Returning Home to apply

[joshboy]

Hi All,

Just after either some advice or maybe someone who has been in a similar situation and has been granted a visa.

The story of my wife:

We met over 2 years ago, and she has been in the UK since 2002. Her student visa had expired 2003, and she has remained here ever since as an overstayer. She decided at the time of her visa expiration that she couldn't return to Malawi as her father had passed away in late 2002 and he was funding her studies.
She has no family or friends back in Malawi, she has a sister in the UK but we are unsure of her whereabouts.

In June 2013 we applied for FLR based on partner route and private life. We married just before the application.
UKBA confirmed that we meet the financial and subsisting relationship, but got us on EX.1(b), noting that we could both return to Malawi.
As we have no right to appeal, we have subsequently sent off a reconsideration letter. Currently using a solicitor, (as usually not good) and their advice is to look at a JR (expires in early Nov).

We both feel that it has come to the point were its maybe better to return home, and apply as a spouse from her country. Doing this financially isn't an issue, its the possibility of a refusal due to overstaying. We know she wont get a ban.

Does anybody know of similar or been through the same??

Cheers

[joshboy]

Hi All,

Just after either some advice or maybe someone who has been in a similar situation and has been granted a visa.

The story of my wife:

We met over 2 years ago, and she has been in the UK since 2002. Her student visa had expired 2003, and she has remained here ever since as an overstayer. She decided at the time of her visa expiration that she couldn't return to Malawi as her father had passed away in late 2002 and he was funding her studies.
She has no family or friends back in Malawi, she has a sister in the UK but we are unsure of her whereabouts.

In June 2013 we applied for FLR based on partner route and private life. We married just before the application.
UKBA confirmed that we meet the financial and subsisting relationship, but got us on EX.1(b), noting that we could both return to Malawi.
As we have no right to appeal, we have subsequently sent off a reconsideration letter. Currently using a solicitor, (as usually not good) and their advice is to look at a JR (expires in early Nov).

We both feel that it has come to the point were its maybe better to return home, and apply as a spouse from her country. Doing this financially isn't an issue, its the possibility of a refusal due to overstaying. We know she wont get a ban.

Does anybody know of similar or been through the same??

Cheers

Hi Again,

Just to let people know whom are in a similar situation to my wife, she received a UK spouse visa this week while she applied back home.

After 11 years of overstaying a visa in the UK, two failed applications in the UK she left in March this year, headed back to Africa and after 24 weeks has finally got one.

Her two failed visa's were FLR (o) & FLR(m).

If anybody needs assistance I'll be happy to other my advice on what we did from 2012 onwards.

[icehouse256]

Hi All,

Just after either some advice or maybe someone who has been in a similar situation and has been granted a visa.

The story of my wife:

We met over 2 years ago, and she has been in the UK since 2002. Her student visa had expired 2003, and she has remained here ever since as an overstayer. She decided at the time of her visa expiration that she couldn't return to Malawi as her father had passed away in late 2002 and he was funding her studies.
She has no family or friends back in Malawi, she has a sister in the UK but we are unsure of her whereabouts.

In June 2013 we applied for FLR based on partner route and private life. We married just before the application.
UKBA confirmed that we meet the financial and subsisting relationship, but got us on EX.1(b), noting that we could both return to Malawi.
As we have no right to appeal, we have subsequently sent off a reconsideration letter. Currently using a solicitor, (as usually not good) and their advice is to look at a JR (expires in early Nov).

We both feel that it has come to the point were its maybe better to return home, and apply as a spouse from her country. Doing this financially isn't an issue, its the possibility of a refusal due to overstaying. We know she wont get a ban.

Does anybody know of similar or been through the same??

Cheers

Hi Again,

Just to let people know whom are in a similar situation to my wife, she received a UK spouse visa this week while she applied back home.

After 11 years of overstaying a visa in the UK, two failed applications in the UK she left in March this year, headed back to Africa and after 24 weeks has finally got one.

Her two failed visa's were FLR (o) & FLR(m).

If anybody needs assistance I'll be happy to other my advice on what we did from 2012 onwards.

Hi Joshboy, contratulations. I have also applied under for(m) which was refused bcos of financial requirement, exhausted all appeal rights, not i have made another application based on family partner which i am still awaiting response. Its over 3 months already since i sent the application. How long was the for (o) before they replied ? I am praying to God Almighty for a success news soon.

[joshboy]

Hi Ice,

Our second UK application only took about 8 weeks, then refused under EX1.b for no insurmountable obstacles.

We thought it would work, but alas it didn't. the wife had had enough and was willing to return home, and tough it out there. It worked but jeez it was one hell of a slog..

ps

I'd love to put some insurmountable obstacles right up Theresa May's backside.

[icehouse256]

Hi Ice,

Our second UK application only took about 8 weeks, then refused under EX1.b for no insurmountable obstacles.

We thought it would work, but alas it didn't. the wife had had enough and was willing to return home, and tough it out there. It worked but jeez it was one hell of a slog..

ps

I'd love to put some insurmountable obstacles right up Theresa May's backside.

Congrats once again on your victory. My application is now 15 weeks since submission, i hope this delay will amount to a good news soon.