overstayed entry clearance visa

jjohnmichael4u · Post by **jjohnmichael4u** » Thu Jul 17, 2008 9:26 am

HELLO..NEW TO THESE BOARDS AND HAVE LOOKED AT MANY POSTS REGARDING MY CASE BUT NADA.
I WISH TO SAVE MYSELF A 750 POUND REJECTION FEE SO THOUGHT ID ASK THOSE THAT MAY KNOW OR CAN OFFER ADVICE.

AS OF NEXT MONTH I WILL HAVE OVERSTAYED MY ENTRY CLEARANCE VISA AS A SPOUSE OF A UK CITIZEN BY ALMOST A YEAR.

I AM WANTING TO APPLY FOR ILR BUT FEAR BECAUSE OF THIS OVERSTAY WILL MY APPLICATION WILL BE REJECTED.

I HAVE BEEN MARRIED TO MY PARTNER FOR FIVE YEARS, TWO CHILDREN BOTH BC. I HAVE SATISFACTORILY COMPLETED THE TWO YEARS PROBATION PERIOD.

MY REASON FOR NOT APPLYING FOR ILR SOONER WAS THE ESOL TEST. DIDNT EVEN KNOW YOU NEEDED TO TAKE A TEST TO APPLY FOR ILR UNTIL IT CAME TIME TO APPLY. I WAS CAUGHT OFFGAURD WITH THIS AND WASNT ABLE TO TAKE THE TEST UNTIL WELL AFTER MY VISA EXPIRED. SECONDLY WAS THE COST.

TO CUT TO THE HEART OF IT. IS IT NOW GOING TO BE A WASTE OF MONEY TO FILE FOR ILR BECAUSE MY APPLICATION WILL BE REJECTED FOR OVERSTAY ??? KEEP IN MIND U CANNOT FILE UNLESS U HAVE COMPLETED THE ESOL TEST.

ARE THEY GOING TO TELL ME I HAVE TO RETURN TO THE STATES TO FILE FOR ILR? IF YOU CAN DO SO?

WILL I HAVE TO COMPLETE ANOTHER PROBATION PERIOD?

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I AM CLEARLY SETTLED HERE IN THE UK AND WOULD HAVE NO WHERE TO GO IF I HAVE TO RETURN TO THE STATES. LIKEWISE MY WIFE WOULD HAVE TO QUIT HER JOB TO WATCH AFTER THE KIDS.

ALL THIS STUFF AND THE STRESS OFF NOT KNOWING IS STARTING TO TAKE ITS TOLL SO ANY HELP OR SUGGESTIONS WOULD BE GREATLY APPRECIATED. THANKS

Post by **vinny** » Thu Jul 17, 2008 12:26 pm

See also United States wife overstay. Try not to shout.

joe777 · Post by **joe777** » Thu Jul 17, 2008 1:31 pm

why didn't you just read the book and take the 'life in the uk ' test, it's not that difficult,,

and why didn't you apply for FLR if you couldn't pass the course or test b4 your spouse visa expired ?

i would be shocked if you applied for ILR and got it after 1 yr of being an overstayer, people have had thier ILR apps refused for overstaying a shorter period of time..

jjohnmichael4u · Post by **jjohnmichael4u** » Mon Jul 21, 2008 11:04 am

thanks for the input but the only answer i see here is you all saying to return to my home country to re apply. i did that the first time wich got me my entry clearance visa. my situation has changed though. as i have been married to a uk citizen for 5 years now and have lived here for five years. the uk is my home. i have no place to go to if i have to return. likewise me and my partner just had our second child. my wife would have to quite her job and we not the funds for this crap.

reading into this other sites say i could win under something called dp3/96. whatever that is? then again its the cost. not everyone has 120 pound an hour to pay for an advisor or solicitor.

so my visa has been expired close to a year now. you all are saying goodluck prob wont happen. what im not seeing is any real solutions.

i was advised by another person that hey do what you gotta do..live here illegaly for five more years and they would have to give it to me under a long residence policy..

just dont know what to do as all i have the funds for is to apply for this ilr. i dont have the funds to fly back to the states, pay for hotels for a month waiting for another visa. to top it off u have to complete another two years probation. sounds like bollocks to me.

so i guesswhat i am asking is how do i beat them on this while in country??

thanks

republique · Post by **republique** » Mon Jul 21, 2008 11:24 am

jjohnmichael4u wrote:thanks for the input but the only answer i see here is you all saying to return to my home country to re apply. i did that the first time wich got me my entry clearance visa. my situation has changed though. as i have been married to a uk citizen for 5 years now and have lived here for five years. the uk is my home. i have no place to go to if i have to return. likewise me and my partner just had our second child. my wife would have to quite her job and we not the funds for this crap.

I don't buy that you cant afford a trip back to your home country. You can afterall work there to pay your way until you can return. Now you say it is too expensive. Is it more expensive that 750 pounds you are about to throw away for a rejection. And your wife is uk so she can apply for benefits if she can't return to work due to her second child so you really need to get your act together. Everyone thinks its better to stay here and fight, they are wrong, more times than likely people get their immigration status corrected quickly and nicely in this manner. When people stay, it takes year of struggle and on top of that, if you are illegal, you still can be caught and deported and then be banned. Would you still prefer that possibility when you could go home and fix it.

Post by **vinny** » Mon Jul 21, 2008 12:08 pm

jjohnmichael4u wrote:reading into this other sites say i could win under something called dp3/96. whatever that is?

Unfortunately, DP3/96 has apparently been revoked.

sakura · Post by **sakura** » Mon Jul 21, 2008 12:12 pm

If you want to 'beat them on this' in-country then you will need a solicitor, a couple thousand pounds or even more, and at least a year, maybe more, not to mention not being able to work because you have no status (because you would need to apply for ILR, wait a while because, judging by the BIA's attitude to overstayers, they wouldn't deal with this very quickly, get a refusal because of your overstay, decide to appeal or write for re-consideration, wait for their response...then it'd be a refusal, meanwhile you have overstayed another year or so, and the concession no longer applies to you.

You are not the first and probably won't be the last to overstay a visa. There is no 'bollocks' in being asked to return home and re-apply for EC after negligently overstaying your visa. All visa appliants are required to ensure they extend their visas on time, although there can be waivers if you overstayed maybe by a few days, but one year is pushing it. As per Lady K'sexperience, you could be back in the UK in a matter of weeks if you return home and re-apply.

I know you cannot afford to return home immediately - but you can save up the money and return in a month or two. It would be a heck of a lot cheaper than applying outside the rules. The HO could well leave you hanging for a number of years; meanwhile you would have to be careful not to be caught in employment.

Lady K · Post by **Lady K** » Mon Jul 21, 2008 2:14 pm

....and if you do read my thread, my re-application for entry clearance was approved in ONE day..through the Chicago branch of the British Consulate. As I no longer had any residence in the U.S, I (and you!) could stay anywhere for the purpose of my application. As a result, I stayed with my brother and his wife, by the pool all day, in Florida, (which is handled by Chicago), a brother whom I had not seen in 5 years, and my father flew down, whom I also had not seen in 5 years, coincidentally got to enjoy the 4th of July celebrations and my husbands birthday while we were there, so the whole visa application soon seemed like a secondary benefit of the trip! Your airfares should be much cheaper than mine were in July (look for offers NOW, I think youll be pleasantly surprised) If you want help with how to document your application folder for the best chance of approval, I think I can help you there...been there, done that, and I AM HOME! (and legal

)

jjohnmichael4u · Post by **jjohnmichael4u** » Tue Jul 22, 2008 9:01 am

thankyou for the replys everyone. this has been a big help in decideing what to do.
the first round with the home office didnt get me that far and was really as simple as returning to the states to get my ec visa. i should of learned from that and have nothing but myself to blame for becomeing an overstayer.
my question now is this re-entry ban. as i have overstayed my ec visa close to a year now, if i go back to the states before oct 1st does that mean i cant re- enter for 12 mos? or does this only apply to me if i were to leave after oct 1st? i only ask because yeah the plan now would be to return and apply immediatly for another ec visa.
if i am faceing a 12 month ban then i will just have a go at an in country application. better than being stripped away from my family for 12 months.
again thanks for the comments.

Post by **Casa** » Wed Jul 23, 2008 4:20 pm

If you return before the 1st October when the new legislation for overstayers come into force, you won't be subject to the automatic 1 year ban (or 10 years for extreme cases).

farneybunny · Post by **farneybunny** » Wed Jul 23, 2008 5:54 pm

If you return before the 1st October when the new legislation for overstayers come into force, you won't be subject to the automatic 1 year ban (or 10 years for extreme cases).

I'm still very confused abt this...does this means if you leave before 1st oct and return to the uk before 1st oct you will not be banned from re-entering?

chuggletops · Post by **chuggletops** » Wed Jul 23, 2008 7:19 pm

The new rule is Para 320 7B and it will not be applied until 1 October 2008.

If you leave the UK voluntarily BEFORE that date and have PROOF that you did so it will not apply, irrespective of when you apply or when you seek to return.

jjohnmichael4u · Post by **jjohnmichael4u** » Sat Aug 09, 2008 3:14 pm

i am currently waiting on clarification on this re-entry ban from my local mp's office. he was of great help to me last time and am sure will be again. i know what folks have told me but this kind of stuff opens a whole can of worms.
like for instance everyone says to return home. well after living here five years now, this is my home.
ive a newborn child,
ive been married to a uk citizen for five years,
it opens a big debate. not knocking anyones experiences or advice but sometimes it takes individuals to fight them in order for there to be change. im just debateing if i want to be one of those guinea pigs again. i was put to sleep last time lol and had to return home.

someone could answer me this though. should it be a settlement visa im after or a spouses visa. or are they the same? will update once ive had the word from mp's office.

republique · Post by **republique** » Sat Aug 09, 2008 5:04 pm

jjohnmichael4u wrote:i am currently waiting on clarification on this re-entry ban from my local mp's office. he was of great help to me last time and am sure will be again. i know what folks have told me but this kind of stuff opens a whole can of worms.
like for instance everyone says to return home. well after living here five years now, this is my home.
ive a newborn child,
ive been married to a uk citizen for five years,
it opens a big debate. not knocking anyones experiences or advice but sometimes it takes individuals to fight them in order for there to be change. im just debateing if i want to be one of those guinea pigs again. i was put to sleep last time lol and had to return home.

someone could answer me this though. should it be a settlement visa im after or a spouses visa. or are they the same? will update once ive had the word from mp's office.

Stay and fight you say??
What cause are you fighting? Ignorance of the rules is ok? Failure to follow the rules is ok if you have a family? When you forget, there should be no consquences? Is that your cause??? Sure be your own guinea pigs. You are making it into something bigger than it is.

jei2 · Post by **jei2** » Mon Aug 11, 2008 10:29 am

jjohnmichael4u wrote:i am currently waiting on clarification on this re-entry ban from my local mp's office. he was of great help to me last time and am sure will be again. i know what folks have told me but this kind of stuff opens a whole can of worms.
like for instance everyone says to return home. well after living here five years now, this is my home.
ive a newborn child,
ive been married to a uk citizen for five years,
it opens a big debate. not knocking anyones experiences or advice but sometimes it takes individuals to fight them in order for there to be change. im just debateing if i want to be one of those guinea pigs again. i was put to sleep last time lol and had to return home.

someone could answer me this though. should it be a settlement visa im after or a spouses visa. or are they the same? will update once ive had the word from mp's office.

"Hard ears yuh wun learn, own way yuh will feel" (Bajan proverb)

But good luck anyway. You're a trier, I'll give you that.

Wanderer · Post by **Wanderer** » Mon Aug 11, 2008 11:50 am

jjohnmichael4u wrote:
i was advised by another person that hey do what you gotta do..live here illegaly for five more years and they would have to give it to me under a long residence policy..

It's 14 years mate, not 10, you'd have to hang on for another nine years. 10 years is for legal residence.

I agree with the consensus here, You've next to no chance of a successful in-country app, will take years, cost thousands and most likely still be rejected.

Ignorance of the law is no defence, I think you need to eat some humble pie and get on a plane home and apply for FLR, you'll probably get it in a week, being from a 'favoured' country immigration-wise. This admirable but pointless posturing is only gonna make things worse for you and your family.

jjohnmichael4u · Post by **jjohnmichael4u** » Mon Aug 11, 2008 12:03 pm

let me clarify my position. i have no intent on fighting the h.o. on this. although there are other individuals who may not have much choice but to do so.
i only want to know one thing now. which application should i go for?
had entry clearance and blew it by not fileing for ILR. so now im an overstayer but goin back to states to sort out.
been married five years so is it a settlement visa i should go for, spouses visa, or can i still apply for ILR in the states as ive already done there two years probation with prior entry clearance. just confused on which one to file for now when i do go back to the states.
ii do not need anymore comments, just which form? thankyou

Post by **vinny** » Mon Aug 11, 2008 12:23 pm

You may apply for another spouse visa from the USA. If you have already satisfied the KOL requirements, then you may as well include the proof with your application.

jjohnmichael4u · Post by **jjohnmichael4u** » Mon Aug 11, 2008 1:05 pm

thanks vinny. so that would be a vaf4 correct? and forgot about the kol test. thats what held me up in applying for ILR as i didnt even know about it till a week before i even looked into re-applying for my visa. by then it was to late. does anyone have a link to sample tests for this? from what i hear people from the uk born and raised cant even answer some of the questions. just another hurdle to overcome.

Post by **vinny** » Mon Aug 11, 2008 2:02 pm

jjohnmichael4u wrote:so that would be a vaf4 correct?

Yes

jjohnmichael4u wrote:does anyone have a link to sample tests for this?

What you need to know

yankeegirl · Post by **yankeegirl** » Mon Aug 11, 2008 2:22 pm

so that would be a vaf4 correct

Have a look at the VAF4, but just to give you a heads up, you'll actually do the application online through the UKVisas site. Once you've completed the online application, it will direct you to make an appointment for the biometrics, which will be done at a USCIS in your area once you return to the US. Once you've done the biometrics, send in all supporting documents to the appropriate consulate either via post or courier. Have a look through www.britainusa.com because the application process has changed quite a bit since you applied 2 years ago.

jjohnmichael4u · Post by **jjohnmichael4u** » Mon Aug 11, 2008 2:47 pm

thanks for the headsup yankeegirl..biometrics...jeesh next they will want my dna lol. ya know in all this im not real bothered if they reject my application or not. sometimes wonder if its best for me and my family to make our lives in the states. just worked to hard a staying here to throw it all away.
anyways looked at this sample test for life in the uk here on this site. dam they missed the mark with it. like easter eggs have anything to do with bein british. you might as well ask me what color suit gordon brown wears.
i hate politics

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overstayed entry clearance visa

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