Spouse Overstayer

A friend of mine arrived into the country in Febraury 2005 on a spouse visa, but it expired in February 2007, she and he husband forgot to apply for her ILR, which makes her an overstayer, she has since had a baby in December 2007, can you give me some advice on what to do, her husband is in the process of applying for her ILR he is getting the documents together, but still has not applied, she is very worried that she might get deported and not be allowed back into the UK, can you tell me is this likley and what is likely to happen to her and when does she stand as far as her rights to be in this country

she is stuck here as she cannot not afford to go back home, because her husand is unemployed and she has just had a baby, is she likely to get deported????????????

she better leave the country now and apply for a new spouse visa

Please can someone advise on the topic as time is ticking on and with the new rules coming in place, is she likely to have to go home and not come back for 1 year or will she be allowed to come back straight away with a new spose visa and will she be better taking the baby with her or leave it here in the uk wth the father

It's an almost impossible situation to which to give a "right answer".

It's almost inconceivable that an application for leave to remain more than one year out of time would succeed. "Husband forgot" is scarcely credible or acceptable grounds for an exception to be made.

So, as SYH says, the alternative is to go back and seek a visa. But - a) if she applies after 1st April, which now is almost inevitable, then her "overstaying offence" may mean that she can not apply successfully for a year at least, and
b) if hubby is unemployed it may be difficult to fulfil the support and accommodation requirement.

I would have thought that whether the baby travels with mum or stays with dad is a matter of welfare rather than immigration. If it is entitled to British citizenship, they should get a British passport before travel.

sorry to be a pain, would the baby be a British Citizen as father is a British Citizan and mother is an overstayer from India, also father was caught in possesion of drugs it was cocaine , but was let off with a caution, but has a criminal record, can you tell me will that go against them in the application, and having a baby does that strenghten her case or not??????????? also she had a miscarriage at the end on 2006, would that be aa reason to be expemt or does that not matter, when it come o applying for ILR, also the main question is is she likely o be deported or not as she is an overstayer and has technically no rights to be in the uk?????????????????

Baby born in UK to British Dad is British.
Dad's criminal record should have no bearing on spouse's application.

On reflection I think she could submit an application here. As they have been married and together in the UK for 3 years, the application could be considered under the Home Office Policy DP3/96, but they would need to show that the husband has strong life-long ties to the UK, and could not reasonably be expected to settle in India.
She needs to see a good legal advisor to ensure that the application is presented with all the points covered, including support and accommodation if he is unemployed.

Forget about new spouse visa, I say just get a new spouse......

gollywood wrote:Forget about new spouse visa, I say just get a new spouse......

SYH, is that you?

Wanderer wrote:

gollywood wrote:Forget about new spouse visa, I say just get a new spouse......

SYH, is that you?

Nope not me

SO THE QUESTION REMAINS, WHAT ARE HER CHANCES OF STAYING IN THIS COUNTRY, ARE THERE ANY CHANCES OF HER GETTING DEPORTED??????????

nursetaylor100 wrote:SO THE QUESTION REMAINS, WHAT ARE HER CHANCES OF STAYING IN THIS COUNTRY, ARE THERE ANY CHANCES OF HER GETTING DEPORTED??????????

you were already told. what is the point in putting in caps.
who knows the chances, are you kidding me. we don't have no crystal ball.
Your case is weak because she is an overstayer by one year. she needs to leave to regularize her status and thats that.
The othet bit about being married for 3 years is irrelevant when the time was acquired while being illegal.
It is no excuse that she doesn't money to leave. You better find it and find it fast or you'll make your situation worse along the way or go get a solicitor and ask him if our response are not good enough for you. And personally I'd leave the baby here as the uk father can apply for benefits to have it taken care of while the mother is away.

sorry about the caps, i did not mean any offence, they were just on, i understand what your saying that she has no chance, but all i want to know is if they atteppt to apply and get refused, will the HO coming looking for her and deport her

Also what about what Mr Rusty wrote applying through DP3/96 is there a chance this will work

nursetaylor100 wrote:sorry about the caps, i did not mean any offence, they were just on, i understand what your saying that she has no chance, but all i want to know is if they atteppt to apply and get refused, will the HO coming looking for her and deport her

I dont know if they will look for her but if she is refused, they will ask her to leave and it will come back to haunt you
I see no point in applying unless you find a solicitor
If you don't plan on doing that, then she needs to leave now.

if we get her a Solicitor, is this likely to incease her chances or would it still mean spending alot of money and still having to be away from the UK for 1 year with the new rule

nursetaylor100 wrote:if we get her a Solicitor, is this likely to incease her chances or would it still mean spending alot of money and still having to be away from the UK for 1 year with the new rule

Unless the solicitor can reveal some info that is pertinent to the case, I doubt he will be able to resolve it any better than her leaving the country and applying for a new visa.
So that depends on what other info is available. However most solicitors will provide a free initial consultation, although they have a self interest to convince you to pay them to make a case that may not exist.
So again stop making us figure out stuff that requires a crystal ball. If she is going to go, she needs to go quickly before the new order comes in and bans her for good.

i know i keep asking you the same question i apologise, but its just becuase i am concerned, but because, her husband is unemployed and she still has ot done her ESOL, it is likely she will apply in a few months time, so the main question is, once the new rule is in place from 1st of April, if she makes an application after that, is she not likely to ever return in the country and get a ban, please advise, it is greatly appreciated.

nursetaylor100 wrote:i know i keep asking you the same question i apologise, but its just becuase i am concerned, but because, her husband is unemployed and she still has ot done her ESOL, it is likely she will apply in a few months time, so the main question is, once the new rule is in place from 1st of April, if she makes an application after that, is she not likely to ever return in the country and get a ban, please advise, it is greatly appreciated.

No more from me. I already explained it. You just want to keep beating a dead horse. I am sure someone else will oblige you.

Thanks for all the the advise you gave me, bt you have to undertand i need advice and possible outocmes so i can advise my friend correctly as her funds are limitd, sorry if i annoyed you

I don't see what her alternative is, unfortunately. Getting legal advice may be useful, but it may be worthwhile pursuing Rusty's advice and trying the in-country application. It's a shame she has overstayed by a year without a reasonable excuse...

How can your friend to forget to apply for IRL? You are not giving us the complete picture. If she had a spouse visa, she would remember when it would expire. After all, it's a big issue for her isnt it?
My feeling is that applying here might not be successful. In effect she has deceived the authorities. Saying she forgot is no excuse, as some here have mentioned.
She has made unecessary complications for herself. even getting a good lawyer here, holds no guarantees.
Something else is going on here, only my gut feeling.
Someone I know, was a failed assylum seeker, He wanted to get a spouse visa, but was told he wouldnt get it here. It was 50/50 chance he would be successful at home. He created his own mess. Much in the same way has your friend. No easy path ahead I'm afraid. Sorry I cant be more positive for you.

Thanks for your advice Martha

when i first posted this on yesterday i explained, that about 2 months before hr spouse visa expired she had a miscarraige, i think that played a part in her forgetting to apply, im not making any excuses, but i also mentioned she has a new born baby and her husband just has ben to court for possesion of drugs nd got a caution, but has a criminal record, Mr Rusty says that wont affect the application is that true, and also the husband is unemployed, the main thing she needs to know is with the new laws coming in place, they state you cannot return for 1 year at leas but she fears that because of her immigration history and her husbands criminal record she may never be allowed back i the country, is there a possibility or will she be definitley be allowed back in the country at some stage????????????? please advise, Thank You

Hi everybody,

I am hoping someone could shed some light on this. I was wondering if after you have 'served' your ban, your application is proccessed under the normal rules? Is the overstay no longer an issue after this point?

Thank you.

P.S. I am thrilled that SYH has been banned...its about time. Thanks admin!!!

Wanderer wrote:

gollywood wrote:Forget about new spouse visa, I say just get a new spouse......

SYH, is that you?

This is definatley not anyone called SYH - although having seen that he/she is banned, I'll watch my step:)