Immigrationboards.com

dantolu · Junior Member Joined: 25 Jun 2010 Posts: 12

Working whilst overstaying cud be aggreavating circumstances and this cud use at discretion of the ECO and they have to put family life into consideration. Remember this application is in New York where less people apply and they are not strict on them on like applicants from India, Nigeria or Pakistan.

So 320(11) is discretion, so the couples are lucky.

skyepark · Member of Standing Joined: 10 May 2010 Posts: 164

He didn't use any false or forged dice. He just said he was from eu and the employers failed to check his papers

stevenlim123 · Newbie Joined: 12 Oct 2010 Posts: 3 Location: Malaysia

Hi katiebridges87,

My hushand is currently in a similiar situation as your husband, I though you might be able to help us.

My husband was on working holiday visa he was only entitled to work full 12 months during his 2 years in the UK. However, he worked total of 18 months in the UK (10 months paying tax and 8 months without paying tax). We are now married and I want him back in the UK with me.

1) Did he submit his bank statement, payslips, p60 or p45?

2) We are going to be up front with the ECO that I have overworked, but the problem is that those 8 months working without paying tax the employer was my husband uncle, we are worried that the goverment will come up to him and charged him.

3) Did the goverment people ever go to your husband's ex-employer to chrage them?

4) What is your document check-list look like??

5) Is that anything we need to look out for?
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I miss my wife!!!

ginoT · Member of Standing Joined: 18 Apr 2009 Posts: 133

there's one critically important detail missing from this thread - exactly which visa was granted? was it the actual spouse visa originally requested or was it discretionary leave?

katiebridges87 - would very much appreciate your feedback as it impacts my case

elv15 · Member of Standing Joined: 10 May 2010 Posts: 132

Gino T i think Spouse visa is what was granted because OP left the country to apply from country of origin.

vinny · Moderator Joined: 25 Sep 2007 Posts: 12115

See also Doing the right thing? and advice.

Another success with spouse application from aboard.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

sushdmehta · Posted: Tue Apr 12, 2011 11:27 pm Post subject:

beauitful65 · Newbie Joined: 05 Apr 2010 Posts: 5 Location: London

Hello I was reading about sticky's problems and it reflects my own, i came here to ask for help with the same problem although minds is a little different. I am from the UK and my husband is from Jamaica we were married in 2009, my husband is now applying for his visa to join me in the UK, my husband overstayed in the UK for five years he was removed in 2008,my worry is will that hinder his visa? We are not using lawyers to help us i am using the information from the board to put my papers together but i was asked to seek legal advice on the overstaying part, next will there be a problem in the time we take to sort out his visa, I have a everlasting headache about things going wrong please please can someone help me out. Thank you

balujai10 · Newbie Joined: 23 Apr 2011 Posts: 3 Location: Bangalore

Hello,

I had returned from the UK three years ago due to my mum being terminally ill. I had overstayed my student visa and was trying to get married and stay on their. But things turned out that I could not find a suitable bride and it just didn't work out. As long as I was their I studied and worked , paying taxes as other did. After my studies I continued to work and still payed my taxes duly to the government. But now that I back in India I have got a proposal from one of the families in Briton for marriage. I would like to know weather their would be any major issues with the home office granting me a spouse visa. (As I collect I left the country on my own accord and inc-cured no extra cost to the government. Also that I have been paying my taxes like any other worker and did not evade from it , by working for cash in hand jobs. Please do not be of the notion that I am trying to justify my point. What I did was wrong at the end of the day.)
I have gone through various forums and found that it is a period of three years which they say that you cannot go back if you have over stayed your visa.(Provided that you have left the country by yourself)

Please advise me on how I should go about things as I want to get this right this time and be a law abiding citizen now on.
Your views and advises will be much appreciated.
Thank you for taking the time to go through my problem and advise me.
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B.Jai

mochyn · Guru Joined: 09 Dec 2009 Posts: 1038

Are you now in a relationship with someone who has the right to live in the UK and is that person going to your country to marry you?

balujai10 · Newbie Joined: 23 Apr 2011 Posts: 3 Location: Bangalore

Yes .
She has been over to India a couple of times and we are looking to tie the knot soon. I am really hopping everything sails smoothly , as do not want my bride to be stress about this.!!
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B.Jai

sally12345

Casa · Moderator Joined: 23 Jul 2008 Posts: 4684

You'll have to submit a strong application showing that this is a genuine relationship and not a marriage of convenience as a means of returning to the UK.

masrawykansai28 · Newbie Joined: 26 Jun 2011 Posts: 2

Hi, i read your message that you need help about a spouse visa and over stay. Maybe i can help you with that. I recommend to you this site. Before i inquire green card usa and they help me with that. Maybe this site will help you with spouse visa. I also recommend this site to anyone.

dragon085 · Newbie Joined: 03 Jul 2011 Posts: 1

first off thank you everyone for the info and advice. i just want to share my experience.
i went to UK on student visa in 2001 and studied till sep 2009.
after sep 2009 i overstayed my visa till Dec 2010.

i met my partner in august 2010. i came back to my home country in dec 2010. we got married in jan 2011 and applied for spouse visa in feb and got spouse visa in may 2011.

i left UK on my own expenses. did not used any bad quality id's or passports etc in UK. i mentioned in my application that i left UK voluntarily. all other paper work that we submitted was what was specified in guidance notes of application form. my partner has got indefinite leave to remain in UK.

autumn489 · Junior Member Joined: 29 Sep 2011 Posts: 18

Mangkorn · Newbie Joined: 17 Aug 2011 Posts: 5 Location: England

My wife was refused a settlement visa in Jan. 2011. One of the reasons was that she had overstayed. She had not. She left on the last day of her entitlement.

We later appealed the UKBA at tribunal, appeal allowed but we still have not visa 4 months later!

You were very luck to have the visa granted, your husband being an overstayer.