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Successful Spouse visa after overstay and FLR FP refusal

Family member (Appendix FM of the immigration rules) & Ancestry immigration
Marriage | Unmarried Partners | Fiancé | Ancestry

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Romeshhh
Newly Registered
Posts: 3
Joined: Mon Jul 22, 2019 10:12 pm
United Kingdom

Successful Spouse visa after overstay and FLR FP refusal

Post by Romeshhh » Fri Oct 11, 2019 10:08 pm

Hi everyone,

This forum had really helped my mine and my partners journey for a successful spouse visa and we wanted to share our story and timeline in case it helps others.

The simplified version is my husband came to the UK in 2011 on a student visa, he then overstayed and we met in 2015, married in 2017 in the UK.

We were advised (wrongly) by a lawyer to apply for FLR FP in 2017, unfortunately as we had no aggravating circumstances ie. children or illness we were refused after 8 months.

Then we went to a different solicitor and we were told our best option was for my husband to go back to his home country and apply for entry clearance as a spouse to overcome the overstay.

Below is a timeline of our journey:
April 2018 - FLR FP applied
Dec 2018 - FLR FP refused
Jan 2019 - Left for home country

Type Of Visa Applied: Spouse Settlement - Husband
Priority/Non-Priority: Non-Priority
Application Centre: Colombo, Sri Lanka
Online Application Submitted: 26/6/2019
Bio-metrics taken at VFS Colombo: 15/7/2019
Documents Uploaded at biometrics appointment
Sponsor contacted by UKVI (working for family): No
Employer contacted: No
Case not straightforward email: No
VFS Text/email For Passport Collection: 10/10/2019
Passport Collected: 11/10/2019
Status: Successful
Vignette: 8/10/2019 to 7/11/2019
Visa Granted From: Until July 2022
Time Taken: 63 Working Days from biometrics

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Successful Spouse visa after overstay and FLR FP refusal

Post by seagul » Fri Oct 11, 2019 10:29 pm

Romeshhh wrote: ↑
Fri Oct 11, 2019 10:08 pm


Then we went to a different solicitor and we were told our best option was for my husband to go back to his home country and apply for entry clearance as a spouse to overcome the overstay.


Status: Successful
Time Taken: 63 Working Days from biometrics
Thats what we advise all the times.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

pinksunflower
Newly Registered
Posts: 18
Joined: Tue Sep 10, 2019 1:39 pm
Australia

Re: Successful Spouse visa after overstay and FLR FP refusal

Post by pinksunflower » Sat Oct 12, 2019 3:40 pm

congrtulations Romeshhh!

Can I ask, did your husband access the NHS or work during his overstay? Wondering how you would have addressed this in the spouse visa application.

Romeshhh wrote: ↑
Fri Oct 11, 2019 10:08 pm
Hi everyone,

This forum had really helped my mine and my partners journey for a successful spouse visa and we wanted to share our story and timeline in case it helps others.

The simplified version is my husband came to the UK in 2011 on a student visa, he then overstayed and we met in 2015, married in 2017 in the UK.

We were advised (wrongly) by a lawyer to apply for FLR FP in 2017, unfortunately as we had no aggravating circumstances ie. children or illness we were refused after 8 months.

Then we went to a different solicitor and we were told our best option was for my husband to go back to his home country and apply for entry clearance as a spouse to overcome the overstay.

Below is a timeline of our journey:
April 2018 - FLR FP applied
Dec 2018 - FLR FP refused
Jan 2019 - Left for home country

Type Of Visa Applied: Spouse Settlement - Husband
Priority/Non-Priority: Non-Priority
Application Centre: Colombo, Sri Lanka
Online Application Submitted: 26/6/2019
Bio-metrics taken at VFS Colombo: 15/7/2019
Documents Uploaded at biometrics appointment
Sponsor contacted by UKVI (working for family): No
Employer contacted: No
Case not straightforward email: No
VFS Text/email For Passport Collection: 10/10/2019
Passport Collected: 11/10/2019
Status: Successful
Vignette: 8/10/2019 to 7/11/2019
Visa Granted From: Until July 2022
Time Taken: 63 Working Days from biometrics

bathanza
Senior Member
Posts: 709
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Re: Successful Spouse visa after overstay and FLR FP refusal

Post by bathanza » Sat Oct 12, 2019 5:22 pm

This is EXACTLY what people should be doing

After my husband's initial refusal I was prepared to wait but we did have genuine obstacles which would have put me in difficulty which is why we were granted a visa

The best thing about this case is 3 month wait and a 5 year route to settlement.. well done for your bravery when it came to separation.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

Mehar_11
Newly Registered
Posts: 13
Joined: Sun Sep 15, 2019 9:03 pm
United Kingdom

Re: Successful Spouse visa after overstay and FLR FP refusal

Post by Mehar_11 » Sun Oct 13, 2019 7:27 am

pinksunflower wrote: ↑
Sat Oct 12, 2019 3:40 pm
congrtulations Romeshhh!

Can I ask, did your husband access the NHS or work during his overstay? Wondering how you would have addressed this in the spouse visa application.

Romeshhh wrote: ↑
Fri Oct 11, 2019 10:08 pm
Hi everyone,

This forum had really helped my mine and my partners journey for a successful spouse visa and we wanted to share our story and timeline in case it helps others.

The simplified version is my husband came to the UK in 2011 on a student visa, he then overstayed and we met in 2015, married in 2017 in the UK.

We were advised (wrongly) by a lawyer to apply for FLR FP in 2017, unfortunately as we had no aggravating circumstances ie. children or illness we were refused after 8 months.

Then we went to a different solicitor and we were told our best option was for my husband to go back to his home country and apply for entry clearance as a spouse to overcome the overstay.

Below is a timeline of our journey:
April 2018 - FLR FP applied
Dec 2018 - FLR FP refused
Jan 2019 - Left for home country

Type Of Visa Applied: Spouse Settlement - Husband
Priority/Non-Priority: Non-Priority
Application Centre: Colombo, Sri Lanka
Online Application Submitted: 26/6/2019
Bio-metrics taken at VFS Colombo: 15/7/2019
Documents Uploaded at biometrics appointment
Sponsor contacted by UKVI (working for family): No
Employer contacted: No
Case not straightforward email: No
VFS Text/email For Passport Collection: 10/10/2019
Passport Collected: 11/10/2019
Status: Successful
Vignette: 8/10/2019 to 7/11/2019
Visa Granted From: Until July 2022
Time Taken: 63 Working Days from biometrics
Something i really wanted to know too my husband is planning to go back and apply for entry clearance. He has attended clinic appointments in a hopital. During which we had applications pending and IHS was paid but later refunded. We were not asked to pay by the NHS. I hope this wont be an issue. We will be declaring the appointments

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