Immigrationboards.com

katiebridges87 · Junior Member Joined: 26 Jan 2010 Posts: 12 Location: U.K

hello all,
this is my first post so please bear with me.I am a british citizen who recently married my wonderful husband(13th dec 2009) in his home country of st.vincent.

We posted our online visa application just after and he had an interview and his biometrics done on 22nd december,we then recieved an email from the british consular based in N.Y on Jan 5th stating they had recieved his application and it would take up to 20 working days to process.

The issue is my husband has been an overstayer in the U.K since 2006,he has been honest about this in his application and even showed he has been working full time(and paying taxes might i add!)for that time.does anyone know how this will affect his visa application?im really worried he will be refused and we have a 3 and a half year old son and one on the way!!(we sent evidence of my pregnancy to them also)

thanks in advance
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mochyn · Guru Joined: 09 Dec 2009 Posts: 1038

Being an overstayer will have no effect on his application for spousal visa

ElenaW · Posted: Wed Jan 27, 2010 8:35 am Post subject:

Not to worry. Like mochyn said they will not refuse the application based on a spouse overstaying.
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moma · Junior Member Joined: 18 Jun 2009 Posts: 45 Location: UK

i dont mean to be a party popper but it might cause probs cos they could refuse saying he contrived to frustrate the rules so just be prepared but the 320 exemption is used at ECO's discretion. i was refused becoz i had overstayed and im currently appealing. but American ECO's seem like they are good people not too tough. all the same good luck

katiebridges87 · Junior Member Joined: 26 Jan 2010 Posts: 12 Location: U.K

thanks guys well i hope that we get some kind of response asap,this is torture!! Crying or Very sad

also do you know if they will take my partners(who overstayed)savings and money into consideration?because the other factor is im in my overdraft and dont have an awful lot of money in savings.

22nd dec: biometrics done
05th jan:recieved email from new york saying they had recieved our application
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*survival of the fittest*

ElenaW · Posted: Tue Feb 02, 2010 9:27 pm Post subject:

katiebridges87 · Junior Member Joined: 26 Jan 2010 Posts: 12 Location: U.K

thanks elena,
i really hope they do because money management isnt my strongest point!!also like i pointed out my husband was working here whilst overstaying if he looses his job(because it is taking a long time or he is refused)would i be able to get help to pay my rent/council tax as im a british citizen??or is that recourse to public funds?sooo confusing! Confused

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*survival of the fittest*

ElenaW · Posted: Tue Feb 02, 2010 9:57 pm Post subject:

katiebridges87 · Junior Member Joined: 26 Jan 2010 Posts: 12 Location: U.K

Great news!!!!
my husband recieved an email thurs to say his visa had been issued!!!we are truely over the moon and he will be coming home as soon as he can.this website is fabulous its a horrible thing to wait for but you must stay positive people!!!I had serious doubts as he was an overstayer but hes coming back and we can be a family!!!! Smile

dec 22nd -biometrics done
Jan 5th-documents recieved in NY british consular
Feb 4th-SPOUSE VISA ISSUED!!!!!
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Wanderer · Guru Joined: 21 Apr 2005 Posts: 5910

Make this a Sticky in defiance of all the stay-and-pray HRA Article 8'ers would would have had you in three years of purgatory....

Congrats!
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All IMHO....

ElenaW · Posted: Sat Feb 06, 2010 10:27 pm Post subject:

wowzers! congrats!!
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I tell it like it is.

katiebridges87 · Junior Member Joined: 26 Jan 2010 Posts: 12 Location: U.K

sorry how do i make a sticky wanderer? Confused

thanks
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Wanderer · Guru Joined: 21 Apr 2005 Posts: 5910

mochyn · Guru Joined: 09 Dec 2009 Posts: 1038

katiebridges87 · Junior Member Joined: 26 Jan 2010 Posts: 12 Location: U.K

definatley agree!!!

overstayers should take this as proof that if you do it correctly and be honestly and apply in home country it is much quicker and easier then doing in U.K
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*survival of the fittest*

mochyn · Guru Joined: 09 Dec 2009 Posts: 1038

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

can i ask what you submitted, what docs did he provide re his paying taxes I thought that working while overstaying is illegal and refused under 320 (11) contriving the rules and breaching visa. did he obtain what visa did he overstay on?

I am so worried about this help?

Kitty · Posted: Thu Jul 22, 2010 12:04 pm Post subject:

skyepark, I think the point is that overstaying. breach of terms etc. cannot be used on their own for 320(7B) refusals where the applicant is applying as a spouse. However, they can act as a "springboard" for a 320(11) refusal if there are additional "aggravating circumstances".

Check the guidance on refusals on the UKBA webpage for what constitute "aggravationg curcumstances", but it's things like claiming benefits to which you weren't entitled, participating in a sham marriage etc.

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

i understand that working while overstaying is breaching the conditions of a visa and aggravating the rules.

HRY2005 · Senior Member Joined: 08 Dec 2009 Posts: 336 Location: UK

As well as using forged or bad quality document to gain employment if he hadn't been issued a working visa before.
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