Removal direction V overstayer application!

cheryl006 · Post by **cheryl006** » Thu Mar 15, 2007 4:46 pm

I am Chinese, I have been overstaying for more than two years, but I have been living with my parterner( british) for more than two years. NOW I am served removal direction, and the flight has been booked on this Sunday!! While I have an application under the HO based on the cohabitation between me and my partner.

It tooks me nearly a week to make them aware of there is a pending application, even though, the removal is still in place for the time being. But obviously as there is a pending application, immigration service is telling me they will try to get a result from HO within A day whether grant or refuse!

questions: please anyone know if there is ANY cases which can get a result within A DAY? btw, my application was actually delivered to HO last Friday. I was reading all the stories about how long it normally takes to get the result of an outside rule application. But I don't know if there is any possibilty it can be done by noon tomorrow? Or, anyone got any idea if there is anything I can do at all?

British · Post by **British** » Thu Mar 15, 2007 5:02 pm

Hi,

Well, when did you apply for a decision? - i.e the one that is currently pending. If it was done when you had a current and valid leave to remain in this country, then I guess you will be allowed to remain here until a decision is taken, since that is what the rules are!

BUT if you had applied for a stay extension etc. after your current leave to remain in this country had expired, then i guess it might be a difficult case to win or be allowed to stay in the country.

Let us know more info on your application that is pending with HO.

cheryl006 · Post by **cheryl006** » Thu Mar 15, 2007 6:56 pm

As i stated in the start, the reason I am served removal because of overstaying. This is a long story. my visa expired oct 2004. In May 04 I gave it to an agency to extend visa for me, but I have nearly never heard since. And I have recently been informed this company went administration (I can do nothing much about it now.)By meantime, I have been living with my partner,so far it has been more than two years now. I was served temporily admission since last Nov. And then I seek legal advisor, who is my current solicitor. the application has been made based on the fact of cohabitation between me and my british partner for more than two years.

And now, as my travel document has arrived (as my passport has been stolen by the agency

), my flight consequently has been booked on this Sunday. While I have an application under HO. So this is pretty much the whole story.

So the immigration service is telling me, they will get a desicion from HO on the application whether grant or refuse. So they can put me on the plan. My doubt is how it is possible to get a desicion within A day?!!

please throw some light on if youknow anything or any idea on this situation.

ilm · Post by **ilm** » Fri Mar 16, 2007 8:46 am

I suspect you will find out very soon?

From personal experience we decided an in country application was a waste of time; a solicitor told us he would take it on, but it was going to be very costly. A solicitor told us he had been successful in the past however, I could not find any cases where someone had made a successful application. We dropped him and made the application out of country by ourselves in the end. Although quite stressful at the time we just wished we had done it sooner.

We lived together for 7 years!

cheryl006 · Post by **cheryl006** » Fri Mar 16, 2007 9:30 am

I really don't mind to make an out of country application. The only reason is to obtain entry clearance in China under this circumstance will be extremely difficult. Thought it might be more chances to apply in country. I have just called UKIS, they told me they are expecting to get a letter from HO at noon time today. If this is the case, I will be expecting a refusal or even an invalid application.

I don't personally know anyone made this type of application got success. But this is a part of the policy which is for people like me, there should be some successful cases. I wish i can be one of them, but i am not stupid to believe they will grant me today. But I have done all what I can do, I will be getting ready to go home Sunday.

ilm · Post by **ilm** » Fri Mar 16, 2007 10:34 am

I wish you all the best.

If you do intend making an out of country application make sure it is not outside any of the rules. Although settlement visas are granted for previous overstayers there is no doubt in my mind they apply the rules strictly (and it would appear they are getting stricter). I am sure they would refuse them if they could but my understanding is they are bound by the laws, which do not state the applicant was not previously an overstayer. (I have no experience of removal notice but I guess the same applies?)

That said being an overstayer does give reason for doubt about the genuineness of the application which is why applications of this kind need to be more thorough. i.e. lots of evidence. (IMO)

I assume you are also aware that living together in the UK is not valid when appying for unmarried partners. You may have to consider marriage or fiancee.

cheryl006 · Post by **cheryl006** » Fri Mar 16, 2007 11:08 am

I actually don't know living together in the UK is invalid, I don't recall see anywhere particularly states so. could you please adivse? as far as i am concern, the policy states as below.

How do I qualify to join my unmarried or same-sex partner in the UK?

any previous marriage, civil partnership or similar relationship, has permanently broken down
you have been living together in a relationship similar to marriage or civil partnership for two years or more
you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
you can support yourselves and any dependants without any help from public funds
you intend to live together permanently
your partner is not under 18, and
you are not under 18

I am not sure why living in UK doesn't count?

Docterror · Post by **Docterror** » Fri Mar 16, 2007 11:33 am

ilm wrote:I assume you are also aware that living together in the UK is not valid when appying for unmarried partners.

Ilm, I am sorry but I dont think that is quite right, unless you meant it specifically for this case only. You can apply for the UPV (Unmarried Partner Visa) after living together for 2 years in the UK as well, provided that your stay in the UK was legal,i.e- the applicant has not remained in breach of the immigration laws. Only over-stayers and illegal entry cases may not be considered for extension of remain to leave as an unmarried partner based on their cohabitation for 2 years in the UK.

cheryl006 · Post by **cheryl006** » Fri Mar 16, 2007 11:59 am

I believe there are plenty cases of overstayers get granted based on the fact of cohabitation when they were overstaying. But I do understand the black mark will definitely be always against me, or when they want to make an easy excuse to refuse. But I still believe if the relationship is genuine, it will eventually get sorted. Am I being too positive? I have been through EXTREMELY stressed SO MANY times. I wish there is something good for me in the future.

ilm · Post by **ilm** » Fri Mar 16, 2007 12:41 pm

Docterror,

Yes, I did mean for this case. As you say, the stay must be legal, and I should have said that. I was assuming it is not in this case as the visa expired in 2004 and I assumed the 2 years living together was after that.

Things may be different if a visa extension was applied for before the old visa ran out and no decision was made. I suspect it was not though as this application would also have to be resolved before the removal notice could be enforced.

cheryl006 · Post by **cheryl006** » Fri Mar 16, 2007 2:06 pm

I have been calling UKIS today so many time. One minute, they say they are aware of the application and they are waiting for a desicion. and another minute, they say they have already replied the letter as rejected?

Can enforcement team decise my application????
But I am still waiting......

cheryl006 · Post by **cheryl006** » Mon Mar 19, 2007 9:18 am

Hi, Guys

I am still here. But it doesn't mean everything is sorted. solicitor was still doing further representation for me yesterday, and he informed the HO, I will not attend the plane. And they are actually OK with it. And rebooked the flight on this Thursday. So I have an option, either I am going on thursday and seek entry clearence, or I can seek judicial review from here, and wait to see where it will go.

Judicial Review will be a really long, costly and stressful process. If the court issues the pemission, HO has to review the case and make a decision again, but they can always make the same decision. If they makes the same decision, the final hearing will be in place.

Entry clearence, as you know, i will be having difficulty, due to the fact of overstaying. If it gets refused, going through appeal is a long and stressful as well. But our relationship is genuine and strong. I don't know why it seems so hard for me just to live with my partner?!

Or am I being too Pessimistic?

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Removal direction V overstayer application!

Removal direction V overstayer application!