I would like to know weather their would be any major issues with the home office granting me a spouse visa. (As I collect I left the country on my own accord and inc-cured no extra cost to the government. Also that I have been paying my taxes like any other worker and did not evade from it , by working for cash in hand jobs. Please do not be of the notion that I am trying to justify my point. What I did was wrong at the end of the day.)
I have gone through various forums and found that it is a period of three years which they say that you cannot go back if you have over stayed your visa.(Provided that you have left the country by yourself)

Please advise me on how I should go about things as I want to get this right this time and be a law abiding citizen now on.
Your views and advises will be much appreciated.
Thank you for taking the time to go through my problem and advise me.
______________

mochyn
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Post by mochyn » Mon May 23, 2011 6:17 am

Are you now in a relationship with someone who has the right to live in the UK and is that person going to your country to marry you?

balujai10
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Post by balujai10 » Mon May 23, 2011 6:20 am

Yes .
She has been over to India a couple of times and we are looking to tie the knot soon. I am really hopping everything sails smoothly , as do not want my bride to be stress about this.!!

sally12345
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Re: SPOUSE VISA AND OVERSTAY PLEASE HELP!!!!

Post by sally12345 » Thu May 26, 2011 10:04 am

beauitful65 wrote:Hello I was reading about sticky's problems and it reflects my own, i came here to ask for help with the same problem although minds is a little different. I am from the UK and my husband is from Jamaica we were married in 2009, my husband is now applying for his visa to join me in the UK, my husband overstayed in the UK for five years he was removed in 2008,my worry is will that hinder his visa? We are not using lawyers to help us i am using the information from the board to put my papers together but i was asked to seek legal advice on the overstaying part, next will there be a problem in the time we take to sort out his visa, I have a everlasting headache about things going wrong please please can someone help me out. Thank you
mochyn wrote:
katiebridges87 wrote:hello all,
this is my first post so please bear with me.I am a british citizen who recently married my wonderful husband(13th dec 2009) in his home country of st.vincent.

We posted our online visa application just after and he had an interview and his biometrics done on 22nd december,we then recieved an email from the british consular based in N.Y on Jan 5th stating they had recieved his application and it would take up to 20 working days to process.

The issue is my husband has been an overstayer in the U.K since 2006,he has been honest about this in his application and even showed he has been working full time(and paying taxes might i add!)for that time.does anyone know how this will affect his visa application?im really worried he will be refused and we have a 3 and a half year old son and one on the way!!(we sent evidence of my pregnancy to them also)

thanks in advance
All that worry for nothing, if you are British citizen and your spouse applies from overseas there is no way the Home Office will refuse you if you have family in the UK.
I understand the concern as you have to leave your family and exit the UK and you are worried that you might not be allowed back in but as you can see it was very quick


I have sent you an email x

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Casa
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Post by Casa » Thu May 26, 2011 12:59 pm

You'll have to submit a strong application showing that this is a genuine relationship and not a marriage of convenience as a means of returning to the UK.

masrawykansai28
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Post by masrawykansai28 » Sun Jun 26, 2011 2:10 pm

Hi, i read your message that you need help about a spouse visa and over stay. Maybe i can help you with that. I recommend to you this site. Before i inquire green card usa and they help me with that. Maybe this site will help you with spouse visa. I also recommend this site to anyone.

dragon085
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spouse visa after overstay

Post by dragon085 » Sun Jul 03, 2011 7:51 pm

first off thank you everyone for the info and advice. i just want to share my experience.
i went to UK on student visa in 2001 and studied till sep 2009.
after sep 2009 i overstayed my visa till Dec 2010.

i met my partner in august 2010. i came back to my home country in dec 2010. we got married in jan 2011 and applied for spouse visa in feb and got spouse visa in may 2011.

i left UK on my own expenses. did not used any fake id's or passports etc in UK. i mentioned in my application that i left UK voluntarily. all other paper work that we submitted was what was specified in guidance notes of application form. my partner has got indefinite leave to remain in UK.

autumn489
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Re: spouse visa after overstay

Post by autumn489 » Thu Sep 29, 2011 1:32 pm

dragon085 wrote:first off thank you everyone for the info and advice. i just want to share my experience.
i went to UK on student visa in 2001 and studied till sep 2009.
after sep 2009 i overstayed my visa till Dec 2010.

i met my partner in august 2010. i came back to my home country in dec 2010. we got married in jan 2011 and applied for spouse visa in feb and got spouse visa in may 2011.

i left UK on my own expenses. did not used any fake id's or passports etc in UK. i mentioned in my application that i left UK voluntarily. all other paper work that we submitted was what was specified in guidance notes of application form. my partner has got indefinite leave to remain in UK.
My case is a bit complex.

My fiance has applied for his Fiancee Visa from Mumbai South on 22/08/2011. He was previously in the UK but had to leave as his Work permit application was refused on grouds of deception as he was one of those guys who got duped in the CCOL scam in 2009.

He left on his own within 28 days of refusal.

We are in a relationship since Jan 2011 and have decided to get married this Oct. I am just worried that his previous refusal might affect our current application.

We love each other so much and cannot bear the separation. We have done our best to prove our relation is genuine and that we want to stay together.

Its been 28 working days since his application and still now news.I guess this is going to be one long battle for us.

Praying to GOD that his visa comes through before Oct as we having our wedding date on 31st October.

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overstay problem or not?

Post by Mangkorn » Mon Oct 03, 2011 2:06 pm

My wife was refused a settlement visa in Jan. 2011. One of the reasons was that she had overstayed. She had not. She left on the last day of her entitlement.

We later appealed the UKBA at tribunal, appeal allowed but we still have not visa 4 months later!

You were very luck to have the visa granted, your husband being an overstayer.

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