Uk Settlement From Brazil After 1 Year Ban and Timeline

[Loganx01]

hello,

I'm from Brazil and in 2015 I went to Uk, as a tourist and overstay for 11 years illegally. In the las 3 years I had a relation with a British citizen, we was leaving together for 2 years went immigration came to our house, I went to detention center for 26 days until a been removed at my own expense and ban for 1 year, We went to Brazil in Jan 2016, my wife, she quits her job and come to spend time with me, so she stay 6 moths in Brazil and 6 moths in England. In these 11 years I stay in Uk I have done university e-Pos graduation with my own money, never use health care, never try to get benefit, never try to apply for any kind of visa and never have done anything illegal like fake documents, "Apart overstaying for 11 years" Now we are over a year in Brazil, I have a good job but my wife she didn't adapt to the country and wants to come back to Uk, we hire a well know solicitor in London we have over 70k in our save account in England, we got letters from they parents and documents of the House where we can stay as long as we want without charging rent and been responsible for me, I got the A1 exams and a massive cover letter from the solicitor stray forward to the immigration. My question is if anyone had a case like my or have some advice, they give us 60 working days after the visa application and have been pass 20 working days and is killing me the wait. I just think about they will refuse my visa cos my overstaying as my wife is so sad and want to come back to England but she won't come back without me, I will put my timeline and see if anyone have the same history to share our if I have any chance to be accepted.

Removed from Uk: 8 Jan 2016
Get married in Brazil: 12 Abril 2016
Apply for Visa From Brazil: 16 Jan 2017
Biometrics in Sao Paulo: 03 Feb 2017
Email confirmation UKBA: 07 Feb 2017
Email Processing Visa: Pending
Email Decision Visa;. pending

[Loganx01]

Hello, anyone has the same experience our thinks if we had a chance to be accepted or not?

[Tamandua]

It may take more than 60 days because your case is a bit complex. Good luck.

[Casa]

If you are applying for a Spouse Settlement visa, you won't be refused under 320(7b) of the Immigration Rules. A refusal under 320(11) would only come into play if you had 'frustrated the Immigration Rules, which from your post doesn't appear to be the case.

Have a read through the reasons for a refusal under 320(11) and see if you feel that any of these apply to your situation.

https://www.gov.uk/government/publicati ... raph-32011

[Loganx01]

Hello guys and Thanks so much for some advice,

I have a look at the rules of refuse 320(11) and I do have 2 conditions

1. Goods and Services " Went to Baber shop and dentist, etc, buy clothes and stuff for my house, etc
2. Employment ' i have done some work in Uk but never register and cash only like part-time in restaurants, the immigration never found out or caught me doing it...

The immigration never caught me in work, they came to my house at 10 pm and just took me to detention center, we hire a solicitor straight away, as he suggest to fly back and apply from abroad, the HO give me until 10 of Jan 2016 to leave UK wich I left on 08 Jan, my own expensises, they gave me a letter of 1 year ban, were they said the rule won't apply for Family Members, but the lawyer said we have a better chance if we stay one year abroad so we wouldn't frustrate the immigration. I Will keep everyone post soon I found out any news, is just the waiting is very stressful and if is going to accept or if anyone been in the same situation.

[claraluh]

Hi Loganx01,

I'm also Brazilian (Settled in UK) and applied for spouse visa back in 2015 for my partner after overstaying for 3 yrs but leaving the country voluntarily without being caught, removed or deported. The application was successful and it took over over 8 weeks.

[Loganx01]

Hello Claraluh,

Thanks for been in touch, that was amazing happy for you and your partner, everything went well. Well, unfortunate I went to a detention center and my solicitor put in my application that I have been removed and a Reference Number o the case. can I ask you in your application have you put your partner have overstay? Thanks once more.

[claraluh]

Thanks. Yes, we did mention the overstay. I don't think that'll be a problem if you can support all other requirements. We were also very anxious and especially because I couldn't track any information from their system, but you should expect to hear from them after about 8 weeks from when application was made. Good Luck!!

[Loganx01]

Hello,

that is good to know, I feeling much confident now, guess I just have to wait, but I will keep everyone posted about the decision. Thanks,

[bathanza]

Wish you and your partner the very best of luck, please do let us know how it goes. As there are routes within the UK for overstayers that may end up better off as outside of UK if you meet all the FLR M conditions. Praying for us all!

[Loganx01]

Hello,

Well I have a look around and I don't think I meet all the conditions for FLR, wich I will apply in 2.5 years if I get that Settlement, today has been 28 working days or 6 weeks and no news from HO. I will keep everyone post but feel free anyone to share your history especially if you are in the same situation.

[Loganx01]

Hello everyone,

Regards my application, we recieve alredy 2 email from UKVI

1. About they a proceesing my aplication on 7/04/17

2 Email about decision been made and dispach.

Now im just waiting like crazy cos we dont know now if was Aproved or not, if someone have any case like that fell free to share, follow my timeline.

Removed from Uk: 8 Jan 2016
Get married in Brazil: 12 Abril 2016
Apply for Visa From Brazil: 16 Jan 2017
Biometrics in Sao Paulo: 03 Feb 2017
Email confirmation UKBA: 07 Feb 2017
Email Processing Visa: 07 Abr 2017
Email Decision Visa; 11 Abr 2017

Passaport Visa: Waiting

[CR001]

Now im just waiting like crazy cos we dont know now if was Aproved or not, if someone have any case like that fell free to share

No one can tell you the outcome. You will only know once the passport is collected.

[Tamandua]

Did you get the IHS refund? Alternatively, check your IHS account. Can you see the refund button?

I was still able to request a refund even after I received my refusal letter. *Generally*, when the decision is made and the visa is issued the refund option disappears.

I don't think your visa will be refused, unless there are aggravating circumstances.

[Loganx01]

Hello Tamandua,

Thanks for been in touch and I'm sorry to hear yours was decline, well i don't have access to my IHS account, cos was a Solicitor have done everything for us, we have done the payment through my bank account, such in the web site sauce we get the NHS money back in 90 days. Anyway i will hopefully get the passport back on Thursday 18/04. I start feeling very confident now cos in the decision email there is a track number and the passaport arriving in the exact day we ask for a answer when our he solicitor did our application online. We ask for a answer by 18 of Abril.

I will everyone know, is going to be a long weekend very anxious, can't barely sleep, what your thoughts!? By the way are you going to reapply our go to court? What your refused for? If you don't mind asking of course!?

Good luck to us all.

Loganx01

[Tamandua]

The refund takes only a few days to be processed nowadays. Some applicants are reimbursed even before they receive a refusal letter or soon after they get "the decision has been made" email.

If you didn't receive your IHS refund then chances are your visa has been granted. I hope your application is successful. I'm still waiting for my second application to be processed from within the UK.

Let us know the outcome. All the best.

[Loganx01]

hello everyone,

My visa was grated and im flyng to England with my wife on the 26/04. We are over the moon. I would like to say thanks to evryone have share some experience and a good luck to evreyone in a similar situation. I will put my complete time line and feel free anyone to ask about my experience. Now is getting ready for FRL in 2 years.

Removed from Uk: 8 Jan 2016
Get married in Brazil: 12 Abril 2016
Apply for Visa From Brazil: 16 Jan 2017
Biometrics in Sao Paulo: 03 Feb 2017
Email confirmation UKBA: 07 Feb 2017
Email Processing Visa: 07 Abr 2017
Email Decision Visa;. 11 Abr 2017
Passaport receive VFS: 17 Abr 2017
Passaport Colect: 18 Abri 2017

Visa Stamp: 18 Abr to 18 May 2017