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Overstayer-Complicated Case

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KFM
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Joined: Thu Sep 08, 2011 9:21 pm

Overstayer-Complicated Case

Post by KFM » Thu Sep 08, 2011 9:57 pm

I have rekindled a relationship with my former wife who is an overstayer who came to this country in 2003. She came to this country with a visitor permit even though she went back home, she returned but has since not gone back. We had 2 boys 5 & 6 who were born here are now British Citizen by the virtue of my position. I have ILR because i married a British citizen following the breakdown of my relationship with my wife but the marriage didnt work. I had a student visa at the time so i was able to married here at the time. Even though the boys are with me she also take care of them at times. What makes the whole thing complicated is that she sent her passport home before it expired to be stamped as immigration requirement back home whilst she was still here and later asked a brother to make an application for a visa on her behalf back home which was refused in 2006. She was able to do this because at the time no interview or biometric were required and someone can submit and collect application on your behalf. Therefore on records she is supposed to be back home but she is actually here in UK. What sort of help can be offEred to such person with such a complicated case. I would like to have my family back for the sake of the boys but i dont what i can do to help her. Please advise. KFM

mochyn
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Re: Overstayer-Complicated Case

Post by mochyn » Fri Sep 09, 2011 6:41 am

KFM wrote:I have rekindled a relationship with my former wife who is an overstayer who came to this country in 2003. She came to this country with a visitor permit even though she went back home, she returned but has since not gone back. We had 2 boys 5 & 6 who were born here are now British Citizen by the virtue of my position. I have ILR because i married a British citizen following the breakdown of my relationship with my wife but the marriage didnt work. I had a student visa at the time so i was able to married here at the time. Even though the boys are with me she also take care of them at times. What makes the whole thing complicated is that she sent her passport home before it expired to be stamped as immigration requirement back home whilst she was still here and later asked a brother to make an application for a visa on her behalf back home which was refused in 2006. She was able to do this because at the time no interview or biometric were required and someone can submit and collect application on your behalf. Therefore on records she is supposed to be back home but she is actually here in UK. What sort of help can be offEred to such person with such a complicated case. I would like to have my family back for the sake of the boys but i dont what i can do to help her. Please advise. KFM
Since you case seems very complicated I would suggest you contact a lawyer

KFM
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Joined: Thu Sep 08, 2011 9:21 pm

Post by KFM » Tue Sep 13, 2011 4:01 am

Mochyn,

Thank you for your advice. I will contact a solicitor but from your experience do you think it will be worth pusuing this cause here or going back home. Thanks

troubled
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Post by troubled » Tue Sep 13, 2011 10:18 am

If you really want to help your former wife,then why don`t you accompany her to her home country and marry from there.She can apply for spouse visa from her home country and come back to UK.As you said her passport shows she is back to her home country ,that may even make matters a little bit easier for her.

magic7
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Post by magic7 » Tue Sep 13, 2011 6:09 pm

she could get an emergency travel cert/doc, she could use that to travel freely without any problems.

KFM
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Post by KFM » Wed Sep 14, 2011 8:54 pm

Trouble, thank you for your advice I have been thinking around that but she is afraid that she may be finger printed at the airport and that may affect her application if she goes back home. Will she be finger printed? If not then your suggestion would have been the easiest route. Iam prepare to go back home with her to sort this out.

Magic 7, is TC still in use? I thought you now need a passport to travel irrespective of your case. Please advise.

troubled
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Post by troubled » Thu Sep 15, 2011 7:48 am

No fingerprint if you are leaving the country.UKBA are even happy that you are leaving the shores of this country..Don`t let that put you off,get TC for her and she will be fine.You can pm me

magic7
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Post by magic7 » Thu Sep 15, 2011 8:11 am

TC is still very much in use and if I guess right, Your wife is a Nigerian? If so all u need is go to the nigerian embassy and get a form for TC with a police report stating that her passport was lost and a guarantor's bill,any would do, and some other minor documents. Police report is very important and not difficult to get,any police station would give u one. Remember, TC has nothing to do with UKBA so ur wife won't have to worry about being fingerprinted. But its likely she might be stop by UKBA at the airport is she is travelling bk home, u gotta take ur chaances but I will advice she is honest with everything, it will help her. You cannot be issued a new passport from oversea unless u have ur old one so its adviseable to go bk home

KFM
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Joined: Thu Sep 08, 2011 9:21 pm

Post by KFM » Thu Oct 06, 2011 1:57 am

Magic/Touble,

My wife is a Ghanaian and I have been in Ghana for the past few weeks so have not had the oportunity to access update on the board. Magic7, if you say she should be honest should she tell UKBA everything about overstaying if she is asked? Wouldnt this affect her future application to return to UK? What do you think i can do help her whilst am in Ghana now? I went to the embassy on Monday and found out that spousal visa take 3 months to process.

Regards
KFM

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