Pls help can I apply for spouse visa in uk

lillypeters · Post by **lillypeters** » Mon Dec 03, 2012 9:03 am

Hi all, my sister is married to a settled person and they have 3 kids. Her oldest is 7 and they where all born in uk. The kids have also been registered as British citizens.

But my sister has been an overstayer for 7 years now. She does not want to go to her home country to apply for spouse visa because of her kids and husbands demanding career. Is there anyway she can sort out her papers in uk, without having to go through the 10years family route.

gollywood · Post by **gollywood** » Tue Dec 04, 2012 12:03 am

lillypeters wrote:Hi all, my sister is married to a settled person and they have 3 kids. Her oldest is 7 and they where all born in uk. The kids have also been registered as British citizens.

But my sister has been an overstayer for 7 years now. She does not want to go to her home country to apply for spouse visa because of her kids and husbands demanding career. Is there anyway she can sort out her papers in uk, without having to go through the 10years family route.

From which country?

lillypeters · Post by **lillypeters** » Tue Dec 04, 2012 8:55 am

Does it really matter which country, I did not know that there are different rules for different countries.
Anyway thanks for reading.

Post by **MPH80** » Tue Dec 04, 2012 9:58 am

I think the point of the question was to ascertain whether or not it would be safe for her to return home.

The short answer is, I think, no there isn't.

M.

lillypeters · Post by **lillypeters** » Tue Dec 04, 2012 10:14 am

Ok now I appreciate the question. She is from Nigeria while her husband is from India.

Post by **Casa** » Tue Dec 04, 2012 11:17 am

She need to take legal advice. The new regulations are tougher for overstayers.

lillypeters · Post by **lillypeters** » Tue Dec 04, 2012 12:03 pm

Hi could you elaborate further. What do you mean by that the new rules are tougher for overstayers. Her husband and kids are all British.
Is it difficult for her to do it here or going back to her home country, which one are you referring to.

Post by **Casa** » Tue Dec 04, 2012 6:28 pm

I'm referring to the removal of Discretionary Leave which was an option before the new regulations were introduced...which is why I suggested she seeks legal advice.

lillypeters · Post by **lillypeters** » Tue Dec 04, 2012 7:31 pm

Thanks casa, for your response. What if she decides to go to her home country to apply for spouse visa from their will that be a better and more realistic option.

gollywood · Post by **gollywood** » Tue Dec 04, 2012 11:19 pm

lillypeters wrote:Does it really matter which country, I did not know that there are different rules for different countries.
Anyway thanks for reading.

I was only asking to establish how 'safe' the country was. With the attitude you've shown, I'll give this a thread a miss!

lillypeters · Post by **lillypeters** » Wed Dec 05, 2012 8:48 am

You can give it a miss if you please. I had earlier on pointed out my reasons for the response. I am sure there might be some people out there who might have something positive to contribute.

summerlady · Post by **summerlady** » Wed Dec 05, 2012 11:39 am

I stand to be corrected, but I believe the new rules are tough on overstayers like the previous op had stated.
You said she is from Nigeria, I don't think there is anything that stops her from going to apply from her country.
However if she decides to still apply from within the uk, I do not think she qualifies under any immigration category. Also the discretionary leave is no longer in existence. However nothing stops her from applying under the family migration route, the success of it is now another issue.

I hope other senior members will be able to give you more advice.

KayBernsL · Post by **KayBernsL** » Thu Dec 06, 2012 10:27 am

Just some Advice,
There is no need for attitudes here. We all seek advice and additional guidance when we post issues here. Unfortunately the attitude for the poster of this issue (Iam sure) put off many.
However, I have a cousin who overstayed for 6 years. left the UK Voluntarly and went back to my country - Uganda and married. applied for marriage visa and was granted. He is now back and doing his original job he was doing before. He is a professional bytheway. Only difference here is that Wife was from Uganda and Guy from Uganda hence no easy suspicion of fraud. Girl had IL.
Hope whatever decision you take (especially with legal guidance) helps.
GOODLUCK

KayBernsL · Post by **KayBernsL** » Thu Dec 06, 2012 10:30 am

Just a suplement above ....
They already had 3 kids before he left the UK.
Cheers

lillypeters · Post by **lillypeters** » Thu Dec 06, 2012 12:30 pm

Thanks for your comments so far. KAYBErnsl, pls can you let me know how long ago this was. And the information is for my sister in law.

I know there are new laws regarding overstayers now and it could affect spouse visas.

Post by **Casa** » Thu Dec 06, 2012 3:22 pm

She also needs to consider if she applies from outside of the UK whether her sponsor will meet the new regulations regarding the minimum finance level.

lillypeters · Post by **lillypeters** » Thu Dec 06, 2012 7:35 pm

Thanks casa, but am sure meeting the new financial regulation will not be a problem. The only problem we envisage and require someone to throw some light on is the rules relating to overstayers in UK.

will it affect the spouse of a settled person.

Post by **Greenie** » Thu Dec 06, 2012 10:18 pm

She will not be able to get leave under the 5 year route, she will only be able to get leave under the 10 year family life route (that is if ukba or a judge thinks it would breach her article 8 rights to have to leave the UK)

lillypeters · Post by **lillypeters** » Fri Dec 07, 2012 12:36 pm

Thanks, greenie for commenting. What are her options if she goes back to her home country to apply, so that she can get a 5 year spouse visa.

We are worried about her overstaying and the new rules. Do you think it will pose a problem for her.

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Pls help can I apply for spouse visa in uk

Pls help can I apply for spouse visa in uk

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