HELP AFTER FAILED APPLICATION AS A HUSBAND

I would suggest you go home and apply for a spouse visa, although if you used deception to gain entry to the UK and/or were employed illegally it might count against you.

How did you enter the UK?

Demato wrote:Hi
I really found this forum very interesting and it's my first time to make some notes.
briefly, i came in the Uk illegally 5 years ago from an african country and stay with the support and help of friends without claiming any asylum.During all that time, i made family her(got married with 2 lovely kids aged 2 &3) and recently i ve just got a refusal from the HO on my application to leave and remain as a husband of a person settle in the UK.They asked me to go back to my country and reapplied for a correct entry clearance as a husband of someone settle her as i stayed her for a long time without letting them know.
I strongly need some advice as i'm still her for the moment.

Thx

1 You can apply for Discretionary Leave to Remain but this will take years.
2 You can wait another 9 years and apply under the 14 year rule.
3 Or you can take the quickest route which is to return home as per HO instructions and apply for spousal visa which will take weeks

Your choice

As the OP has a young family and responsibilities I do not think the 14 year rule should even be discussed. I expect that he would want to be able to work legally, travel with his family and generally feel untethered.

I concur with Monife - return home and apply for a spouse visa.

Hi

Dear Monife, I was helped with someone travel document to gain entry into the UK and so far i never work illegaly, it's even recently when i applied that i had my fingerprints taken for the first time by the biometric office(no criminal record at all).
Dear Mochyn & Plum70, i understand that it will be ideal to return back home & reapplied for a spouse visas but my main concern at the moment are: -the cost (travels tickets & application fees).
-my wife's job can be jeopardise (as we've got no one else to look after the kids)
-How long would the process take as once backhome it's not always easy as they think here.
-the garanty of a positive reply if may be i return in a couple months later as i wasn't prepared for that.

Thx for all (awaiting your reply)

My advice is always different in cases like this. While I am for the ''go home'' idea, I'm also saying you should give it a good thought, do your homework well, and put your family first. (Its your choice)

I'm editing a refusal of a case exactly like yours which was refused yesterday and I will post it today. May be that would change the ''everybody should go home'' opinion and people think more of 320(11). While this is not the first I've seen, this is a case that affects me personally(applicant is my mate).

Dont get me wrong, going home is the quickest way out, but jobsworth ECO's are hiding under 320(11) to punish when they spot the excuse in your application. So you need to assess your chances and the facts of your case first.

Edit : Read this

Good luck brother.

[quote="HRY2005"]My advice is always different in cases like this. While I am for the ''go home'' idea, I'm also saying you should give it a good thought, do your homework well, and put your family first. (Its your choice)

I'm editing a refusal of a case exactly like yours which was refused yesterday and I will post it today. May be that would change the ''everybody should go home'' opinion and people think more of 320(11). While this is not the first I've seen, this is a case that affects me personally(applicant is my mate).

Dont get me wrong, going home is the quickest way out, but jobsworth ECO's are hiding under 320(11) to punish when they spot the excuse in your application. So you need to assess your chances and the facts of your case first.

Edit : Read this

''I am editing a case exactly like yours'' may be misleading as each case is decided on its own merits. It may be that there are significant differences that at first glance are not apparent.
Try to gain professional advice outside this forum

In the case quoted the applicant had children in his home country which you do not.This may be a significant difference

No worries mate, seek legal advice and I wish you and your family the best.