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Overstayer

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john111
Newly Registered
Posts: 2
Joined: Wed Feb 11, 2009 2:19 pm
Location: london

Overstayer

Post by john111 » Wed Feb 11, 2009 2:57 pm

Please everyone on here, i need an advice on an issue. my name is john and i got married to my wife who is a british citizen in nigeria in jan 2008. i met her in the uk 2006 when i came on visit. went back home to nigeria and i came again in 2007 and stayed a month and left for nigeria. she then came to nigeria to get married to me 2008 nov.
I decided to go and visit her again on my visit visa to the uk for a month and then return to nigeria to apply for a spouse visa or so. but on getting to the uk my plans changed. i realised my wife was pregnant for my baby and she started having complications and had to stay behind. she kept on sufferring from reoccuring hypertion and needed my support and presence. Because of this my visa experied and urgent step were not taking to apply for an extension of stay. now she has given bath to my baby boy and the baby is 7months old now.
I went to see a solicitor last nov 2008 and he putting in an application for me in the home office on humanitarian grounds baesd on the fact that i am married to a british citizen and father of a british citizen and the fact that i had to overstay bacause of reason beyond my control.
I got an acceptance letter from the home office in dec and another letter followed in jan to come and give my biometries( tump print).
After going to tump print in jan , have been waiting on their reply .

Can anyone tell me my chances.
thank you for taking time to read my prob.

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Wed Feb 11, 2009 4:06 pm

Overstayer cases can potentially take a long time. The fastest option would be to go home without getting caught and apply for a spouse visa.

Vanadil
Senior Member
Posts: 526
Joined: Wed Oct 29, 2008 11:58 am
Location: London, UK

Post by Vanadil » Wed Feb 11, 2009 5:23 pm

None of the dates you have mentioned match up or make any sense.....

"married to my wife who is a british citizen in nigeria in jan 2008"

"she then came to nigeria to get married to me 2008 nov"


You came in 2007 for a month so lets say this is when she got pregnant. So 9 months later a baby was born in 2008 presumably? But you stayed in the country while the baby was in gestation and being born? But she came to see you in Nigeria in November 2008? But you submitted a application in the UK through a solicitior in November 2008? But you got married in January 2008?

None of this makes any sense at all so I can only assume 90% is lies or mistakes. Could you please clarify which this is please?

john111
Newly Registered
Posts: 2
Joined: Wed Feb 11, 2009 2:19 pm
Location: london

oh my mistake

Post by john111 » Wed Feb 11, 2009 9:37 pm

sorry i made a mistake in the dates.. she came to nigeria 2007 nov and she stayed for a month , we got married in dec 2007 and i returned to the uk in jan 2008 , and i made an application to the home office in nov 2008. she gave birth to my child in july 2008 and my child will be 7 months this month ending.. i have not lied but i made a mistake due to typing errors.

She was having complications and i had to stay in the uk till the baby was born.
Pls match the dates with my previous write up.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu Feb 12, 2009 10:16 am

paulp wrote:Overstayer cases can potentially take a long time. The fastest option would be to go home without getting caught and apply for a spouse visa.
This is of course the correct advice which should have been given to him by his solicitor, who however wouldn't have made any money out of doing so.

He now runs the risk of being served with papers as an overstayer and removed, and having to apply for the spouse visa with the disadvantage of an adverse history. If he chooses to stay he may be granted LTR, but he can look forward to a long wait and further legal bills.

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