ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

Spouse Visa - Overstayer - chances of approval?

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

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

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Fri Aug 09, 2019 3:19 pm

Hi everyone,

I'm a new user and it's my first time posting. Everyone's posts on here are so helpful. Very grateful to the admins of this website and all of the users.

I wanted some advice, hopefully from those with a similar scenario.

I recently applied for my husband's spouse visa (23rd of July). I was introduced to my husband earlier this year for the purpose of getting to know each other for marriage. (Arranged). By March I had decided that we are both very compatible and had the same outlook on life. We hit it off instantly. By the end of March we were engaged and married in April. He was very open and honest with me about overstaying in the UK in the past. He left the UK in 2014 voluntarily, after being detained for some months.

I wanted to know what the chances are of having the visa approved in the first go? Have there been any cases where over stayers have had their visa's approved without it having to go through appeal?

physicskate
Diamond Member
Posts: 1604
Joined: Tue Oct 30, 2012 10:46 am

Re: Spouse Visa - Overstayer - chances of approval?

Post by physicskate » Fri Aug 09, 2019 3:50 pm

For clarity, is this an application for entry clearance? Is he currently abroad?

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Fri Aug 09, 2019 4:26 pm

Yes - he is currently back in Pakistan and the application is for entry clearance as a spouse

physicskate
Diamond Member
Posts: 1604
Joined: Tue Oct 30, 2012 10:46 am

Re: Spouse Visa - Overstayer - chances of approval?

Post by physicskate » Fri Aug 09, 2019 8:23 pm

Fififadi wrote:
Fri Aug 09, 2019 4:26 pm
Yes - he is currently back in Pakistan and the application is for entry clearance as a spouse
In and of itself, the previous overstay is not grounds for refusal. Illegal working, use of deception, etc... are different matters which may or may not be relevant to his case.

User avatar
Jaune08
Member
Posts: 190
Joined: Thu Jul 11, 2019 5:50 pm
Mexico

Re: Spouse Visa - Overstayer - chances of approval?

Post by Jaune08 » Fri Aug 09, 2019 10:57 pm

physicskate wrote:
Fri Aug 09, 2019 8:23 pm
In and of itself, the previous overstay is not grounds for refusal. Illegal working, use of deception, etc... are different matters which may or may not be relevant to his case.
Exactly, this is more important. Fififadi, rather than the overstay itself, what matters is the surrounding circumstance:
-Did he work illegally or received medical treatment while he overstayed?
-For how long did he overstay? And what was the type of visa he used to enter to the UK initially: student, tourist, etc?
-After he voluntary left the UK in 2014, has he overstayed again?

I'm not an immigration lawyer, but depending on the causes that make him to overstay, it might be a good idea to be honest about that and write down a cover letter where he explains it.

Fififadi wrote:
Fri Aug 09, 2019 4:26 pm
Yes - he is currently back in Pakistan and the application is for entry clearance as a spouse
That's good, at least he's applying from his home country.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Mon Aug 19, 2019 3:52 pm

Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.

dipakpatel
Newly Registered
Posts: 9
Joined: Fri Jan 07, 2011 10:48 am
Location: london

Re: Spouse Visa - Overstayer - chances of approval?

Post by dipakpatel » Sat Oct 05, 2019 6:23 am

Fififadi wrote:
Mon Aug 19, 2019 3:52 pm
Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.
Any reply Sister regarding the status of your application?

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sat Oct 05, 2019 1:22 pm

dipakpatel wrote:
Sat Oct 05, 2019 6:23 am
Fififadi wrote:
Mon Aug 19, 2019 3:52 pm
Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.

Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.

ms1993
Member of Standing
Posts: 279
Joined: Sun Mar 17, 2019 2:09 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Sat Oct 05, 2019 5:16 pm

Fififadi wrote:
Sat Oct 05, 2019 1:22 pm
dipakpatel wrote:
Sat Oct 05, 2019 6:23 am
Fififadi wrote:
Mon Aug 19, 2019 3:52 pm
Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.

Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
This is so disappointing Fiffiadi - I’ve been looking out for your posts and will pray for you too, God willing.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sat Oct 05, 2019 8:15 pm

ms1993 wrote:
Sat Oct 05, 2019 5:16 pm
Fififadi wrote:
Sat Oct 05, 2019 1:22 pm
dipakpatel wrote:
Sat Oct 05, 2019 6:23 am
Fififadi wrote:
Mon Aug 19, 2019 3:52 pm
Thank you both for your replies. I appreciate it.

Will wait and see what happens. Have applied and used the priority service. I know the decision isn't straight forward and most likely won't be made in the given timescale, but at least i can hope to have a decision before the 3 months processing time. God willing.

Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
This is so disappointing Fiffiadi - I’ve been looking out for your posts and will pray for you too, God willing.
Hey..

Yeah the wait is making me very anxious, I am extremely stressed out!
Thank you, please do keep us in your prayers. I will do the same.

When are your 30 days up?

ms1993
Member of Standing
Posts: 279
Joined: Sun Mar 17, 2019 2:09 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Sat Oct 05, 2019 8:18 pm

Fififadi wrote:
Sat Oct 05, 2019 8:15 pm
ms1993 wrote:
Sat Oct 05, 2019 5:16 pm
Fififadi wrote:
Sat Oct 05, 2019 1:22 pm
dipakpatel wrote:
Sat Oct 05, 2019 6:23 am



Any reply Sister regarding the status of your application?

Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
This is so disappointing Fiffiadi - I’ve been looking out for your posts and will pray for you too, God willing.
Hey..

Yeah the wait is making me very anxious, I am extremely stressed out!
Thank you, please do keep us in your prayers. I will do the same.

When are your 30 days up?
I’m not surprised but InshaAllah it will be in your favour! We chose the standard service in the end so first week of December... I submitted everything by 19th Sept and now waiting on the ECO email but haven’t had anything so it’s a matter of trying to get on with daily life until we hear anything.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sat Oct 05, 2019 8:23 pm

ms1993 wrote:
Sat Oct 05, 2019 8:18 pm
Fififadi wrote:
Sat Oct 05, 2019 8:15 pm
ms1993 wrote:
Sat Oct 05, 2019 5:16 pm
Fififadi wrote:
Sat Oct 05, 2019 1:22 pm



Hi

No I haven’t received a reply even though we applied for priority service.

Received an email last week to say they hadn’t received sponsors documents, which I had already submitted. So I went and submitted them again. No sure how long it will take now.
This is so disappointing Fiffiadi - I’ve been looking out for your posts and will pray for you too, God willing.
Hey..

Yeah the wait is making me very anxious, I am extremely stressed out!
Thank you, please do keep us in your prayers. I will do the same.

When are your 30 days up?
I’m not surprised but InshaAllah it will be in your favour! We chose the standard service in the end so first week of December... I submitted everything by 19th Sept and now waiting on the ECO email but haven’t had anything so it’s a matter of trying to get on with daily life until we hear anything.

Oh right ok. Yeah it’s hard not to think about it. We didn’t get our ECO email for at least 2 weeks and that was on priority service. I’ve seen people who haven’t received it at all, so don’t worry. If you do want to find out though, you can call them and enquire status of application, they’ll only give you a very standard response ‘still undergoing checks’ or awaiting decision etc, but at least you’ll have peace of mind. Do bare in mind it costs about £1.37 per minute.

ms1993
Member of Standing
Posts: 279
Joined: Sun Mar 17, 2019 2:09 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by ms1993 » Sat Oct 05, 2019 8:26 pm

Fififadi wrote:
Sat Oct 05, 2019 8:23 pm
ms1993 wrote:
Sat Oct 05, 2019 8:18 pm
Fififadi wrote:
Sat Oct 05, 2019 8:15 pm
ms1993 wrote:
Sat Oct 05, 2019 5:16 pm


This is so disappointing Fiffiadi - I’ve been looking out for your posts and will pray for you too, God willing.
Hey..

Yeah the wait is making me very anxious, I am extremely stressed out!
Thank you, please do keep us in your prayers. I will do the same.

When are your 30 days up?
I’m not surprised but InshaAllah it will be in your favour! We chose the standard service in the end so first week of December... I submitted everything by 19th Sept and now waiting on the ECO email but haven’t had anything so it’s a matter of trying to get on with daily life until we hear anything.

Oh right ok. Yeah it’s hard not to think about it. We didn’t get our ECO email for at least 2 weeks and that was on priority service. I’ve seen people who haven’t received it at all, so don’t worry. If you do want to find out though, you can call them and enquire status of application, they’ll only give you a very standard response ‘still undergoing checks’ or awaiting decision etc, but at least you’ll have peace of mind. Do bare in mind it costs about £1.37 per minute.
Yeah I gathered from many timelines that it’s usually 1-2 weeks but some people don’t even receive an email until 4-6 weeks in.

Thank you for the heads up about the contact but we know it will be generic responses. My husband and I have decided to just leave things be as they are and to carry on with daily life up until the decision is received

I left Pakistan in April so I’m sure another few months will fly by too 🤷🏽‍♀️

Hoping for the best 🤞🏽

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sat Oct 05, 2019 8:29 pm

ms1993 wrote:
Sat Oct 05, 2019 8:26 pm
Fififadi wrote:
Sat Oct 05, 2019 8:23 pm
ms1993 wrote:
Sat Oct 05, 2019 8:18 pm
Fififadi wrote:
Sat Oct 05, 2019 8:15 pm


Hey..

Yeah the wait is making me very anxious, I am extremely stressed out!
Thank you, please do keep us in your prayers. I will do the same.

When are your 30 days up?
I’m not surprised but InshaAllah it will be in your favour! We chose the standard service in the end so first week of December... I submitted everything by 19th Sept and now waiting on the ECO email but haven’t had anything so it’s a matter of trying to get on with daily life until we hear anything.

Oh right ok. Yeah it’s hard not to think about it. We didn’t get our ECO email for at least 2 weeks and that was on priority service. I’ve seen people who haven’t received it at all, so don’t worry. If you do want to find out though, you can call them and enquire status of application, they’ll only give you a very standard response ‘still undergoing checks’ or awaiting decision etc, but at least you’ll have peace of mind. Do bare in mind it costs about £1.37 per minute.
Yeah I gathered from many timelines that it’s usually 1-2 weeks but some people don’t even receive an email until 4-6 weeks in.

Thank you for the heads up about the contact but we know it will be generic responses. My husband and I have decided to just leave things be as they are and to carry on with daily life up until the decision is received

I left Pakistan in April so I’m sure another few months will fly by too 🤷🏽‍♀️

Hoping for the best 🤞🏽
I left in April too.. but it seems like a lifetime ago!

I’ve been told to leave it and see too, but I’m the least patient person ever. Lol

All the best!

Mehar_11
Newly Registered
Posts: 13
Joined: Sun Sep 15, 2019 8:03 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by Mehar_11 » Sat Oct 05, 2019 10:07 pm

Hi, Hope it all works out for you. My husband is going to be leaving for entry clearance in a few weeks. He has overstayed for a few years. We did try from here but werent successful. Its a stressful situation to be in.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Sat Oct 05, 2019 11:19 pm

Mehar_11 wrote:
Sat Oct 05, 2019 10:07 pm
Hi, Hope it all works out for you. My husband is going to be leaving for entry clearance in a few weeks. He has overstayed for a few years. We did try from here but werent successful. Its a stressful situation to be in.
Thank you. I hope it all works out for you too.

It’s really the worst situation to be in. Where will you be applying from and will you be using the priority service too?

Are you all prepared with all the other paperwork?

pinksunflower
Newly Registered
Posts: 18
Joined: Tue Sep 10, 2019 12:39 pm
Australia

Re: Spouse Visa - Overstayer - chances of approval?

Post by pinksunflower » Sun Oct 06, 2019 4:46 am

Wishing you the best Fififadi. Did you include a letter explaining the overstay? I’m going to have to do the same in the near future. I’d appreciate any tips you may have

Mehar_11
Newly Registered
Posts: 13
Joined: Sun Sep 15, 2019 8:03 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by Mehar_11 » Sun Oct 06, 2019 3:39 pm

Hey thanks he will be applying from pakistan and will be via priority service. We do have all the papers ready they only thing im worried about is that he had some points on his driving license. Also they may question how we supported himself the time he overstayed which was a period of 2 years before he met me. Initially he came on a spouse visa bt his marriage ended.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Mon Oct 07, 2019 8:00 am

pinksunflower wrote:
Sun Oct 06, 2019 4:46 am
Wishing you the best Fififadi. Did you include a letter explaining the overstay? I’m going to have to do the same in the near future. I’d appreciate any tips you may have
Thanks so much!
Yes, explained in cover letter briefly, but explained in the Application form with a little more detail. I did a cover letter as a sponsor but my husband also did one acknowledging his over staying, and explaining why this happened.

I would love to provide tips, but i have no idea how it will go just yet. Really hoping for a miracle.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Mon Oct 07, 2019 8:04 am

Mehar_11 wrote:
Sun Oct 06, 2019 3:39 pm
Hey thanks he will be applying from pakistan and will be via priority service. We do have all the papers ready they only thing im worried about is that he had some points on his driving license. Also they may question how we supported himself the time he overstayed which was a period of 2 years before he met me. Initially he came on a spouse visa bt his marriage ended.
Yes, as far as i'm aware, it's not just about the overstaying itself, it's about whether they worked without right to work in the UK, whether they used NHS services, what they did during their period of overstaying.

I've seen some application on here that have been decided within priority service timelines despite previous overstay history - ours unfortunately hasn't met this timeline.

pinksunflower
Newly Registered
Posts: 18
Joined: Tue Sep 10, 2019 12:39 pm
Australia

Re: Spouse Visa - Overstayer - chances of approval?

Post by pinksunflower » Mon Oct 07, 2019 11:02 am

Keeping my fingers crossed for you and your hubby. Wishing you a positive outcome. Please update us when you hear back. I’m going to be going through this spouse visa process in a few months. Really appreciate all the info shared on this board.
Fififadi wrote:
Mon Oct 07, 2019 8:00 am
pinksunflower wrote:
Sun Oct 06, 2019 4:46 am
Wishing you the best Fififadi. Did you include a letter explaining the overstay? I’m going to have to do the same in the near future. I’d appreciate any tips you may have
Thanks so much!
Yes, explained in cover letter briefly, but explained in the Application form with a little more detail. I did a cover letter as a sponsor but my husband also did one acknowledging his over staying, and explaining why this happened.

I would love to provide tips, but i have no idea how it will go just yet. Really hoping for a miracle.

spreekhan
Junior Member
Posts: 85
Joined: Sat Jul 08, 2017 8:58 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by spreekhan » Mon Oct 07, 2019 6:31 pm

You will get visa no problems
Because he leave uk voluntary.
Not by public funds.
Did he buy his own ticket to go back.

If yes no problem.

You will get visa if you follow apendex fm .

Regards.

Mehar_11
Newly Registered
Posts: 13
Joined: Sun Sep 15, 2019 8:03 pm

Re: Spouse Visa - Overstayer - chances of approval?

Post by Mehar_11 » Mon Oct 07, 2019 7:28 pm

My husband has had some clinic appointments at a hospital but was never asked to pay i’m worried this might go against him too

User avatar
Zerubbabel
Respected Guru
Posts: 2450
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Zerubbabel » Tue Oct 08, 2019 7:32 am

Mehar_11 wrote:
Mon Oct 07, 2019 7:28 pm
My husband has had some clinic appointments at a hospital but was never asked to pay i’m worried this might go against him too
It depends for what. If he went there because he suspected he has TB or HIV, that's fine. You can read this:

https://www.gov.uk/guidance/nhs-entitle ... alth-guide

Access to other services, even if he wasn't asked to pay, is abuse of the NHS system and weights in decisions.

My wife was illegal. We went to the hospital one day because she was really ill. She spent the night there and was discharged later.

I wrote them a letter asking to pay because she is not entitled to free NHS. They sent me a £850 bill. I paid it. As that bill was paid, the fact that she used the NHS was never held against her.

Fififadi
Member
Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Spouse Visa - Overstayer - chances of approval?

Post by Fififadi » Tue Oct 08, 2019 7:33 am

spreekhan wrote:
Mon Oct 07, 2019 6:31 pm
You will get visa no problems
Because he leave uk voluntary.
Not by public funds.
Did he buy his own ticket to go back.

If yes no problem.

You will get visa if you follow apendex fm .

Regards.
Hi Spreekhan

Yes, he brought his own ticket to go back home.

I did apply via Appendix FM - thank you for your encouraging words.

Post Reply
cron