spouse visa refused due to overstayed

Jeff Albright · Post by **Jeff Albright** » Fri May 25, 2007 1:06 pm

chrissy wrote:Hi
I spoke to someone earlier on this week and they suggested that I should try getting a new passport and applying for my spousal visa using it. However I am a bit skeptical. Can anyone advise whether this is a good idea or not?

What difference will it make? Why do you think you will need a new passport?!
You are still asked in your VAF form if this is your first passport. I would say it is daft to think that by obtaining a new passport one will be able to hide immigration records, particularly adverse ones, if this is what you have in mind. Cross-checking and linking your details in UKVisas PROVISO system with the Home Office records, particularly WI, PNC has now become a matter of seconds now.

Why don't you just go ahead and keep it simple? You have lived in this country for quite a long time and you are aware that honesty is always valued here. If you are honest with people, they will be honest to you in return and will try their best to help you.

Make the ECO's job simple. Fill out the application form fully, answer all the questions and explain your circumstances. Give all the information you are asked for, not more, not less. You will then get your visa without any issues.

chrissy · Post by **chrissy** » Fri May 25, 2007 1:24 pm

Jeff, thanks for that very thorough response. As stated in the question, I was skeptical about using a new passport for the very same reasons you have put forward. Just thought to ask to get a second opinion.

Thanks anyway.

chrissy · Post by **chrissy** » Mon May 28, 2007 1:03 pm

Jeff, out of curiosity, how would the home office be able to tell that one had overstayed if a new passport is used, and there is not record as to when the person actually left the UK? I am not familiar with the abbreviations WI and PNC?

(Please note that I AM going to apply in the honest way, as I wouldnt want to jeopardise the application by falsifying information and then getting caught out. I would just like to win an argument.

)

Jeff Albright · Post by **Jeff Albright** » Mon May 28, 2007 5:54 pm

You don't have to be curious about these things if you want to get everything done for your own benefit.

Other than that you are probably aware that airlines have been obliged to transmit all the passengers' details leaving the country to the Immigration Service for the last few years.

I do not want to say that they will certainly pick out your previous records out but if they do, you will face problems. So why making things complicated?

WI - Warnings Index
PNC - Police National Computer

chrissy · Post by **chrissy** » Mon May 28, 2007 7:07 pm

Thanks for that info Jeff. Like I said I will not be falsifying any information. The risk is way too great.

Once again, thanks alot.

chrissy · Post by **chrissy** » Tue Jun 05, 2007 9:12 pm

Hi

Could anyone advise me if travellers cheques can be used as supporting evidence of us being able to support ourselves, if submitted with the application along with bank statements?

Thanks

Wanderer · Post by **Wanderer** » Tue Jun 05, 2007 9:16 pm

chrissy wrote:Hi

Could anyone advise me if travellers cheques can be used as supporting evidence of us being able to support ourselves, if submitted with the application along with bank statements?

Thanks

How can that be? As savings presumably but I can't see how they can be used as evidence of being able to support urself, since they aren't really regular income.

Why not cash them anyway?

chrissy · Post by **chrissy** » Mon Jun 18, 2007 2:11 pm

Hi everyone,

Could anyone advise me on what to include in my covering letter, especially with regards to my overstay? I am not sure how to address this issue.

Thank you

chrissy · Post by **chrissy** » Tue Jun 19, 2007 10:08 pm

Can anyone help?

jamalkhan · Post by **jamalkhan** » Wed Jun 20, 2007 1:07 am

In my opinion you should write an appology letter
Begin with the straight sorry that you over stayed.
Then state the reason why you did so
Then exaplain emotionally how important it is for you to come back

Jeff Albright · Post by **Jeff Albright** » Wed Jun 20, 2007 8:57 am

You should NOT write an apology letter! You do not owe any apology to the ECO.
What you should write is to explain the situation clearly what happened and why.

This topic has been discussed many times already - all you have to do is to browse the forum and find the topics of the relevant subject. Tips and hints have been given. However, no one will tell you exactly how to write a letter. If is down to you to think your case out and present it. If you are unable to do it yourself with sufficient confidence, it is unlikely you will be successful.

chrissy · Post by **chrissy** » Wed Jun 27, 2007 2:41 pm

Its me again,

! Sorry to be a pain, but I would just like to make sure that I am being as thorough as I possibly can in preparing our application, which by the way should be put in within the next two weeks.

So far we have got:-

1. My husbands bank statements since Nov 06

2. A letter from both his employers, stating when he started with the company, how much he earns and that he is a permanent employee

3. Payslips from his employers

4. A cover letter from him detailing our relationship i.e how we met, how long we have been together etc

5. The tenancy agreement of the flat we intend to live in.

6. A letter from the landlord stating that he is alright with me living in the flat with my husband.

7. A letter from the landlord stating that we will be extending the lease once the initial 6 months is up.

8. Pictures of us together.

9. Emails from around 2002 to date

10. Mobile phone bills

11. My CV and a print out of career opportunities for me once I get there.

12. My certificates

13. A cover letter from me, with details of my overstay and reasons.

Please, could anyone advise me whether this is enough to almost guarantee a succesful outcome.

We have been apart for about 4 months now and it is really heart breaking.

Thanks again!!!!

chrissy · Post by **chrissy** » Wed Jul 18, 2007 2:19 am

Hi

I have another question. With regards to the cover letter detailing our relationship etc, does it matter whether it is hand written or typed?

P.S. My last question has not been answered yet. Is it that nobody wants to help me or noboby knows the answer?

jamalkhan · Post by **jamalkhan** » Wed Jul 18, 2007 8:35 am

It is very heart breaking indeed and I exactly know how you feel.

The document list generally looks ok to my eyes

1. I would also include phone cards that you or your partners may have used
2. A letter stating all your history and the reason (my letter was 5 pages long)
3. I think type it as it will make it clear

magata · Post by **magata** » Wed Jul 18, 2007 9:15 am

Hi Chrissy

I have found the following, I hope it helps

Dear Sir/Madam/Ms

This letter is in support of my wifes/fiancee's application for a entry clearance visa for the purposes of settlement/marriage in the Untied Kingdom.

Whilst considering her/his application I would like you to be aware of the following:

1. Reason for overstaying
2The Circumstances in which we met
3. My financial position.
4. The Accommodation arrangements available to my wife/financee.
5. An overview of our relationship.

Reason for overstaying

As Jeff stated you should explain the situation clearly what happened and why.

The Circumstances in which we met.

I met my fiancee/wife through...........................and on the ...........we decided to meet in ..............by ..............of..............we decided to get married/engaged and I proposed....on............

We got married/engaged on..........................

I returned to the xxxxxxxxon............and we spent .....week together.....

My Financial Circumstances

I am presently employed by....self employed as....and represent..or work for.....................................................
I am paid a salary of...or earn for the year .....

I am quite capable of supporting my fiancee/wife and have been supporting her regularly in the xxxxxxxxby regular Western Union transfers.....International Money orders....transfers to her bank account etc etc etc...therefore I am quite able to support my fiancee/wife in the United Kingdom should entry clearance be granted.

Our Accommodation arrangements.

I own a ......(rooms number of) and occupy this property exclusively...I rent xxxx and have a rental assured shorthold tenancy agreement for ....months.

An Overview of this relationship with my fiancee/wife.

......and I have been together for .......years/months.... and have developed a close and personal loving relationship, it is our intention to live together in the United Kingdom with a view to marriage within 3 months....or as married we intead to live together in marriage for rest of our lives.

I would do anything for ....and I to be together and would leave the Untied Kingdom to live with her in the Philippines if entry clearance was not succesful, however I am settled in the UK...have a long term career/business and it would cause financial hardship should I have t leave.

I trust from the facts placed before you...that you will look favourable on the application for my fiancee/wife.

Yours sincerely......

A letter of this type is said to increase the chances of entry clearance being granted...also offering to be interviewed if required during the settlement interview is a good sign..even if you are not asked to do so.

Dear sir/madam

this is a letter of support for xxxxx my wife etc, who is currently applying for xxxx visa, I'm pleased to be the principal sponsor, while my dog will co-sponsor the application. In this letter i hope to cover the main points required to obtain the xxx visa for her/him.

paragraphs headed

Reasons for overstaying

As Jeff stated, What you should write is to explain the situation clearly what happened and why.

Circumstances of meeting -
i have known my wife for .. blah blah.., married for ... blah. please see evidence of this and that....

Financial position -
iam employed in a secure job get paid xxx, find attached pay slips, p60, letter from employer, contract, dna sample
i have substantial savings, see bank statements etc...
our budget is ... elec, gas, water, rent,,
iam studying for a OU degree to further increase my wage., more blah's

i have also included my wife's job details,( as above) when she applied for FLR and ILR as she was working here in uk,

Our accommodation in the uk-
our accommodation is a large xxx, that we own/rent/live with, ( co-sonsors letter of support if needed), land reg docs and certified copy of deeds etc,
accommodation is large enough for us all,. blah. blah..

Our relationship at present-

been married for x years, strong and serious commitment, blah, blah
having already sponsored my wife for settlement/flr etc. i am familiar with role and obligations of visa sponsorship and of home office expectations in this undertaking, and its realistic that my wife would never need recourse to funds funds, and if we ever faced major financial difficulties my mother/family/ cat or dog would provide assistance so no recourse to public funds would ever be neccessary.. blah, blah

I hope the facts and evidence provided enables you to grant xxxxx with a xxx visa.

thank you for your consideration

your faithfully
[/b]

chrissy · Post by **chrissy** » Wed Jul 18, 2007 6:30 pm

Thanks alot. That information is greatly appreciated!!!

chrissy · Post by **chrissy** » Wed Jul 18, 2007 11:34 pm

Another question? Will a certified copy of our marriage certificate do? They were certified by the commisioner of oaths.

chrissy · Post by **chrissy** » Thu Jul 19, 2007 1:05 am

Could someone help me, please?

SYH · Post by **SYH** » Thu Jul 19, 2007 8:49 am

chrissy wrote:Could someone help me, please?

Incredible, Obviously you think the world revolves around you. We are not up 24 hours a day waiting for you to post something so we can answer you. I reviewed this thread and you have the same impatient entitled attitude when you don't get a quick answer. Now I know why you were so righteous in the other thread, you are guilty of overstaying too. Well, acting like you are so compassionate to others, when in fact you just identify with the person who made the same mistake you did. Either way, it is not going to make your case any more palatable to the HO.

now hold your horses and let john and other get their cup of coffee this morning before working on your all so important, more important than others, from your attitude.

Post by **John** » Thu Jul 19, 2007 9:22 am

Could someone help me, please?

At 1.05.am UK time ... no! And indeed posting a reminder merely 91 minutes after asking a question is not appreciated. Everyone on this Board gives freely of their time ... no one gets paid ... apart from Administrator, who is a paid employee of workpermit.com , without whom this Board would not be here.

Will a certified copy of our marriage certificate do?

I simply ask, why? Why don't you have the original certificate? If you have the original, supply it, if you don't, explain where the original is, and why you cannot supply it?

chrissy · Post by **chrissy** » Thu Jul 19, 2007 9:46 am

@SYH:
Yes I am in the same position. However even if I was not surely a little courtesy would be nice. Or are you trying to say that because someone has overstayed they do not deserve any from you?

@To everyone else:
I do apologise for asking if anyone could help me at 1 o'clock in the morning. In all honesty it was just an over sight on my part,plus anxiety. I really didnt think something like that would aggravate people the way it did. I also dont think that I deserved response like that either. Anyway....

John thanks for your response and your time.

SYH · Post by **SYH** » Thu Jul 19, 2007 9:54 am

chrissy wrote:@SYH:
Yes I am in the same position. However even if I was not surely a little courtesy would be nice. Or are you trying to say that because someone has overstayed they do not deserve any from you?
Stop putting words in my mouth and being sanctimonious

@To everyone else:
I do apologise for asking if anyone could help me at 1 o'clock in the morning. In all honesty it was just an over sight on my part,plus anxiety. I really didnt think something like that would aggravate people the way it did. I also dont think that I deserved response like that either. Anyway....
Second, you have done it more than once so that is your MO, not a one off so don't try to pull the wool over our eyes.
John thanks for your response and your time.

Docterror · Post by **Docterror** » Thu Jul 19, 2007 10:13 am

SYH, let it go! It is apparent that the reason for the 2 close postings were a result of anxiety and were never with any attitude-problem in mind. You are pulling lingering feelings in the other thread to cloud your vision in this one.

chrissy · Post by **chrissy** » Thu Jul 19, 2007 10:18 am

Or are you trying to say that because someone has overstayed they do not deserve any from you?

It was a question. A simple 'yes' or 'no' would have done.

Second, you have done it more than once so that is your MO, not a one off so don't try to pull the wool over our eyes.

Yes I have done it more than once. Obviously this was never brought to my attention after my past 'offences', hence the mistake happening again.

SYH, please like I said before if you dont have anything productive to say to me then try doing what I am gonna do to you from now on.....ignore me.

SYH · Post by **SYH** » Thu Jul 19, 2007 10:25 am

Docterror wrote:SYH, let it go! It is apparent that the reason for the 2 close postings were a result of anxiety and were never with any attitude-problem in mind. You are pulling lingering feelings in the other thread to cloud your vision in this one.

Only because you ask so nicely Doc

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spouse visa refused due to overstayed