question: Would this be classed as overstayer?

[candylove]

My husband came to UK from Cameroon’s in 2001 (aged 16 years old) made asylum app, given 2 years stay then FLR was refused in Dec 2003. (Meanwhile we got engaged and due to be married in May 2004)
He appealed against this decision and was given a date to attend court in June 2004 re appeal.
We got married May 7th 2004 (im British) submitted a spouse visa application in June 2004, following letter that our app had been received he withdrew appeal re Asylum app as was told it’s unlikely to be approved anyway.
Would he be classed as an overstayer?
HO haven’t made a decision on our app yet (even though its been almost 4 years) so we are thinking of going to his country to re-apply, but worried if he is overstayer it will be refused on this basis.....??? Advice greatly appreciated!

[VictoriaS]

He is not an overstayer and you need to get a decision! I suggest contacting your MP.

Victoria

[hmm]

He is not an over stayer. I would say he is a failed assylum seeker.

you can ask you MP to contact HO. Chances are HO will write to MPor your husband stating that he should go back to his contry and apply for spouse visa from there.

[jimquk]

It seems clear to me that he is not an overstayer. At all times he has had a valid application with the Home Office and been lawfully present, (although this time spent making unsuccessful applications does not count toward long residence concessions). I don't see that it would be to your advantage to reapply from abroad, get your MP to hassle them for a decision first. Hopefully, you will have evidence of being self-supporting etc these last three years which you can show your MP to strengthen your case.