Overstayer re entering on a spouse visa

[Couplegoals]

Hey guys! Hoping for some help and advice with my situation.

Brief immigration history

Came to the UK in 2005 from Zambia as a minor on my dad's visa. I was 15 years old. My dad disappeared in 2008 leaving me and my mum without means to legalise our stay and nothing to return back home to. He divorced my mum soon after. We became overstayers.

Fast forward to 2014 my mum married my step dad a British national and had my sister who is almost 4 and managed to legalise her stay after 6 years of being an overstayer. She is on the 10 year route. Applications were made for me on the grounds of human rights article 8 but these were rejected by the home office. We went through the appeals process to the upper tribunal last November but the judge found in the HO's favour and said that even though I have established a private life here I could go back to Zambia and live life there etc. Even though I have been away for almost 12 years and left as a minor. The lawyer has applied for leave to appeal further but we're still waiting on a response.

Bringing you up to date my boyfriend of 2 years recently proposed and we want to get married. He was part of my application for family life along with my parents and sister but unfortunately the judge said we were not considered as partners akin to marriage because we didn't live together for two years or more. We are both still living at home. Me for obvious reasons but him because he is saving to get on the property market sometime this year/early 2018.

We have been told that it is better if we go back to my home country and marry there as I am an overstayer in England and cannot marry legally here. I plan to leave voluntarily in the next two months with and then me and my fiancee plan to marry in Zambia. I will then apply for a spouse visa and re-enter the country that way.

Our relationship is genuine, we have been friends since 2012 and met through a mutual friend who I went uni with. We started dating in 2015. We have pictures together and correspondence (emails, call logs, whatsapp conversations) dating back to the start of our relationship to prove it's genuineness. My partner also has a good job as a trainee lawyer and qualifies this March and he meets the stipulated sponsor requirements. I also am UK educated with a U.K. Degree in business management and plan to work so I am employable and will not be a burden to the country. I also have a hobby which I plan to turn into a business and plan to register as self employed for extra income.

In terms of accommodation which I understand is a huge factor. My step dad has agreed to write us a letter stating that it is okay for us to live in his house which he shares with my mum and sister rent free until we save up enough to buy. It is a 5 bedroom house with two bathrooms so I think there is adequate space and he has no mortgage to pay for so requires nothing but a contribution towards bills which will be done in cash.

We still have not heard back from the tribunal concerning our request to appeal further. I report to an immigration centre on a monthly basis and have done so since the 2014 leave to remain application was made.

Questions

1. What advice would you give us? Is this the right way to go about things?
2. If anyone has gone through this process, what would we need in terms of documents etc. I have researched of course but advice from someone who has been through it would be great.
3. Will the fact that I overstayed affect my application? And if successful will it affect my re-entry?
4. As we have not heard back from the tribunal regarding our request to appeal further am I liable to be deported? I am afraid that this may happen before I voluntarily depart and don't want this to affect our future plans.

Any help and advice is welcome and appreciated.

[SoHopeful]

I have not got any experience in regards to overstaying, however since looking into immigration for my husband over the years, I have seen a number of couples take this route and be successful. As long as you are transparent about the overstaying, my understanding is they will assess the application based on the requirements that everyone else has to meet.

In regards to documentation; anything pertaining to your immigration since arriving in the UK.

Then, you need to cover the following:
proof of genuine and subsisting relationship between yourself and your partner
- photos
- social media
- messaging/call apps
- marriage cert

proof of income
- earning £18600+
- 6 or 12 months of payslips depending on the category you can apply under
- P60 if issued in current job
- letter from employer
- bank statements corresponding with payslips

proof of accommodation
- proof of home ownership
- property inspection report
- letter from mother/stepfather
- council tax bill

I can't answer your final question - hopefully someone else can

[Couplegoals]

Thank you so much SoHopeful