Overstay - spouse visa issued

Hi all
I just wanted to tell you about friends of ours in case it helps anyone else. They have been together for several years (he is a UK citizen), but one of them was an overstayer. They wanted to get married here but finally realised that they needed to go back to her country to get married, which they did. She is also expecting. They applied for a spouse visa and were honest about her situation and the visa was issued within a few weeks!
So this is more evidence that this route can work well for overstayers. I'm not sure it would have been such a good outcome if they had got married and applied in the UK!

Yes if only more overstayers would follow this procedure, rather than jumping the queue by applying from within this country.

Being honest about your circumstances alway pays off

batleykhan wrote:Yes if only more overstayers would follow this procedure, rather than jumping the queue by applying from within this country.

Being honest about your circumstances alway pays off

Clearly in this case returning home to apply for entry clearance was the best option for this couple. However we know how difficult it can be to get entry clearance as a spouse particularly in certain countries where the ECOs have been proven to be discriminatory.

Also I never get the 'jumping the queue' argument. How is applying from within the UK jumping the queue when the person would only be adding to the queue overseas, and when applications from overstayers from within the UK take years to be considered?

Greenie wrote:

batleykhan wrote:Yes if only more overstayers would follow this procedure, rather than jumping the queue by applying from within this country.

Being honest about your circumstances alway pays off

Clearly in this case returning home to apply for entry clearance was the best option for this couple. However we know how difficult it can be to get entry clearance as a spouse particularly in certain countries where the ECOs have been proven to be discriminatory.

Also I never get the 'jumping the queue' argument. How is applying from within the UK jumping the queue when the person would only be adding to the queue overseas, and when applications from overstayers from within the UK take years to be considered?

Whilst I accept there may be slight discrimination in one or two countries, I do not believe it is rampant throughout the world. I still believe that most refusals are genuine and in accordance within law based on what is presented to the ECO at the time he makes the decision.

My only conter argument with this would be that I wish teh ECO would use a more common sense approach rather than rigidly sticking to the law. I have seen many genuine people refused for minor reasons, but I have also seen many people who try and bend the rules in the hope they will get away with it.

As for jumping the queue, people who overstay and reapply from within this country, their applications are dealt with a different section from those that apply from abroad.These peopel do not join the back of the queue of those who aply from abroad. These peopels application is dealt seperately with a team in Home Office.

Furthermore I have known a lot of people who have tried to comply by going back home and reapplying as in accordance within the immigration rules. This has meant being seperated from loved ones including young children. They incur a lot more expense in travelling cost back to their homeland. They often live in sub stanbdard conditions till they case outcome. At least those peopel who decide to apply from witin the UK dont have through go this indegnation. They are still her with their loved ones, supporting them both physically, mentally, financiallyy etc.

Whilst I do not condemn their action, I believe that if we all try and play by the rules, then most of us would consider this world to be a fair world to live in.Most British people are renowned for their pateince and tolerenace and do not like those who do not play by the rules.

the point I am making is that the rules are not fair and even then are not always properly followed by the decision maker. this means that, as you have said, people are stuck waiting in their country living in poor conditions and separated from their family. Why should people have to do this if they have for example young children or have health problems or have no where to stay in their home country whilst they are making the application.

The fact that some people do not go to the back of the Entry clearance queue doesn't mean that they are jumping the queue. It means they are not adding to the queue abroad!. It also means that they go to the back of an even longer queue in the UK and wait for months or even years for a decision, and in the meanwhile can't work or have access to public funds. If people knew that they would get a quick and fair decision by going back home to apply then I am sure most would do so. The fact is that very poor decisions are made and people are then separated. You can't blame people for wanting to avoid that.

It's the UKBA who often don't play by the rules by sitting on cases for years and refusing cases for ridiculous reasons. Perhaps if they did then the whole system would be a lot fairer.

I agree with Greenie's point.

See also SPOUSE VISA AND OVERSTAY PLEASE

I also agree with Greenie's argument. Go home doesn't work in all cases, so it shouldn't be a generic advice. Go home advice should be given based on individual facts.

It's funny how people refer to all the successful stories from abroad and not one of the refusals (loads on this forum) based on ridiculous reasons that are not part of the requirements of the rule.

This guy is still back in his home country since last year. after 8 months and still no end in sight as he hasn't got a date for an appeal hearing that was submitted in December.

Greenie made a good point.

Rather than being in emotional wilderness in UK, people will definitely be happy and to go to their home country to apply for entry clearance if it's quick for everyone without being denailed for silly things.

Some of us don't Seem to understand how terribly hard is it to be separate for several months perhaps years from spouse or children just to get entry clearance. As a matter of fact it will become tougher and the queue will be much longer if everyone return home to apply for entry clearance and as a result of that lizziet's friend probably won't get entry clearance as swiftly as she did which they may eventually regret the decision to go home.

In my opinion ukba her trying to ruin and break up relationships and families so they can limit the number of people entering UK by keeping families apart from each other. Frustration will at a point creep in and some families may not be able to cope emotionally and financially and therefore break up. Remember not everybody can sustain maintaining their spouse and kids alone.

sjimoh112 wrote:Greenie made a good point.

Rather than being in emotional wilderness in UK, people will definitely be happy and to go to their home country to apply for entry clearance if it's quick for everyone without being denailed for silly things.

Some of us don't Seem to understand how terribly hard is it to be separate for several months perhaps years from spouse or children just to get entry clearance. As a matter of fact it will become tougher and the queue will be much longer if everyone return home to apply for entry clearance and as a result of that lizziet's friend probably won't get entry clearance as swiftly as she did which they may eventually regret the decision to go home.

In my opinion ukba her trying to ruin and break up relationships and families so they can limit the number of people entering UK by keeping families apart from each other. Frustration will at a point creep in and some families may not be able to cope emotionally and financially and therefore break up. Remember not everybody can sustain maintaining their spouse and kids alone.

wow..and there's me getting criticised for being negative all day..by the very people on this thread...

...everything in the UK operates on stupid illogical policies...the British civil servant types lack creativity and common sense, and are only good at following protocol (I am British and need to deal with this on a daily basis)..so its no surprise people are getting turned down for cuts on fingers and other nonsense here...

i.e. wheel clampers have targets for vehicles clamped..how does this make sense? what about assessing each case fairly? everything in the UK is blanket measure stupid targets

the UKBA operates in this same way..sure on the surface it is all honest, but behind the scenes they will refuse applications for money (apply twice, twice as much money) and in order to keep immigration down will try and separate families and break up relationships..I bet they have a few other tricks too..

I think the only advantage is that they don't really follow the law so get them to court and they will be in a weak position..

I know the ugly nature of the world..it's time you woke up..being positive is just ignorance

edit: I'm positive that I will outsmart them...I am not positive about their morality and decency