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Zimbabwean overstayer now married to British Citizen

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Babafoya
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Joined: Wed Feb 09, 2011 3:45 pm

Zimbabwean overstayer now married to British Citizen

Post by Babafoya » Wed Feb 09, 2011 5:03 pm

Hi All

I'm a newbie so please be gentle with me. I've had a few days digesting the vast information on this forum. Unfortunaely I havent yet come across a case specific to mine, if I have overlooked one please point me in the right direction.

My situation is as follows. I am a Zimbabwean citizen, entered the UK in 2002 and was issued a SIX months visitors visa. While in the UK I then applied for a student visa which was valid to 2004. I have since overstayed till to date 2011.

In 2009 I got married to my now wife Somalian currently with ILR, she is currently pregnant and is unemployed due to her current situation, we've been together obviously longer than the two years we've been married. We have evidence of the wedding photos, dvds, letters, cards bills etc.

We are currently looking to see if i can apply for my leave to remain in the UK. My concerns are as we might have all the relevant information my wife is not currently in employement. Would this diminish or dealy our application? I am currently in the UK and my other question is, should we make our application with me here (UK) or should i go back to my country of origin? Would it be advisable to pay a lawyer to assist us in our application or is this something that an ordinary man on the street would be able to handle? And finally I fear the processing of our applicat would take longer than others bearing in mind were I come from corruption is rife, i've read of situation of those who have had results in one, two, or three months.

I fear missing the birth of our child.

Thanking you all for your responces in advance.

rbk1597
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Joined: Mon Jan 24, 2011 10:44 am

Post by rbk1597 » Thu Feb 10, 2011 10:20 am

you have obviously breached the immigration rules and as it is, you are not fit to be trusted by any immigration officer.
You will not be able to apply for FLR here if you are an overstayer. Your case is very thick and will need a very good lawyer.
Your best bet, will be to return to Zimbabwe asap, voluntarily. You will then apply for Spouse visa from there and obviously addressing reasons why you overstayed. If you wait to be deported, then you will probably be unable to return to UK for a long long time.

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Casa
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Post by Casa » Thu Feb 10, 2011 3:40 pm

RBK, the ban on returning doesn't apply for a spouse application, if it's a straight visa overstay.
As your partner is pregnant you may qualify to stay under the Chikwamba ruling but you would need legal assistance for this. I would suggest you seek professional help before you make a decision.

Babafoya
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Post by Babafoya » Thu Feb 10, 2011 5:49 pm

rbk Returning To Zimbabwe is or was my first choice, im still a bit twitchy on my return. How about a "discretioary visa" here.

HRY2005
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Location: UK

Post by HRY2005 » Thu Feb 10, 2011 7:35 pm

I 'll support Casa's advice. Seek proffessional help, weight up the options and decide on what is best for your family.

Good luck.
Live and let live

elv15
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Post by elv15 » Fri Feb 11, 2011 10:32 am

Go with Casa's advise, you need a good immigration lawyer, RBK how can you advise he returns home when it looks like OP dznt meet the financial requirments as sponsor is not working, also they are not deporting to Zim at the moment and he would not be banned from the UK if he applies for spousal visa. Chikwamba might be for you.

Brown212
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Post by Brown212 » Fri Feb 11, 2011 11:40 am

elv15 wrote:Go with Casa's advise, you need a good immigration lawyer, RBK how can you advise he returns home when it looks like OP dznt meet the financial requirments as sponsor is not working, also they are not deporting to Zim at the moment and he would not be banned from the UK if he applies for spousal visa. Chikwamba might be for you.
Never mind, RBK is playing the devil advocate, they are lots of them in this forum, They are all sadist, who derive pleasure in other people misfortune, their is one call mochyn, i he/she should be baned from this forum, if you ask advice on how to apply for DLR under article 8, will tell you to go back to your country and apply without knowing the OP personal circumstances, i think he just want to push them to travel home so that they wont be able to come back to Uk. :evil:

wf
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Post by wf » Fri Feb 11, 2011 11:44 am


Babafoya
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Post by Babafoya » Sun Feb 13, 2011 2:26 pm

Absolutely fantastic advice throughout. I guess the general concesus is DLR in UK will keep you all updated on progress. Ta all :wink:

elv15
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Post by elv15 » Mon Feb 14, 2011 1:38 pm

Please use an experienced Lawyer/Solicitor or an OISC registered adviser. Your case is a bit complex so dont take chances.

daddy
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Joined: Fri Dec 25, 2009 12:08 am

better not go home

Post by daddy » Tue Feb 15, 2011 1:36 pm

If you go home, you may not come back and you will miss your family alot, because, your wife is not working.

If you or your wife have any other situation such as medical conditions, it would also help your application.

You should know that it takes a long time to be granted, but be patient.
Good luck.

zizzle
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Joined: Mon May 24, 2010 2:09 pm

I say go to Zimbabwe

Post by zizzle » Tue Feb 22, 2011 6:38 pm

I just came back from Zimbabwe myself two weeks ago ,have no fear you will come back ,you need one thing and that your wife has ben working and you will be in and out of Zimbabwe in 3 weeks max ,i was there and i saw it all happen and i now know what they need.

I know friends who did Discretionary leave to remain it took them about 2 years and i did my stuff in less time and i can now work but they are still waiting .If you go to Zimbabwe you will be back in a month max ,now tell me if you have 2 years of sitting at home hiding from Immigration ?

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