please advise- partner overstayer

CHILLIpepper · Post by **CHILLIpepper** » Thu Oct 07, 2004 2:00 am

hi, I was wondering if you could offer any advice
my partner arrived in uk as a visitor in 1999, we have lived together in a relationship akin to marriage for 4 years, I only discovered his position in 2002. Myself and my family have supported him financially as he is unable to work. We have been attending fertility clinic since 2002, to recieve fertility treatmnt. we didn't marry, due to his position. His country of origin has since become a visa country, but wasn't when he arrived. I could not relocate with him as I have a full time job, am studying at university part time and help my mum who is disabled. My ties to the uk are too strong, but we couldn't bear to be parted.
I have tried to keep this brief, have discovered this site and see that u give people valuable advice. Do you think we may have a chance under Art 8 ECHR, as we need to do something about his position, the stress is making me ill.

Many thanks

Chess · Post by **Chess** » Thu Oct 07, 2004 12:50 pm

Dont be stressed - where there is a will there is a way....

Your case is very complex and I would recommend that you contact a competent reputable lawyer.

One option would be to marry, let your husband fly back to his home country and apply for a Spousal Visa.

or your husband could head back home and then apply for a Fiance Visa...

..please dont be too stressed everything will be fine but its gonna take alot of patience and hard work.

At this stage I dont think you have any case for 'human right' and/or compassionate ground considerations

CHILLIpepper · Post by **CHILLIpepper** » Fri Oct 08, 2004 12:59 am

thanks for the reply,

just a couple of questions, if my partner returns home, wont he be refused entry clearance due to his past immigration record?? and we cannot marry because if we do, an immigration officer could be waiting at the registry office???

Due to us receiving fertility treatment, would this not be looked on as compassionate circumstances.

Thanks xx

Chess · Post by **Chess** » Fri Oct 08, 2004 8:44 am

just a couple of questions, if my partner returns home, wont he be refused entry clearance due to his past immigration record??

Your ''husband'' would be applying for a Visa which leads to settlement and/or settlement visa therefore previous overstaying should not be taken into consideration (as would be the case if say he was applying for a visitoirs visa where returnability is very important).

One other option would be to get into the home country 'without' his passport being stamped (assuming his gonna apply for a spousal visa) - this way the ECO would not know that he had overstayed as there is no immigration control on exit. Please note that this is ILLEGAL and i would not recommend it

and we cannot marry because if we do, an immigration officer could be waiting at the registry office???

.

At the moment this is a major issue in the southeast! - i dont think it has caught up yet in the north. If there are otherways of being able to apply for marriage at the registrars office without showing your 'husband's' ppt then go for it - he can use any other photo ID rather than the ppt.

I am afraid you gotta bite the bullet oneway or the other!

Due to us receiving fertility treatment, would this not be looked on as compassionate circumstances.

No - in effect, this could be seen as draining the NHS resources for which your 'husband' is not entitlede to!

Good Luck for the future

SLewis1 · Post by **SLewis1** » Thu Jan 06, 2005 12:37 pm

Checkmate's response to the original question, that there is no check when leaving UK, is that really true?

Do people not fill a little index card size form when leaving UK? And this form which has date, is probably entered into a computer? Or they do not register those forms in a computer?

If what I said is true, and also keeping in mind the new i-Visa database (which also links to other databases), for how many years do they keep this data, for example for overstaying?

Thanks.

Chess · Post by **Chess** » Fri Jan 07, 2005 2:39 pm

SLewis1 wrote:Checkmate's response to the original question, that there is no check when leaving UK, is that really true?

There is no Immigration Control on exit from the UK. However, this situation is bound to change in the very near future

SLewis1 · Post by **SLewis1** » Mon Jan 10, 2005 1:06 pm

Hello:

One final question. What is form that one fills when departing UK (at the airport), used for? Is that not an exit check?

Thanks.

Chess · Post by **Chess** » Mon Jan 10, 2005 2:29 pm

SLewis1 wrote:Hello:

One final question. What is form that one fills when departing UK (at the airport), used for? Is that not an exit check?

Thanks.

When was the last time you had to fill in such a form?

SLewis1 · Post by **SLewis1** » Sat Jan 15, 2005 8:35 pm

There is a little index card form that I filled, may be last time in 1990(similar to the one handed to you in the plane when one arrives to UK). I filled it, when leaving, at the airport, and then handed it to the immigration officer.

The immigration officer puts his stamp, with date on it and keeps it.

What form is that?

Thanks.

try-one · Post by **try-one** » Sat Jan 15, 2005 8:42 pm

when you exit the country there is no card to fill, airlines might report to ind but i don't see how they can match all the details....

Chess · Post by **Chess** » Tue Jan 18, 2005 1:02 pm

try-one wrote:when you exit the country there is no card to fill, airlines might report to ind but i don't see how they can match all the details....

Airlines are usually only concerned of the validity of your passport while Exiting. Obviously on entry, they must enmsure you have a valid Visa before you embark or else they get fined.

In theory, Immigration Officers can dfo random Visa checks on exit. However, this is hardly carried out.

If you are found to be bin breach of your stay - then they update the INDECS database

babyk22 · Post by **babyk22** » Mon Aug 14, 2006 1:54 pm

Hi just to let you know i am in the same positon with my husband but we managed to get married in March and he has overstayed for 2 years now. Your best bet is to get married in a church of england as they do not require identification.

coco · Post by **coco** » Wed Aug 16, 2006 7:20 pm

CHILLIpepper, if you are anglican you can get married in a church without needing permission from the home office and no immigration officers will be involved. you just need to have been living in your parish for a least two weeks (I think) however you can always find out from your parish. hope this helps, good luck

abbs33 · Post by **abbs33** » Thu Sep 28, 2006 2:16 pm

BabyK24 - I am in the same situation....my fiance has overstayed and we really want to be together but dont know the best way to go about it. What is you advice? thanks

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please advise- partner overstayer

please advise- partner overstayer

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filling an index card when departing from UK

MARRY HIM!

are you anglican CHILLIpepper