Re: Overstayer since 2004

jaani · Post by **jaani** » Wed Mar 21, 2012 2:32 pm

Hello
What documents do you need when applying for discretionary leave if you are in a relationship with someone in the uk, relationship has passed a year, some proofs like pics from last april and emails from last march, not married and you can not go back to your home country and claiming asylum was not an option ?

Obviously we want to marry as we are in love but if we do marry in the uk then there is a strong chance he will have to leave the country

if we marry in his home country there is a strong chance we will be refused under 320 11, I have kids here and can not leave the country to live with him in his home country...also we cant go to his family home..we would be on our own marrying over there so its better if we could marry here..anyway..

another issue is that he has been disowned by his family so cant actually go back to his own country...its to do with money and his share
any similar stories, suggestions would be much appreciated.

I know he has had his fingerprints taken and had to pay a fine, other than that no doucumentation..

quantum1 · Post by **quantum1** » Wed Mar 21, 2012 5:09 pm

What is your own immigration status in the UK?

diggingdeep · Post by **diggingdeep** » Wed Mar 21, 2012 6:44 pm

Do you child together? I think you might have a chance with article 8 or may be discretion leave. Read more about those two above options.

You will need to discuss your option with comptent immigration advisor.

JohnM · Post by **JohnM** » Wed Mar 21, 2012 9:16 pm

This is not abuse, this is just my personal opinion. I don't think Britain will remain tolerant society if it will allow to stay those who break immigration laws and try to find loopholes all the time.

legalalien · Post by **legalalien** » Thu Mar 22, 2012 1:39 am

I agree with you John in terms of principals...but you do not know the persons full background to jump into conclusions.
Jaani I suggest you seek legal advice as your case is complicated

JohnM · Post by **JohnM** » Thu Mar 22, 2012 3:44 am

[iD] · Post by **[iD]** » Thu Mar 22, 2012 4:21 am

Since when judging people is allowed on this forum?

jaani · Post by **jaani** » Thu Mar 22, 2012 9:25 am

haha haaaaaaaaa
to thos e unhelpful replies

my status is I am BRITISH

we do not have a child

pls do not respond to my post if you are dearly beloved or judgemental

the case is not that complicated as many overstayers get their foot in the door here into the uk...

COME ON GUYS ...

oh by the way i can not leave this country as I am British again i repeat.

quantum1 · Post by **quantum1** » Thu Mar 22, 2012 1:53 pm

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

His status makes it almost impossible unless he regularises his stay by leaving the country, and applying from abroad. Honestly its your business, but the reasons for not doing this in home country do not sound credible. All these assertions will have to be proved verifiably in any application.

jaani · Post by **jaani** » Thu Mar 22, 2012 1:59 pm

well you are wrong, we can actually marry in this country and he could go back home and apply so nothing can stop us from marrying in this country legally even though he has no status as I have been told this by an immigration lawyer..thanks for the link but again, its not relevant to this apart from that he cant switch his visa category, well that has expired a long time ago and as for credibility its not by word its by proof so not sure if anyone can answer helpfully..good luck

quantum1 · Post by **quantum1** » Thu Mar 22, 2012 2:49 pm

thanks for the link but again, its not relevant to this apart from that he cant switch his visa category, well that has expired a long time ago and as for credibility its not by word its by proof so not sure if anyone can answer helpfully

In the link there is information on the eligibility requirements to apply for this visa. There is also a link to the documents required which I repeat here.

http://www.ukba.homeoffice.gov.uk/visas ... documents/

well you are wrong, we can actually marry in this country and he could go back home and apply so nothing can stop us from marrying in this country legally even though he has no status as I have been told this by an immigration lawyer

Yes it is true that you can marry in this country. It however carries risk as the UKBA always tries to disrupt marriages of people without immigration status with the intention to deport as they suspect it could be a marriage of convenience. Also being married does not result in entitlement as your husband would still need to apply for a spouse visa. This will not be granted automatically and he will still need to meet the requirements of the visa which will be difficult if his immigration status is not regularised.

If you get good immigration representation you can appeal on human rights and represent your situation more strongly. However this will likely take a long time, maybe a year with a small chance of success when instead your partner can apply from home country and have the issue resolved within a month.

jaani · Post by **jaani** » Thu Mar 22, 2012 3:33 pm

I dont think this information is correct as to one month from his country
elaborate ?

bob-russell · Post by **bob-russell** » Thu Mar 22, 2012 5:36 pm

Yes you can marry in the UK.
He would normally be required to leave the UK and apply for a settlement visa in the normal way.
In principle I believe it should be done this way.
Most of us have jumped through hoops and paid out fortunes to do things properly.
Get professional advice. If there are mitigating circumstances then discretionary leave may be granted.
If not then your fee will be lost and there is a long appeals process to go through.
It is true we don't know the full circumstances so specific judgement should not be made but in general break the rules and pay the price if you get caught.

jaani · Post by **jaani** » Fri Mar 23, 2012 9:50 am

thats judgemental
He did not break the rules as such and he is not trying to look for a loophole which is why this subject is being broached, we are looking at the best options for us as a couple due to us being in LOVE..
we do not believe in the governments help finacially, Im sure unlike others in this country, there are some of us that work hard and we do not want a loophole even though there are loopholes, we want our case to be resolved in its true light which is not a matter of break the rules and pay the price, another unhelpful answer i would say...

next..........

JohnM · Post by **JohnM** » Fri Mar 23, 2012 9:53 am

next..........

How rude...

jaani · Post by **jaani** » Fri Mar 23, 2012 9:55 am

who is rude you ? looks like ...

joh892 · Post by **joh892** » Fri Mar 23, 2012 11:30 am

I think Jaani is playing around here and not asking genuine questions! If you know the answer why ask in the first place. You dont seem to appreciate the suggestions from others nor give a full account of this overstayer to enable those helping to offer proper advice!

jaani · Post by **jaani** » Fri Mar 23, 2012 12:10 pm

unfortunately your assumptions are wrong, the question is clear and has been asked but if you and others are not helpful in responding then that is your frustrations and its better not to reply in posts unless you have something helpful to say, its a waste of my time.

Next.......

joh892 · Post by **joh892** » Fri Mar 23, 2012 1:33 pm

Who is wasting whose time here! I guess you are the one wasting other people's time.

Simple clarification like why did this person overstay, why can't they go back to their country to apply for a UK visa would be helpful to understand your case.

Obviously its reasonable to ask why this person overstayed whereas they know its would be illegal to do so! All you are doing is trying to justify or legalise this persons illegal stay in the UK by 'marrying' him/her just like many other people are doing - buying marriage to legalise their stay in the UK.

If you truly want genuine and correct advise on this forum I think you need provide all the facts otherwise speak to solicitor!

jaani · Post by **jaani** » Fri Mar 23, 2012 1:46 pm

You are wasting your time and also
its no point u replying to be judgemental look at your own problems first before you even comment on anyones topic post

jaani · Post by **jaani** » Fri Mar 23, 2012 2:00 pm

I am going on HOLIDAY...so I will check back after a week or two, perhaps someone may be HELPFUL in response....without being judgemental.

JohnM · Post by **JohnM** » Fri Mar 23, 2012 7:55 pm

Obviously its reasonable to ask why this person overstayed whereas they know its would be illegal to do so! All you are doing is trying to justify or legalise this persons illegal stay in the UK by 'marrying' him/her just like many other people are doing - buying marriage to legalise their stay in the UK.

Could not agree more.

joh892 · Post by **joh892** » Sat Mar 24, 2012 1:11 am

I hope you are not travelling abroad with the overstayer because he/she will not be allowed back in!

LankanFunkin · Post by **LankanFunkin** » Sat Mar 24, 2012 1:01 pm

jaani wrote: He did not break the rules

Didn't he over stay his visa?

Jaani, many of the regulars on this ILR board are Tier1/2 -> ILR or Long residency -> ILR, so I dont think you will get anything out of this forum besides a few well intended suggestions. Its best that you work with an immigration lawyer to get this matter resolved.

Good luck.

Next!

JohnM · Post by **JohnM** » Sun Mar 25, 2012 12:38 pm

Good luck.

Next!

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Re: Overstayer since 2004

Re: Overstayer since 2004