overstayer visa application disclosure question

sacha · Post by **sacha** » Wed Jul 25, 2007 6:39 am

My wife and I met when she was an overstayer in the UK. We lived together for 3yrs, and went to NZ (where she is from) to get married in April 2007. She applied for her spouse visa (from NZ) after we were married, and has now been asked in for an interview (in NZ). When Penny left the UK, she was interviewed, and the overstay was marked on her passport - we have declared this in the visa application.

She is very worried about questions regarding how she supported herself whilst in the UK. She was working as a nanny, and does not want to disclose the details of the family that she worked for, since she does not want to get them in trouble. If she admits to working, but refuses to name the people she was working for, could this mean that her application will be rejected?

Dawie · Post by **Dawie** » Wed Jul 25, 2007 11:32 am

I doubt they will ask her who she worked for, and even if they do, she could just lie. Make up a name and address and telephone number. If they actually tried to investigate further (which is incredibly unlikely) and could not contact this make-believe family, you could just say that they must have left the country or died or something. Use your imagination.

zara · Post by **zara** » Wed Jul 25, 2007 11:32 am

just answer wot u asked dont mention work say u support her or she had savings keep it short and simple dont give away any information that will raise further questions

SYH · Post by **SYH** » Wed Jul 25, 2007 11:41 am

sacha wrote:My wife and I met when she was an overstayer in the UK. We lived together for 3yrs, and went to NZ (where she is from) to get married in April 2007. She applied for her spouse visa (from NZ) after we were married, and has now been asked in for an interview (in NZ). When Penny left the UK, she was interviewed, and the overstay was marked on her passport - we have declared this in the visa application.

She is very worried about questions regarding how she supported herself whilst in the UK. She was working as a nanny, and does not want to disclose the details of the family that she worked for, since she does not want to get them in trouble. If she admits to working, but refuses to name the people she was working for, could this mean that her application will be rejected?

Really that is not how it works. Do you know how much trouble it is to cross reference and inform another agency about it. I think she is better off admiting she was a nanny vs letting them think she was bumming about or even making income illegally. Being a nanny is almost, ALMOST, considered a nonworking catergory.

sacha · Post by **sacha** » Wed Jul 25, 2007 12:45 pm

Thanks guys - this helps. Sounds like the best thing for her to do is admit she worked as a nanny, make up a name and address, and since she'll be saying she stopped working for them over six months ago - its reasonable that the family will no longer be contactable there.

Was just a bit unsure if they could say that they will not grant the visa until they've confirmed her story - ie verified that the family exists, and possibly contacted them. Eg Could they look at council tax records and realise a family of that name never lived in the address given?

Someone told me that if they can prove you are lying on any point (ie who you were working for), they can say that you have not been honest in your application, and hence reject it for that reason alone. Does anyone know if this true?

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 1:50 pm

My advice is not to lie. If she is asked the name of the employing family, she can say that she declines to answer as it is not material to her immigration application.

If they suspect her of lying in one area, they may well suspect her of lying in another, and that is when they start trying to find ways to refuse.

Victoria

Post by **John** » Wed Jul 25, 2007 1:56 pm

I agree, no lies! As they say ..... get caught in the lie, wave the visa goodbye!

But about working as a nanny, was she employed or self-employed? Especially if self-employed, was the Inland Revenue notified, or are we talking about tax evasion as well as the immigration offence of overstaying?

sacha · Post by **sacha** » Wed Jul 25, 2007 2:30 pm

My spouse was working cash in hand. Given her status as an overstayer, this was the only employment she could find.

Her income was pretty low - but you're right she was technically evading tax (although this was obviously not what she would have been doing had she been able to work legally). We are quite happy to pay any estimates of tax based on her income during her overstay period (which will be very small).

Is it possible for me to confirm (since I'm hearing differing opinions from different people) that if she declines to answer based on the fact that it is not material to her application, that this cannot be used as a reason for her visa to be rejected?

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 2:42 pm

If she admits to everything but refuses to name the employer to the Entry Clearance Officer, then I do not believe they can refuse to grant her entry because of that.

Victoria

sacha · Post by **sacha** » Wed Jul 25, 2007 3:41 pm

Thanks Victoria. I can't tell you how much it helps to get advice from someone who seems to actually know what they're talking about.

Is there any way that you know of that we can confirm this 100%?

Sorry to be so pedantic, but my wife and I have worked really hard to get the application to the best possible shape it can be, and this is the area that most concerns us. I'd feel awful if I advised her to go for this approach (which makes most sense to me, and I am most comfortable with), only to find that there is some loophole, which the clearance officer then uses to reject her application.

Again thank you so much for your advice

Sacha

SYH · Post by **SYH** » Wed Jul 25, 2007 3:43 pm

sacha wrote:Thanks Victoria. I can't tell you how much it helps to get advice from someone who seems to actually know what they're talking about.

Is there any way that you know of that we can confirm this 100%?

Sorry to be so pedantic, but my wife and I have worked really hard to get the application to the best possible shape it can be, and this is the area that most concerns us. I'd feel awful if I advised her to go for this approach (which makes most sense to me, and I am most comfortable with), only to find that there is some loophole, which the clearance officer then uses to reject her application.

Again thank you so much for your advice

Sacha

then you say at the time you answer will that be a problem
he can tell you if it will count against you
no one can tell you 100%

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 3:53 pm

Unfortunately, I could never guarantee anything 100 per cent.

The worst case scenario is that they take offence at her attitude, and refuse on the grounds that she is untrustworthy and that granting her entry would be against the public good, or that they pick holes in something else...unfortunately they do this all the time.

However, this is the worst case scenario. It is unlikely they will actually ask her who she was working for.

There are never any guarantees. But sometimes you have no choice but to take the risk.

Victoria

sacha · Post by **sacha** » Wed Jul 25, 2007 4:47 pm

Ok. Thank you so much again for all the advice!

Immigrationboards.com: Immigration, work visa and work permit discussion board

overstayer visa application disclosure question

overstayer visa application disclosure question

dont panic

Re: overstayer visa application disclosure question