Spouse Visa Expired / Overstayer / Apply via FLR M?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: sushdmehta, John, ChetanOjha, batleykhan, push, JAJ, Casa, archigabe, vinny, Obie, EUsmileWEallsmile, ca.funke, Amber, Administrator, sbrennan

Spouse Visa Expired / Overstayer / Apply via FLR M?

Postby sanjhet » Wed Sep 08, 2010 12:48 pm

Hi... I could really do with some help please.

Background: Im a UK born citizen... Married my wife in India Jun06 - wife came to UK on 2 year spouse visa for settlement on DEC06... All above board no problems so far, time to settle down and live a normal life.

Unfortunately DEC08 I lost my job at HSBC Bank due to volatile climate and from JAN09 applied for Jobseekers, Housing benefit, CTC, Council tax benefit.

Now that my wife was over the 3 year stay in UK this year I thought Id apply for her to get British Citizenship and Ultimately UK passport. I now know this is all wrong and Im in a right mess... :)

The questions to be answered and advice I need are as follows:

1) Because my wife is a so called overstayer, will she be deported?

2) Do I apply on form FLR M?

3) Im still on benefits and claim all of the above, does this reliance on benefits mean my wife will be refused extended stay? All the benefits were applied in my name and only had joint applications as and when required for applying sake.

4) We had a baby girl DEC07, is she a UK citizen?

This is a very honest mistake and a proper case of never knew any better and never been told any better. I was always under the impression that after a certain time spent in the UK she would automatically be granted UK status.

I look forward to any help and advice so that I can resolve this very unfortunate situation. I am planning a trip to India Late NOV10, is this too optimistic in regards to timescales to sort this mess out?

Regards.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby Casa » Wed Sep 08, 2010 1:34 pm

Your wife would need ILR before British Citizenship and in any event the time spent here on an expired visa wouldn't count.
You need urgent professional advice on this.
Casa
Moderator
 
Posts: 6516
Joined: Wed Jul 23, 2008 2:32 pm

Postby sanjhet » Wed Sep 08, 2010 1:39 pm

Yes... Im quite aware of the process now regarding ILR and British Citizenship.

My concern lies with my wife and Me applying for extended spouse leave and what chances we have and then follow immigration law page by page!

Hope someone with a similar scenario or someone more clued up can help me on this... I wait in vain!
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby sushdmehta » Wed Sep 08, 2010 3:28 pm

The child is a British citizen.

As for your spouse, the following may be (some of) your options:
1. Apply for extension of stay as spouse giving reason(s) for out-oftime application and hope for UKBA discretion to be in your favour. The flip side - UKBA becomes aware of your wife's presence in the UK without valid leave.
2. Wife returns to home country and applies (again) for entry clearance as spouse. Overstaying in the UK should not affect the outcome of the application.

Wait for others to suggest more options, if any. Seek professional advice.


regards
sushdmehta
Moderator
 
Posts: 21747
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Postby sanjhet » Wed Sep 08, 2010 3:33 pm

Thanks for the heads up!!

I am thinking of applying while wife is in UK. Im sure I will put up a valid argument regarding the overstaying part and hope compassion is shown. My other concern centres around me still on benefits.... Will a refusal happen due to me claiming the said benefits?

Has anyone had a similar situation? Maybe another thread with similar topic or content?

I will be looking at professional advice once ive clued myself up with these forums,etc. As a matter of interest... can anyone recommend anything in Leicester? Costs involved? etc.

Hopefully light is in sight at end of tunnel.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby al1 » Wed Sep 08, 2010 3:55 pm

sanjhet wrote:Thanks for the heads up!!

I am thinking of applying while wife is in UK. Im sure I will put up a valid argument regarding the overstaying part and hope compassion is shown. My other concern centres around me still on benefits.... Will a refusal happen due to me claiming the said benefits?

Has anyone had a similar situation? Maybe another thread with similar topic or content?

I will be looking at professional advice once ive clued myself up with these forums,etc. As a matter of interest... can anyone recommend anything in Leicester? Costs involved? etc.

Hopefully light is in sight at end of tunnel.


Im in almost the same situation only my wife is pregnant and has overstayed 7 months. If an overstayer has to go back home and re-apply for EC, does this mean they have to wait a further 2 years to apply for ILR?
al1
Newly Registered
 
Posts: 4
Joined: Wed Sep 08, 2010 2:14 pm

Postby sanjhet » Wed Sep 08, 2010 4:11 pm

Hi Ali...

From reading the small print on forms, I am under the impression because your partner is outside of the immigration rules they would have to satisfy the total commitment of 2 years unbroken stay in the UK before applying for ILR. This is what I belive to be called the probationary period.

In my case, my partner is nearly 2 years overstaying and because she has broken the terms of her immigration status she has to apply on form FLR M. Im quite sure if you apply for ILR they will refuse you because your partner has overstayed and one of the main criteria for ILR is to stay within immigration rules for the whole period.... please do not waste your money!

Hope this helps... Im learning all this myself and hope to make a application within a week. Preparation is the key :)
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby al1 » Wed Sep 08, 2010 5:00 pm

Thanks sanjhet, thats does make sense. Just got off the phone with immigration. The guy i spoke to was very strick, he said she must leave the country immediately. I told him she was pregnant and he said then i must get a doctors note stating she cant travel and apply for ILR, but its at the discretion...etc

I also asked a guy at immigration about FLR? to extend the visa right? he said there is no visa to extend so that would be a waste of time.

Im going to see a solicitor on friday hopefully. kinda good to have someone to talk to about this. Thank god for these forums.
al1
Newly Registered
 
Posts: 4
Joined: Wed Sep 08, 2010 2:14 pm

Postby sanjhet » Wed Sep 08, 2010 7:03 pm

Help !!!!!!!

Does anyone have any further advice to add to this or is it just a case of getting professional legal advice now?

Q. Surely my partner isnt the first to have overstayed her first spouse visa... Rather than go back to India and reapply for spouse visa, what FORMS would she need to submit if I wanted to go the compassion route and hope ECO / UKBA grant extension of stay.

Help is greatly appreciated.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby al1 » Thu Sep 09, 2010 11:00 am

Sanjhet, look at this site: http://www.iasuk.org

Im planning on going next week, i called them up and they deal with people in our situation; and because you are on benefits you may be entitled to having it done for free. Read the pages.
al1
Newly Registered
 
Posts: 4
Joined: Wed Sep 08, 2010 2:14 pm

Postby vinny » Thu Sep 09, 2010 11:33 am

Has she satisfied the KOL requirements?
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
vinny
Moderator
 
Posts: 16398
Joined: Tue Sep 25, 2007 7:58 pm

Postby sanjhet » Fri Sep 10, 2010 11:10 am

Al1 - Thanks for the info... Will be contacting them and see if they can help,not sure if I qualify for the free service, because my partner has no recourse to public funds.

Vinny - Yes & No - She has passed the ESOL with UK life and culture content from a accredited learning academy. Her certificate should be arriving any time now / As explained in my post, we was under the impression that she would qualify under the 3 year rule to become a UK citizen.

As it stands, she has overstayed, and im very concerned in regards to what to do. Next week I should have a clue as to what avenue to go through.

Maybe, someone might read this thread and have very similar traits and offer a more suitable solution.

Thanks to all so far!

Kind Rgds.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby ElenaW » Fri Sep 10, 2010 11:15 am

A more suitable solution would be for her to return back to her home country and apply for a spousal there.

By the way, how are you supporting the both of you on benefits?
I tell it like it is.
ElenaW
Diamond Member
 
Posts: 1517
Joined: Wed Oct 07, 2009 10:14 am
Location: Back and forth between California and Leeds :D

Postby sanjhet » Fri Sep 10, 2010 11:27 am

Elena W - How could her going back to India and re-applying for spouse visa be possible due to me being on benefits? Plus, we have a baby 30 months old who is still dependant on her mother ( night and day bursts of breastfeeding ).

Im sure the amount of paperwork needed for a fresh application for a overseas application just wouldnt be approriate.

Please correct me if im wrong.

Rgds.

p.s: my mother lives with me and partner and supports us as and when with financial difficulties.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby HRY2005 » Fri Sep 10, 2010 2:03 pm

sanjhet wrote:not sure if I qualify for the free service, because my partner has no recourse to public funds.


I dont think Legal Aid funding is classified as public funds. That should not be a problem in your case.

Elena W - How could her going back to India and re-applying for spouse visa be possible due to me being on benefits?


While returning home to make an application is still the easiest solution to the problem but given the facts of your case, its not the way out in my opinion, as you have also realised.

As mentioned before, a DL application seems the right option. Contact the IAS as suggested and see what advice you'll get. If you are lucky to get a new job quickly and go off benefits, then you can start plans on your wife returning home to make an entry application. otherwise, NO.

Good luck
Live and let live
HRY2005
Member of Standing
 
Posts: 340
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Postby ElenaW » Fri Sep 10, 2010 2:42 pm

OP you're right. It would probably be a refusal based on your financial situation. Can you quickly find a job? Like any job? This would be a lot better looking when applying.

I see your situation is very difficult but the DL route is a long long route. That's why I suggested applying from India.
I tell it like it is.
ElenaW
Diamond Member
 
Posts: 1517
Joined: Wed Oct 07, 2009 10:14 am
Location: Back and forth between California and Leeds :D

Postby sanjhet » Fri Sep 10, 2010 3:47 pm

Thanks for the help so far...

DL = what?

If I just told them the truth and said it was a mis-hap, whats the likelyhood of them extending leave for a temporary term again??

To breakup the family and have 1 partner overseas with a baby involved seems so so harsh... I would be devastated if that would happen... A key point I forgot to mention is my partner has been awarded carers allowance to care for my mother... will this help or hinder the chances... Also... DWP asked to see partners passport only this year via post and the visa inside clearly shows she had no leave or an extension since 2008DEC... they still sent passport back and awarded her carers allowance.

Any ideas / please.

Thanks!

P.s: sorry for any typos... im on mobile web.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby sushdmehta » Fri Sep 10, 2010 4:11 pm

sanjhet wrote:DL = what?
Discretionary Leave.


regards
sushdmehta
Moderator
 
Posts: 21747
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Postby sanjhet » Fri Sep 10, 2010 4:40 pm

Thanks sushdmehta!!

Do you have a link for the guidance notes and form?

Regards.
sanjhet
Newbie
 
Posts: 27
Joined: Tue Sep 07, 2010 12:12 pm

Postby HRY2005 » Fri Sep 10, 2010 6:28 pm

sanjhet wrote:Thanks sushdmehta!!

Do you have a link for the guidance notes and form?

Regards.


While I will suggest that you seek the advice of an OISC registered solicitor or the IAS as suggested before.

The Guidanceand the form is Form FLR(O)
Live and let live
HRY2005
Member of Standing
 
Posts: 340
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Next

Return to Immigration for family members

 


  • Related topics
    Views
    Replies
    Last post

Who is online

Users browsing this forum: Google [Bot], Wanderer and 43 guests