Spouse visa - Complicate case

[M999]

Hi! Fist of all I want to wish a happy new year to all members of Immigration Boards.
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Now my case;
I've overstayed my tourist visa for 3 years.
I (brazilian) met my wife (English) about 2 years ago then we got engaged last year.

Our plan was to go back to Brazil then get marry and aplly from there.
However COA was abolished last year, then we decided to take the risk and marry here for some reasons ( money, her family couldn't afford go to Brazil and etc)

We got married in a hotel in December, it was amazing, big wedding with all my friends, hers and family.

I was really scared because I made big mistakes using fake documents to get work in UK while I was illegal. I know overstaying doesn't give you loads of troubles as using fake docs does. (unfortunately I can't change this)

Now I'm going back to apply and started put all supporting documents together. We've got strong proofs of relantionship and I'm doing a quite good application.

I'm doing a good timeline of our relantionship from dating time to pos wedding e.g (our first photo, old facebook comments, email, engagement ring invoice, cards from my family congratulating our engagement, all emails we had exchanged about wedding venues, wedding pics, wedding invoices, letters from the hotel we got married, plenty of wedding cards, marriage certicate, honeymoon pics and invoices, x-mas cards and pictures)

I took advice and decided that the best thing to do now is be completely honest.


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My questions:

1 - Where do I tell them I used a fake document? Shoul I write a letter? I can't see any option on the form
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2 - On the VAF4A there are some question about Employment.

5.1 What are your current personal circumstances?
I'm working now but by the time I submmit my application I won't be anymore.
I've crossed unemployed. is that ok?
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3- Pevious Applications and travel history
6.8 Do you have a UK National Insurance number?

I used a fake one. I don't know how they have taken taxes all these years.

I've crossed NO. As the one I used is not real. Is that ok? shoul I tell everything because they don't really ask?
I will write a letter telling that I left UK voluntarily anyway.

The others questions I've aswered honestly
6.1 Have you travelled to he UK in the last 10 years
I've crossed Yes and the date I arrived in UK, my visa categorie and how long I stayed (3 years)

6.5-I have not been refused entry on arrival to the UK
6.6-I have not been deported
6.7-I have not mad an application to the Home Office to remain in the UK
6.9-I don't have any criminal convictions in any country
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4 - My wife gets a quite good money(around £1700.00) working for government for more than 2 years.
However she had a student overdraft back in the time she was student which she has not paid yet because she can keep it around one more year.

Our income is fine as we have no more than £700 going to bills but when I tried to print her statements it comes out with a Minus due the overdraft.

Even though she has £1.000 it will show (-) the overdraft, so she has the money available but the balance is (-)

Will it be a problem? We will go to the bank and get a letter from them explaining that it's a student overdraft and she doesn't have to pay it now.

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5 Will the fact we got married in UK while I overstayed damage my application?

For one side I know it will be easier as I don't have to translate anything but I am a bit scared they will think I acted bad doing that.
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That's it guys, sorry for the long post but I had to explaing all situation to get a genuine feedback from you. Any help will be appreciate.

I'm just about to get on a plane and be away from my wife, I really doing everyting to make it as simple as possible. I know I have a complicated case but I'm doing all by myself by reading and getting feedback.

Happy 2012 to all.

[Lucapooka]

This is your biggest concern:

http://www.ukba.homeoffice.gov.uk/polic ... /rfl/rfl7/

[M999]

Thanks for replying Lucapooka.
I've read the Frustrating the intentions of the Immigration Rules and I'm aware my visa can be refused.

However I want to make my applicantion as good as possible, is there anything I could do to make my application stronger? should I write this letter apologizing for it?
Or will be just apply and see what will happen?
Because I really don't want to live with my wife in Brazil.
Thanks.

[ruskcake]

Thanks for replying Lucapooka.
I've read the Frustrating the intentions of the Immigration Rules and I'm aware my visa can be refused.

However I want to make my applicantion as good as possible, is there anything I could do to make my application stronger? should I write this letter apologizing for it?
Or will be just apply and see what will happen?
Because I really don't want to live with my wife in Brazil.
Thanks.

I dont understand something. You are married now. So why do you want to leave the country? Or to put it another way "if you were not married you would not have decided to leave the country?"

You know I was laughing to myself when I read your post especially the line "because i really dont want to live with my wife in Brazil". For me that sums it all up! You married so that you can stay in the UK otherwise you dont want to know her.

In my opinion to advise you in any way to gain legal status in the UK is ethically wrong.

[Kitty]

ruskcake, might the OP not prefer to make an application within the Immigration Rules from overseas instead of chasing DLR that may or may not be granted in-country some years down the line?

He appears to have been open in his posts about his immigration history.

Although the sentence you have seized on ("...i really dont want to live with my wife in Brazil") is either in another thread or has been edited, I wouldn't think it unreasonable to understand it as meaning that the OP would simply prefer his family life to be in the UK. Presumably English is not his first language.

I don't see the "ethical" problem.

[M999]

Hi Kitty.
What you pointed is right. My english sucks sometimes.

I don't want be in Brazil because will be much harder for us as I'm adapted to UK and have many contacts here, once I get my visa I can get a good job as a webdesigner. My wife doesn't speak portuguese and could be hard to get a job over there.

I prefer to make an Outside application instead an Inside.
Based on what I read I could not switch my visa from tourist to spouse anyway.
Is that possible? if there is I know it will be slower and expansive.

But to be honest I'm getting really scared, if they refuse my visa I will be away from my wife and I don't have back up plan. I really want to get the visa and get a new starte.
Living illegaly is tough, we want to have a baby and move city but I feel stuck not having a visa.

Could someone give any advice as new year present?

Many thanks.

[syma]

i think you should use the section 9 of teh VAF4 form to provide all the addiotional information that you want to regarding your overstay and fake documents.
as you know they can not possibly refuse you a spouse settlement visa for overstaying, its the fake documents that will lead you into trouble. your best chance is to be as honest as possible, they might refuse it the first time round but i can see you getting a visa after the appeal process.
good luck to you and let this be a lesson learnt that you shoud not do anything whether it is illegal or immoral becuase it can undermine your family circumtances as a result.

[Casa]

If you attempt to hide the fact that you haven't been working in the UK the Entry Officer will want to know how you've been financially supporting yourself during your time there. Tell the truth.

[enigma321]

Im not expert but I would seriously get some advice from an immigration lawyer.

When applying and using fake documents it can lead to upto a 10 year ban from applying again to the UK for a Visa. If this happened then you would have a lot of issues.

[M999]

your best chance is to be as honest as possible, they might refuse it the first time round but i can see you getting a visa after the appeal process.
good luck to you and let this be a lesson learnt that you shoud not do anything whether it is illegal or immoral becuase it can undermine your family circumtances as a result.

This is the problem, how could I argue against a refusal over fake documents? not much to explain.

Thanks man, surelly I've learnt from this. I don't even try to give cheap excuses about it. It's a big mistake and now I may pay for that.
I arrived here as tourist, my inicial plan was to work and save some money then go home.

Things got really complicated and I couldn't get a job without paper, no money to pay the rent and bills I took thedecision to get away from the situation. Back there I could not imagine I would get marry here have a family etc.

But now is done, I will seek professional help on this one. However this post has more than 100 views, please guys, just give some advice, don't be shy

[Innersource]

oi M999, eu me casei recentemente tambem, , uma situacao parecida mas nao completamente, eu tambem estava ilegal, e tive documento falso, mas eu me casei (civil partnership no caso) com cidadao europeu e estou ciente de que as regaras sao bem diferentes pra quem se casa com britanico, eu recebi meu residence card 3 meses depois que enviei minha aplicacao, mas nao foi mencionado nada a respeito de ter trabalhado ou adquirido doc falso, eles nao questionaram nada tambem, meu processo foi feito atraves de um solicitor, o meu problema agora e ir ao H&M revenue pra adquirir um national insurance number genuino, ja que eles fazem uma entrevista e meu historico pode estar registrado. Boa sorte. tudo vai dar certo, procura um solicitor e a melhor forma de esclarecer suas duvidas.

[mochyn]

oi M999, eu me casei recentemente tambem, , uma situacao parecida mas nao completamente, eu tambem estava ilegal, e tive documento falso, mas eu me casei (civil partnership no caso) com cidadao europeu e estou ciente de que as regaras sao bem diferentes pra quem se casa com britanico, eu recebi meu residence card 3 meses depois que enviei minha aplicacao, mas nao foi mencionado nada a respeito de ter trabalhado ou adquirido doc falso, eles nao questionaram nada tambem, meu processo foi feito atraves de um solicitor, o meu problema agora e ir ao H&M revenue pra adquirir um national insurance number genuino, ja que eles fazem uma entrevista e meu historico pode estar registrado. Boa sorte. tudo vai dar certo, procura um solicitor e a melhor forma de esclarecer suas duvidas.

me no unnerstan

[Casa]

Innersource applied as an overstayer under EU regulations which aren't relevant to this case.

[Greenie]

6 posts so far and this is all you have done is advertise a firm - don't work for them by any chance do you?

[Casa]

Member banned now Greenie...thanks

[M999]

oi M999, eu me casei recentemente tambem, , uma situacao parecida mas nao completamente, eu tambem estava ilegal, e tive documento falso, mas eu me casei (civil partnership no caso) com cidadao europeu e estou ciente de que as regaras sao bem diferentes pra quem se casa com britanico, eu recebi meu residence card 3 meses depois que enviei minha aplicacao, mas nao foi mencionado nada a respeito de ter trabalhado ou adquirido doc falso, eles nao questionaram nada tambem, meu processo foi feito atraves de um solicitor, o meu problema agora e ir ao H&M revenue pra adquirir um national insurance number genuino, ja que eles fazem uma entrevista e meu historico pode estar registrado. Boa sorte. tudo vai dar certo, procura um solicitor e a melhor forma de esclarecer suas duvidas.

Innersorcem, obrigado pelo comentario mas como Casa disse, o seu caso foi diferente do meu porque voce aplicou sobre EU laws. Tambem nao correria o risco de mentir e acabar complicando tudo.

[M999]

After professional advice probably I will move to Ireland and apply for family member. we have decided that it will be the best thing to do as will not keep me away from her.
After that we will see whether to go back to UK or stay in Ireland.

Dos anyone knows where can I get information about applying to Ireland?
Could I apply being illegal in UK or it will be better if I apply from Brasil?

Thanks a lot