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Overstayed mother with british citizen father and children

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mum23
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Overstayed mother with british citizen father and children

Post by mum23 » Tue Apr 05, 2011 10:41 am

I really need an advice here regarding this matter. I have overstayed since 2004 (came as a student genuinely in 2003 - unable to renew my visa since i had financial issue at that time) i have worked and payed for NI,, tax. Later i met my husband and got married in 2006. He received his British Citizenship last year oct 2010. We have 3 children eldest is 4 years 5 month, 3 yrs and 1yr 5 month. All 3 children has received their british citizenship when my husband applied for him.

My question is-

1. How can i legalize my stay here? What should i apply for? spouse visa or what type of visa. (sorry that i have no knowledge on this matter)

2. I know some of you will ask, why i cant i go back to home country and apply.

I fear if my application will not be approved and stuck in home country.

3. What are my chances of getting anything since my husband and children are british citizen.

I know its not going to be an easy ride, i have done mistakes of being overstayed but at that time that was the only option i had. Was planning to go home but met my husband, happily married and lovely beautiful children. No regrets there. I hope i could sort this out as im really worried.


Please advice.

joh118
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Post by joh118 » Tue Apr 05, 2011 11:56 am

Your chances of legalising your stay is very promising. You have alot of strong arguments argue. I think you have Article 8 rights. You have a UK husband, and UK children.

The simplest way to legalise your stay is to leave the UK and apply for a Spouse visa from your home country. I know this may be diffcult because you have 3 young children. However, even though you overstayed, you have good chances.

If going back to your home country is not an option, you could apply for discretionary leave to remain. If you wish to apply for DLR in the UK, then I strongly suggest you find a good immigration advisor to help you. This is because although you have a strong case, these applications tends to be complicated and need alot of evidence. A good acredited advisor can do this for you.

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Casa
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Post by Casa » Tue Apr 05, 2011 12:00 pm

Joh118 is right. You need legal help if you're going to submit an application for Discretionary Leave.

Greenie
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Post by Greenie » Tue Apr 05, 2011 12:07 pm

where is your home country?

what was your husband's nationality before he became British?

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Post by vinny » Tue Apr 05, 2011 12:19 pm

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mum23
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Post by mum23 » Tue Apr 05, 2011 3:36 pm

thanks for everyones reply, yes i would like to apply from here. I suppose DLR is the only way to legalise my stay here.

@ joh118 - when you said a good acredited advisor do you mean a lawyer?


My husband and i worried if we make an application here i would be sent back to apply from home country and that would be more difficult (i think).

The main reason i want to apply from here is the financial issue if i were to go back home and of course my children.

My husband gained his citizenship through legacy casy - assylum (Afghanistan) and im from beautiful lovely country Malaysia.

I would like to legalize my stay here so i could travel freely in and out UK.

As Malaysia do not allow dual citizenship and i DO NOT want to lose my Malaysian citizenship, and as for now i dont have any intention of getting british citizenship just to legalize my stay to move freely. I hope i have put my words right. I dont have any intention to be rude in anyway (i dont think am)

please advice

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Casa
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Post by Casa » Tue Apr 05, 2011 4:03 pm

A solicitor specialising in Immigration Law and registered with the Law Society or a Level 3 OISC Registered Immigration Advisor.

mum23
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Post by mum23 » Tue Apr 05, 2011 4:11 pm

thanks casa, my husband has asked 2 or 3 lawyers and they have said that they could present the case for me. But for some reason (good one) i trust members here have more knowledge than them.

Just been hearing how lawyers suck the money out of others especially those with immigration issues. Also personal experience when one of the lawyer made my other half give him almost £7000.
Casa wrote:A solicitor specialising in Immigration Law and registered with the Law Society or a Level 3 OISC Registered Immigration Advisor.

joh118
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Post by joh118 » Tue Apr 05, 2011 5:30 pm

Even though your case not straightforward, £7000 is an outrageous fee.

Also, after you get DLR, you will have to wait 6 years to get ILR. There is nothing to stop you (after you get DLR) to go back to your home country and apply for Spouse visa. On a spouse visa, you only need to wait 2 years to get ILR. In any case, if there are any problems and your spouse visa is not approved, you can still return to the UK on your DLR.

mum23
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Post by mum23 » Tue Apr 05, 2011 10:37 pm

thanks joh118, thanks for the info, now few more things, before i definitely go to the lawyer to present my case, is there anything else i should know?


joh118 wrote:Even though your case not straightforward, £7000 is an outrageous fee.

Also, after you get DLR, you will have to wait 6 years to get ILR. There is nothing to stop you (after you get DLR) to go back to your home country and apply for Spouse visa. On a spouse visa, you only need to wait 2 years to get ILR. In any case, if there are any problems and your spouse visa is not approved, you can still return to the UK on your DLR.

joh118
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Post by joh118 » Wed Apr 06, 2011 12:16 am

You should know, there is a difference between a representative/advisor, a solicitor and a lawyer.

I wouldn't go so far as to get hold of an (expensive) lawyer (yet). I would get a Level 3 OISC Registered Advisor. A Level 3 registered advisor can represent you at appeal hearings before an immigration judge at the AIT.

You will find advisors to be more affordable than lawyers.

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