Overstayed spousal visa for 6 years, urgent advice needed.

sc18 · Post by **sc18** » Thu Mar 01, 2018 2:51 pm

Hello All,

I have overstayed my spouse Visa that was issued in 2010 and expired in 2012. My husband (a British citizen) and I overlooked this expiry date and I have not applied for an extension or any other Visas since. During the period of 2012 to 2018, we have gone through customs 4 times for holiday with our 2 children (also British citizens and one is under the age of 18) and have had no trouble with border control until 25/2/2018 when I was stopped by border control upon entering the UK and given an immigration bail. This gives me 1 month in the UK to sort out my application before my removal date following the end of the 1 month. The bail also states that I cannot work or study during this period and I have quit my job and I am not currently studying.

My questions are:
1.What type Visa should I apply for? Set(M)? FLR(M)? FLR(fp)? etc
2. Should I return to my home country voluntarily and apply for a family Visa, or should I apply in the UK?
3. What Visas can I apply for as an overstayer in the UK?
4. Will I be banned from entering the UK or applying for UK Visas as I am an overstayer?
5. Will being an overstayer affect my chances of a successful application?
6. From my basic understanding, after completing 2 years of spouse Visa you can apply for a following 2 years extension and after completing the extension, you can apply for ILR. Could I apply for the extension of 2 years or would being an overstayer mean that I must apply for the initial 2 years all over again?

Thank you for reading this, any help or advice would be hugely appreciated.

Casa · Post by **Casa** » Thu Mar 01, 2018 3:06 pm

sc18 wrote: ↑
Thu Mar 01, 2018 2:51 pm
Hello All,

I have overstayed my spouse Visa that was issued in 2010 and expired in 2012. My husband (a British citizen) and I overlooked this expiry date and I have not applied for an extension or any other Visas since. During the period of 2012 to 2018, we have gone through customs 4 times for holiday with our 2 children (also British citizens and one is under the age of 18) and have had no trouble with border control until 25/2/2018 when I was stopped by border control upon entering the UK and given an immigration bail. This gives me 1 month in the UK to sort out my application before my removal date following the end of the 1 month. The bail also states that I cannot work or study during this period and I have quit my job and I am not currently studying.

My questions are:
1.What type Visa should I apply for? Set(M)? FLR(M)? FLR(fp)? etc FLR(FP) Partner route (10 year route to settlement).
2. Should I return to my home country voluntarily and apply for a family Visa, or should I apply in the UK? If you meet all the requirements (including your husband's minimum income of £18,600 p.a), it will probably be quicker to apply for a spouse settlement visa from outside of the UK.
3. What Visas can I apply for as an overstayer in the UK? FLR(FP) Partner route.
4. Will I be banned from entering the UK or applying for UK Visas as I am an overstayer? Not simply for overstaying. Have you used NHS facilities during your period of overstaying?
5. Will being an overstayer affect my chances of a successful application? Possibly, due to the fact that you've been working illegally.
6. From my basic understanding, after completing 2 years of spouse Visa you can apply for a following 2 years extension and after completing the extension, you can apply for ILR. Could I apply for the extension of 2 years or would being an overstayer mean that I must apply for the initial 2 years all over again? FLR(M) is 2.5 years x 2.5 years (5 years for ILR). You don't qualify for FLR(M) or SET(M) due to the length of time since your original spouse visa expired. Note No.1 above

Thank you for reading this, any help or advice would be hugely appreciated.

vinny · Post by **vinny** » Thu Mar 01, 2018 3:10 pm

It’s a pity that you didn’t apply for SET(M) under the old rules during the last six years.

Now, 287 doesn’t seem applicable anymore, as you are on Immigration bail.

I guess you should apply for FLR(FP), ten years partner route.

graceofgod1 · Post by **graceofgod1** » Thu Mar 01, 2018 3:11 pm

sc18 wrote: ↑
Thu Mar 01, 2018 2:51 pm
Hello All,

I have overstayed my spouse Visa that was issued in 2010 and expired in 2012. My husband (a British citizen) and I overlooked this expiry date and I have not applied for an extension or any other Visas since. During the period of 2012 to 2018, we have gone through customs 4 times for holiday with our 2 children (also British citizens and one is under the age of 18) and have had no trouble with border control until 25/2/2018 when I was stopped by border control upon entering the UK and given an immigration bail. This gives me 1 month in the UK to sort out my application before my removal date following the end of the 1 month. The bail also states that I cannot work or study during this period and I have quit my job and I am not currently studying.

My questions are:
1.What type Visa should I apply for? Set(M)? FLR(M)? FLR(fp)? etc
2. Should I return to my home country voluntarily and apply for a family Visa, or should I apply in the UK?
3. What Visas can I apply for as an overstayer in the UK?
4. Will I be banned from entering the UK or applying for UK Visas as I am an overstayer?
5. Will being an overstayer affect my chances of a successful application?
6. From my basic understanding, after completing 2 years of spouse Visa you can apply for a following 2 years extension and after completing the extension, you can apply for ILR. Could I apply for the extension of 2 years or would being an overstayer mean that I must apply for the initial 2 years all over again?

Thank you for reading this, any help or advice would be hugely appreciated.

I am trying to make sense how ukvi let you in the uk without valid leave to enter or remain. And i think the application would be flr fp partner route coz you are an overstayer and once granted you may be able to swich to flr m if you meet financial requirement.

sc18 · Post by **sc18** » Thu Mar 01, 2018 5:46 pm

Thank you all for replying so quickly.

I have some further questions that I would be grateful if you could answer them:
1. How long does an application for FLR(FP) take if applying within the UK? Probably 12 months or more.
2. Can you apply for FLR(FP) without a valid Visa, and if so, will there be a higher chance of refusal? Yes

Thank you for your help once again.

FXR_1340 · Post by **FXR_1340** » Thu Mar 01, 2018 6:36 pm

graceofgod1 wrote: ↑
Thu Mar 01, 2018 3:11 pm

sc18 wrote: ↑
Thu Mar 01, 2018 2:51 pm
Hello All,

I have overstayed my spouse Visa that was issued in 2010 and expired in 2012. My husband (a British citizen) and I overlooked this expiry date and I have not applied for an extension or any other Visas since. During the period of 2012 to 2018, we have gone through customs 4 times for holiday with our 2 children (also British citizens and one is under the age of 18) and have had no trouble with border control until 25/2/2018 when I was stopped by border control upon entering the UK and given an immigration bail. This gives me 1 month in the UK to sort out my application before my removal date following the end of the 1 month. The bail also states that I cannot work or study during this period and I have quit my job and I am not currently studying.

My questions are:
1.What type Visa should I apply for? Set(M)? FLR(M)? FLR(fp)? etc
2. Should I return to my home country voluntarily and apply for a family Visa, or should I apply in the UK?
3. What Visas can I apply for as an overstayer in the UK?
4. Will I be banned from entering the UK or applying for UK Visas as I am an overstayer?
5. Will being an overstayer affect my chances of a successful application?
6. From my basic understanding, after completing 2 years of spouse Visa you can apply for a following 2 years extension and after completing the extension, you can apply for ILR. Could I apply for the extension of 2 years or would being an overstayer mean that I must apply for the initial 2 years all over again?

Thank you for reading this, any help or advice would be hugely appreciated.
I am trying to make sense how ukvi let you in the uk without valid leave to enter or remain. ......

Indeed. Is it THAT easy?

I recently travelled to USA and, as my American wife was already in the US, I was petrified that I would not be allowed to enter. Hence why I travelled via Dublin to clear US Immigration a bit closer to home. Clearly I had nothing to worry about!

Of course, maybe the OP (American?) is from a country not requiring a prebooked visa and received the visa at the Point of Entry?

vinny · Post by **vinny** » Thu Mar 01, 2018 8:24 pm

On second thoughts, 287 doesn't actually specify the current leave you must have. If you can satisfy the transitional provisions, plus 287, 288, including KoLL and 287(a)(vii), etc., then there may be a chance of SET(M) succeeding.

Perhaps include detailed explanations for the caseworker on how each relevant paragraph of the rules succeeds.

Risky, because the rules are complex. If they refuse, then they may grant FLR(FP) instead anyway.

sc18 · Post by **sc18** » Sun Mar 25, 2018 11:24 pm

I would like to know I am currently applying for a spouse visa outside UK. I have sent my application on line and my documents should be arrived to the immigration office in Shiffield around 5/4. While I am waiting would it be possible if I use my Hong Kong passport to enter UK as a visitor?

sc18 · Post by **sc18** » Sun Mar 25, 2018 11:39 pm

Hi I would like to know, I am currently applying for for a spouse visa, my husband and my children are British Citizens. I have already sent the application online the documents should be arrived to Sheffield around 5/4. While I am waiting would it be possible to enter to UK using my Hong Kong passport as a visitor ? If they let me in I can stay for 6 months and wait for the decision, thanks.

seagul · Post by **seagul** » Mon Mar 26, 2018 12:00 am

But how can you travel since the original passport need to deposit at local vfs office until the decision unless there is a special service available at your local vfs office to request back original.

vinny · Post by **vinny** » Mon Mar 26, 2018 12:00 am

Posts merged.

vinny · Post by **vinny** » Mon Mar 26, 2018 12:08 am

Moreover, visitors are not exempted from a minimum one-year re-entry ban due to overstaying.

vinny · Post by **vinny** » Mon Mar 26, 2018 4:28 am

sc18 wrote: ↑
Sun Mar 25, 2018 11:24 pm
my Hong Kong passport

Which type?

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Overstayed spousal visa for 6 years, urgent advice needed.

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