Zimbabwean overstayer

[Green Giant]

I am a Zimbabwean overstayer ,and i have been in the UK since 1999 ,i went to college for 1 year before my finances dried up and so i just started working to support myself .I didn't apply to extended my visa because i could not afford it and so the home office haven't asked me to leave or anything like that.

I got married legally in 2005,My wife now has been granted her Indefinite Leave to Remain under the 10 year long stay.Having been to see many lawyers who advised us that it will be better if we went to sort this out in Zimbabwe we are planning to go asap to sort this stuff out .We have collected the information on the below link

http://www.immigrationboards.com/viewto ... ht=#242311

except for one or two things like - Immigration Advisory Service Statement (To explain reasons for my overstaying)
which i am working on getting ,or if anyone can help with the details which one of these documents would usually have on them, as i understand i can do it my self due to the fact that i need to leave for Zimbabwe asap and i dont have the time to see the Immigration Advisory Service

My main questions are

1) Before i leave do i let the Home office know i am leaving (even though they haven't asked me leave before )

2) Will i get problems at the Airport as i will be leaving using a ETD and i am an overstayer

3) When i get to Zimbabwe should i let the case worker know i was working and show them my CV and work Payslips to show them that i am able to support myself with taking public funds

IF ANYONE HAS ANY RELEVANT INFORMATION I WILL BE VERY GRATEFUL TO RECEIVE IT

[Mr Rusty]

Answers to your questions are:-

1. No. If you came on a visa and never made an application to the Home Office, they won't have a file on you. No point in creating one.
2. It's quite possible that you will be served with a notice as an overstayer. Probably your fingerprints will be checked to see whether you've previously claimed asylum or come to notice before. Make sure you check in with plenty of time to allow for this, but they are unlikely to prevent you boarding your flight. Being listed as an overstayer doesn't in itself trigger refusal of a spouse visa application.
3. A little more difficult. If you produce evidence of illegal working, the ECO might attempt to refuse you under Para 320(11) of the Immigration Rules, i.e. that you contrived to "Frustrate the Intentions" of the Rules. Have a read of this:
http://www.ukvisas.gov.uk/en/ecg/refusa ... onsofrules
You will note that they can't just refuse you for the immigration offences of overstaying or illegal working, there have to be "aggravating circumstances", such as using a false identity. You'd better look at the evidence you propose to produce and take advice as to whether it is likely to assist your application.

Two things interest me, if you don't mind commenting:-
- why do you think explaining reasons for overstaying will make any difference to your spouse application? The important thing to show is that you've been married for 5 years and it's a genuine relationship.
- you got an ETD, presumably from the ZWE High Commission? What evidence did you have to show them to get it?

[Green Giant]

Thanks a lot for coming back to me i am going to be trvaelling back to Zimbabwe and i just wanted to know what forms i will need from the home office website for such an application

And if you have any further information i would be very grateful to receive it

[geriatrix]

Spouses, partners, civil partners and proposed partners
VFS Global

[Green Giant]

Sorry the link about just takes me to a page os there a chance you can be more specific on where the forms are

thank you

[Mr Rusty]

Sorry the link about just takes me to a page os there a chance you can be more specific on where the forms are

thank you

I sent you a pm in response to yours. If you read the Q&As, you'll probably find the link to the correct form. If you've been talking to IAS I'm surprised they haven't told you what to do.

Any comments on the couple of questions I posed in my previous post?