Overstayer waiting for settlement

Hi,

I like this board very much, because we are free to talk about any circumstances, and always get professional advise.

I have been this country for just 10 years, I came in with a student visa, the visa expired on 2003, and I married a British citizen on 2004, our daughter was born on December 2005, now she is 2years and 8 month old. I made a application for Settlement on March 2008, had one reply from the home office asking for more information, but after we replied, I have heard nothing since. We are a happy family, and have our own house, my husband has his own business, and I have a part time job. We don't cliam any benefit, including child benefit, and tax credit, because I don't want to give home office any reason to refuse my application.

I haven't seen my family for 5 years, they are in China. I really miss them, and I am the only child for my family. Last month was my 27th birthday, I saw my dad cried on the MSN, because he couldn't be with me on my birthday, and they are miss me too much. But my current situation make me can not leave this country, and they can not come to visit me, I told them, My husband can invite them come to visit, but they are too afraid because of my situation, the Embassy in beijing will not give them the visa. I am deeply hurt by all these feelings.

Guys, can you give any advice on my case. I understand that my case may need to take some time for the home office to make dicision. But how long, what can I do to make it quick, or what can I do to help this application.

Please, I really need to you to advice and support me.

Thanks a lot.

Chen

there is the chikwamba case law in your favour so in the long run, you should get your visa but when?

The quickest way is to return to China and apply for spousal visa or Rights of Access to a British child visa. You have two options. You will get a better visa instead of a 3 year discretionary and you could be applying for ILR in just 2 years rather than 6 years.

I can't see a reason for your application to fail so long you meet the requirements.

You might be sitting close to 2 years or more to get your visa in country but it seems the home office have improved on their timing now so maybe a year or so.

My best advise is to return home and make an entry clearance application and be back in less than 2 months.

all the best.

chenli306 wrote:Hi,

I like this board very much, because we are free to talk about any circumstances, and always get professional advise.

I have been this country for just 10 years, I came in with a student visa, the visa expired on 2003, and I married a British citizen on 2004, our daughter was born on December 2005, now she is 2years and 8 month old. I made a application for Settlement on March 2008, had one reply from the home office asking for more information, but after we replied, I have heard nothing since. We are a happy family, and have our own house, my husband has his own business, and I have a part time job. We don't cliam any benefit, including child benefit, and tax credit, because I don't want to give home office any reason to refuse my application.

I haven't seen my family for 5 years, they are in China. I really miss them, and I am the only child for my family. Last month was my 27th birthday, I saw my dad cried on the MSN, because he couldn't be with me on my birthday, and they are miss me too much. But my current situation make me can not leave this country, and they can not come to visit me, I told them, My husband can invite them come to visit, but they are too afraid because of my situation, the Embassy in beijing will not give them the visa. I am deeply hurt by all these feelings.

Guys, can you give any advice on my case. I understand that my case may need to take some time for the home office to make dicision. But how long, what can I do to make it quick, or what can I do to help this application.

Please, I really need to you to advice and support me.

Thanks a lot.

Chen

Thank you for your advice. I was going to return to china on March this year before I made this application. But the lawyer said there is a new law, for overstayer who going back to their own country apply for vise to come back to UK need to wait for at least 1 year, maybe longer. I can not leave my family for that long, my daughter is only 2 something, and she is going to school soon. So I stayed and made this application.

You said If I go back to China apply for Entry clearance, and maybe come back within two month, but the above point seems very scary to me. If I take child with me, leave my husband in UK alone, he can not afford all the money to support the whole family.

The home office website says, they considering the application for longest is 3 month, is that mean including my situation, or is that only for the normal applications.

I also heard that any phone call or letter we write to the home office for chase up the decision will be make the waiting for even longer, is that ture? Because, I know in the home office there is only one case worker for each case, so if I write to him directly, will he see this letter, will it make any different to my applicaiton?

Thank you

it's 1am now, I can't believe they are so many people still on this websit, and can get reply so quickly, any advice helps. The most important thing is I can get some one to listen to my voice, and be here with me; this make me feel a lot better, especially Twin, thank you so much for your reply, you don't know how much it means to me. And I believe everyone on this website is so kind to help. I strongly suggest this site to anyone who have immigration concerns.

Thank you.

Chen

There is currently a concession in place for overstayers who return home before the 1st October to seek entry clearance. Basically they wouldn't be banned which is what I think your solicitor was referring to.

Even better though is the subsequent announcement from the immigration minister not to ban overstayers who are applying for a family settlement visa as it would be in your case if you return home to apply for entry clearance.

Basically, it means there would be no bar on you to re-enter the UK provided you meet the requirements of the rule. If you haven't contrived to frustrate immigration rules i.e the use of multiple ID e.t.c, you should be fine.

Chikwamba is always there for you if you decide to stay in country and fight but the truth is another case law might come in tomorrow that could undermine Chikwamba tomorrow (this brings to mind, Edore).

Rather than twiddle your pretty fingers waiting on the home office to decide your fate, you could go to China and make an application to return. However, there is no guarantee but the chances of success far surpasses making an in country application outside the rules.

If you are refused, chances are that you will have to wait up to 7 months for a hearing at the AIT which in essence could add up to a year (so you might want to think about that). But in saying that, all you have to do is look around this site and read the success stories. Some have even gotten their visa the very next day they applied. A good case study is Elisiaku (a member) who after being an illegal entrant returned home, applied for entry clearance and he was granted the next day! Smooth operator, an American lady whose name escapes me....and so on...

Weigh your options and make the decision which you think is best for you.

All the best.

chenli306 wrote:Thank you for your advice. I was going to return to china on March this year before I made this application. But the lawyer said there is a new law, for overstayer who going back to their own country apply for vise to come back to UK need to wait for at least 1 year, maybe longer. I can not leave my family for that long, my daughter is only 2 something, and she is going to school soon. So I stayed and made this application.

You said If I go back to China apply for Entry clearance, and maybe come back within two month, but the above point seems very scary to me. If I take child with me, leave my husband in UK alone, he can not afford all the money to support the whole family.

The home office website says, they considering the application for longest is 3 month, is that mean including my situation, or is that only for the normal applications.

I also heard that any phone call or letter we write to the home office for chase up the decision will be make the waiting for even longer, is that ture? Because, I know in the home office there is only one case worker for each case, so if I write to him directly, will he see this letter, will it make any different to my applicaiton?

Thank you

chenli306 wrote:Hi,

I like this board very much, because we are free to talk about any circumstances, and always get professional advise.

I have been this country for just 10 years, I came in with a student visa, the visa expired on 2003, and I married a British citizen on 2004, our daughter was born on December 2005, now she is 2years and 8 month old. I made a application for Settlement on March 2008, had one reply from the home office asking for more information, but after we replied, I have heard nothing since. We are a happy family, and have our own house, my husband has his own business, and I have a part time job. We don't cliam any benefit, including child benefit, and tax credit, because I don't want to give home office any reason to refuse my application.

I haven't seen my family for 5 years, they are in China. I really miss them, and I am the only child for my family. Last month was my 27th birthday, I saw my dad cried on the MSN, because he couldn't be with me on my birthday, and they are miss me too much. But my current situation make me can not leave this country, and they can not come to visit me, I told them, My husband can invite them come to visit, but they are too afraid because of my situation, the Embassy in beijing will not give them the visa. I am deeply hurt by all these feelings.

Guys, can you give any advice on my case. I understand that my case may need to take some time for the home office to make dicision. But how long, what can I do to make it quick, or what can I do to help this application.

Please, I really need to you to advice and support me.

Thanks a lot.

Chen

HI. did you get any reply from H.O?