Zimbabwean overstayer now married to British Citizen

Hi All

I'm a newbie so please be gentle with me. I've had a few days digesting the vast information on this forum. Unfortunaely I havent yet come across a case specific to mine, if I have overlooked one please point me in the right direction.

My situation is as follows. I am a Zimbabwean citizen, entered the UK in 2002 and was issued a SIX months visitors visa. While in the UK I then applied for a student visa which was valid to 2004. I have since overstayed till to date 2011.

In 2009 I got married to my now wife Somalian currently with ILR, she is currently pregnant and is unemployed due to her current situation, we've been together obviously longer than the two years we've been married. We have evidence of the wedding photos, dvds, letters, cards bills etc.

We are currently looking to see if i can apply for my leave to remain in the UK. My concerns are as we might have all the relevant information my wife is not currently in employement. Would this diminish or dealy our application? I am currently in the UK and my other question is, should we make our application with me here (UK) or should i go back to my country of origin? Would it be advisable to pay a lawyer to assist us in our application or is this something that an ordinary man on the street would be able to handle? And finally I fear the processing of our applicat would take longer than others bearing in mind were I come from corruption is rife, i've read of situation of those who have had results in one, two, or three months.

I fear missing the birth of our child.

Thanking you all for your responces in advance.

you have obviously breached the immigration rules and as it is, you are not fit to be trusted by any immigration officer.
You will not be able to apply for FLR here if you are an overstayer. Your case is very thick and will need a very good lawyer.
Your best bet, will be to return to Zimbabwe asap, voluntarily. You will then apply for Spouse visa from there and obviously addressing reasons why you overstayed. If you wait to be deported, then you will probably be unable to return to UK for a long long time.

RBK, the ban on returning doesn't apply for a spouse application, if it's a straight visa overstay.
As your partner is pregnant you may qualify to stay under the Chikwamba ruling but you would need legal assistance for this. I would suggest you seek professional help before you make a decision.

rbk Returning To Zimbabwe is or was my first choice, im still a bit twitchy on my return. How about a "discretioary visa" here.

I 'll support Casa's advice. Seek proffessional help, weight up the options and decide on what is best for your family.

Good luck.

Go with Casa's advise, you need a good immigration lawyer, RBK how can you advise he returns home when it looks like OP dznt meet the financial requirments as sponsor is not working, also they are not deporting to Zim at the moment and he would not be banned from the UK if he applies for spousal visa. Chikwamba might be for you.

elv15 wrote:Go with Casa's advise, you need a good immigration lawyer, RBK how can you advise he returns home when it looks like OP dznt meet the financial requirments as sponsor is not working, also they are not deporting to Zim at the moment and he would not be banned from the UK if he applies for spousal visa. Chikwamba might be for you.

Never mind, RBK is playing the devil advocate, they are lots of them in this forum, They are all sadist, who derive pleasure in other people misfortune, their is one call mochyn, i he/she should be baned from this forum, if you ask advice on how to apply for DLR under article 8, will tell you to go back to your country and apply without knowing the OP personal circumstances, i think he just want to push them to travel home so that they wont be able to come back to Uk.

This may be releavant:

http://freemovement.wordpress.com/2011/ ... ght-thing/

Absolutely fantastic advice throughout. I guess the general concesus is DLR in UK will keep you all updated on progress. Ta all

Please use an experienced Lawyer/Solicitor or an OISC registered adviser. Your case is a bit complex so dont take chances.

If you go home, you may not come back and you will miss your family alot, because, your wife is not working.

If you or your wife have any other situation such as medical conditions, it would also help your application.

You should know that it takes a long time to be granted, but be patient.
Good luck.

I just came back from Zimbabwe myself two weeks ago ,have no fear you will come back ,you need one thing and that your wife has ben working and you will be in and out of Zimbabwe in 3 weeks max ,i was there and i saw it all happen and i now know what they need.

I know friends who did Discretionary leave to remain it took them about 2 years and i did my stuff in less time and i can now work but they are still waiting .If you go to Zimbabwe you will be back in a month max ,now tell me if you have 2 years of sitting at home hiding from Immigration ?