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overstayer, spouse visa

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amy01
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Posts: 19
Joined: Mon Sep 19, 2011 10:51 am

overstayer, spouse visa

Post by amy01 » Mon Sep 19, 2011 11:19 am

Hi, this is my first post so please bare with me.
I'm in desperate need of advice.
I'm a born british, my husband is Indian. He is an overstayer... nearly 7 years in uk.
He was caught in 2004 and asked to return by himself but did not as he was in trouble over in india.
I met him 3 years ago through friends and lived together for 2 years before coming to india in march this year to get married. We married on may 18th and applied on 6th july as we had to wait along time for our marriage cert.
We have all our documents and a sloicitor who helped put our documents together.
I have now found out after being ill for a while that I am pregnant. I have been in india with my husband all this time and had my 6 month stay extended but need to get home quick as I am not able to eat properly here and need to get my routine checkups dones.
Biggest problem is that I have no family to help me over there as they have not accepted my marriage and as I'm going through a tough pregnancy and need someone with me at all times I'm staying here where my husband can look after me..living over there by myself is going to be hard.
Its been 10 weeks now, I'm just scared they will refuse and waste more time! I'm going through a lot of stress now although. What do you guys think? Can they refuse him? I have proof of our 2 yrs together, bank statements of my business, tax docs, housing report, my file weighed 5 kg when I bought it over. Please help

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Sep 19, 2011 2:54 pm

If the application form asks for information regarding previous overstay and the same has been disclosed then having overstayed in the past is not a reason that the application can be refused on (320(7C)).
Last edited by geriatrix on Mon Sep 19, 2011 2:59 pm, edited 1 time in total.
Life isn't fair, but you can be!

amy01
Newly Registered
Posts: 19
Joined: Mon Sep 19, 2011 10:51 am

Post by amy01 » Mon Sep 19, 2011 2:58 pm

See my solicitor said that our case is strong I have 95percent of documents needed. But he said there's only one thing they can try to refuse u on and that's overstaying.

U have put my mind at rest now thank you.

vinny
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Posts: 33219
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Sep 19, 2011 3:39 pm

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.

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