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

Welcome to immigrationboards.com!

Login Register Do not show

Advice on regularising immigration status needed

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

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

vinny
Moderator
Posts: 28250
Joined: Tue Sep 25, 2007 7:58 pm

Re: Advice on regularising immigration status needed

Post by vinny » Fri Jan 01, 2016 10:44 pm

320(7A & 7B) may be exempted under A320, but they may refuse under 320(11).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 14168
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Advice on regularising immigration status needed

Post by Obie » Fri Jan 01, 2016 10:58 pm

Yes, 320(11 ) may be unduly harsh. However these days, I will put nothing past the UKVI or the Immigration Tribunal.

I think you can make an in country application, using FLR(FP), and I do not think, giving the facts of your case, that it will be certified.

Surinder Singh may be your best option.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

avjones
Diamond Member
Posts: 1551
Joined: Wed May 16, 2007 5:43 pm
Location: London

Re: Advice on regularising immigration status needed

Post by avjones » Wed Jan 06, 2016 3:02 am

If you ask enough solicitors, you will definitely find one who will happily take your money and put in a spouse application, and take more money for judicial review when that is refused.

The test (as you are here illegally) is whether there are "insummountable obstacles" to your married life continuing in your home country.

That is a tough test. Owning a house, working here, your wife being here, none of that is likely to be enough.

For example, I've had refusals in Judicial Review in cases where the spouse has very serious medical conditions as a result of a very bad brain injury, and permanent physical disability from the same car accident. it's that tough.

Even if you do succeed, it's a long, slow route to ILR if you do eventually get a spouse visa in-country. And what happens if your employer takes fright if the Home Office contacts them?

Going back to your country of origin presents no guarantees. But the chances of success and in a reasonable time frame are much higher.
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

blueorchids007
Newly Registered
Posts: 24
Joined: Thu Dec 31, 2015 10:54 am
Nigeria

Re: Advice on regularising immigration status needed

Post by blueorchids007 » Wed Jan 06, 2016 7:47 pm

Thanks @avjones. We are seriously considering me going back and putting in the application from there. I was mostly concerned about the 12 month wait to apply, but from reading the grounds for refusal again, it doesnt seem to apply to application to join FM. Might just be the best option for us going forward. Thanks again.

blueorchids007
Newly Registered
Posts: 24
Joined: Thu Dec 31, 2015 10:54 am
Nigeria

Re: Advice on regularising immigration status needed

Post by blueorchids007 » Sat Nov 10, 2018 10:50 am

Hi y'all. This is 2 years late, but felt i should give an update. I bit the bullet and went back May 2017, and 3 months later, I got my LLR based on spouse. I am on the 5 year route to ILR. Thanks to everyone for their advice. Really helped a lot!

Kwipeh
Junior Member
Posts: 59
Joined: Mon Jun 18, 2018 12:05 am
Nigeria

Re: Advice on regularising immigration status needed

Post by Kwipeh » Sat Nov 10, 2018 1:21 pm

blueorchids007 wrote:
Sat Nov 10, 2018 10:50 am
Hi y'all. This is 2 years late, but felt i should give an update. I bit the bullet and went back May 2017, and 3 months later, I got my LLR based on spouse. I am on the 5 year route to ILR. Thanks to everyone for their advice. Really helped a lot!
Wow, three months. That was super quick! Well done, and congrats.

Post Reply
cron