FLR(M)... overstayer, cant go back home.... HELP

Hi,
i would like to know if anyone here is on the same boat as me or can give any info regading my case.

i came to uk in oct 2004 on student visa (my whole family is here aswell). i had my student visa extensions till march 2009 and after that i applied for further extension, had my biometrics done in may 2009.

During that time i met my husband and got married in sep 2009, a couple of weeks later my wedding i got the refusal of my student visa, then we applied for certificate of approval in nov 2009 to register the marriage and apply for the spouse visa, after a long wait of a year, in nov 2010, they granted us coa but kept my passport reason, me being an overstayer.

In sep 2011, we finally registered the marriage under the british law. thought now we finally could go ahead and apply for the visa as i wanted to regularise my stay here asap but then we found out that i had to pass some english language test in order to apply for the spouse visa which took another 5 months for me sit in the test due to the long waiting list.

So i finally passed the A1 test March 2012 and went straight to the solicitor to get the things going and then on the 3rd April 2012, we applied for the spouse visa. Had my biometrics done for the 2nd time in the begining of May 2012.

Now one thing i didnt mention is that i worked that whole time, paid tax and only stopped working in the begining of April 2012. I declared this on the application and also got a letter from my employer to say that he would be willing to give me back my job once i get my visa. i hope this wont affect my application as i am being honest with them and did not hide anything at all..

The other thing is that going back to my home country and applying from there is not an option for me... as my whole family has been here for nearly 8 yrs established their lives aswell. ive got no place to go back home, no one to support there and not safe for a young girl to live there by herself (due to the unrest situation in the perticular city i came from) for the unspecified amount of time (waiting period of getting any kind of visa from pakistan) my husband can not come with me because 1,hes got on going medical treatment for his eyes and 2, hes got 2 kids from previous marriage which he can not just leave and come to pakistan with me for an unspecified period of time.

So yeah thats my story, I appologise for the long post any advice or comment is highly appriciated.

During the whole 8 year period you have been overstayed at some point in uk the home office will consider your case under Article 8 but it can be challengeable and debatable as your kids are not biological yours and they are not dependable on you. So in your case discretion can be applied by UKBA the best thing Wait for decision for your spouse visa application you will get DLR instead of 2 year Leave and you cannot get ILR after 2 years it will take total 6 years with 2 extensions of 3 years each. If all goes right the good thing is you have applied before 9 of July your case will come under current rule not the new which going to implement on 9 July onwards

s.uk wrote:During the whole 8 year period you have been overstayed at some point in uk the home office will consider your case under Article 8 but it can be challengeable and debatable as your kids are not biological yours and they are not dependable on you. So in your case discretion can be applied by UKBA the best thing Wait for decision for your spouse visa application you will get DLR instead of 2 year Leave and you cannot get ILR after 2 years it will take total 6 years with 2 extensions of 3 years each. If all goes right the good thing is you have applied before 9 of July your case will come under current rule not the new which going to implement on 9 July onwards

this is not correct. Given that the OP does not meet the immigration rules for leave to remain as the spouse, her application cannot be granted under the rules. If the application is decided after 9th July 2012 she will not be granted Discretionary Leave outside the rules, she will either be granted leave under the new 10 year family route, or if she appeals and the appeal is allowed on Article 8 grounds, she will be granted leave under the new 10 year family route.

See para 133 of the Statement of Intent as well as page 70.

The appeal could only be granted on article 8 grounds. Appeal could not be granted on rules as the application is clearly outside the rules in the first place.

Also 10 years route to settlement is only when the applicant meets the stricts article 8 "yardstick" approach as defined in statement of intent. Given the information OP has posted, she does not seem to meet the new "yardstick" of article 8 consideration.


(just my personal opinion, based on what I have gathered reading statement of intent)

You can still be considered on article 8 ground under the existing rule if you apply before 9th of july.

If you qualify under the existing rule you ll be granted 3yrs discretional leave to remain and still be considered under the the old rule continuous to ILR even if application is decided after 9th of july.

If you do not qualify under the existing rule you ll be refused and fresh applications ll be considered under new rules.

And its very unlikely to get an appeal for an application outside the rules.

olat2k wrote:You can still be considered on article 8 ground under the existing rule if you apply before 9th of july.

If you qualify under the existing rule you ll be granted 3yrs discretional leave to remain and still be considered under the the old rule continuous to ILR even if application is decided after 9th of july.

If you do not qualify under the existing rule you ll be refused and fresh applications ll be considered under new rules.

And its very unlikely to get an appeal for an application outside the rules.

this is incorrect. Any appeal or application considered on A.8 grounds after 9th July will be considered according to the new Articlr 8 'rules' and if successful applicants will be granted leave under the new '10 year family migration' route and not under the old discretionary leave policy.

See statement of intent para 133 - bullets points 2 and 4, and Appendix E, page 70.

olat2k wrote:You can still be considered on article 8 ground under the existing rule if you apply before 9th of july.

If you qualify under the existing rule you ll be granted 3yrs discretional leave to remain and still be considered under the the old rule continuous to ILR even if application is decided after 9th of july.

If you do not qualify under the existing rule you ll be refused and fresh applications ll be considered under new rules.

And its very unlikely to get an appeal for an application outside the rules.

@olat2k. Have you read my previous post? Can you not understand the simple thing that at the moment DLR is not granted under any rules. This application is made under article 8 grounds and outside the immigration rules. How can a DLR be granted (or refused) under what you say "current rules" when the application is not under any rules to begin with?

@ Greenie statement of intent para 133 -bullet point 1 states if they qualify they ll be granted under existing rules.

And as for appeals bullet point 3 states those granted leave following an appeal allowed on or after 9 July 2012 against a refusal under the rules in force prior to that date will get leave under those rules.

and bullet point 4 in bracket (not family)


Pls correct me if am wrong again anyone.

@asim 72 fine article 8 is not an absolute right.
Whatever measures or in my case rule ukba takes to refuse or grant article 8 applications are still in place till 9th of july.

olat2k wrote:@ Greenie statement of intent para 133 -bullet point 1 states if they qualify they ll be granted under existing rules.

And as for appeals bullet point 3 states those granted leave following an appeal allowed on or after 9 July 2012 against a refusal under the rules in force prior to that date will get leave under those rules.

and bullet point 4 in bracket (not family)


Pls correct me if am wrong again anyone.

I don't understand what you are saying. To reiterate:

If an application is made for leave to remain as a spouse before 9th July, it will be considered under the current immigration rules. If the rules are met, leave will be granted under the current rules (e.g. probationary period of 2 years). However, if an application does not meet the requirements of the current immigration rules, there will be no alternative grant 'outside the rules' of discretionary leave as this policy will no longer exist.

If the UKBA consider that the migrant meets the terms of their new Article 8 criteria, set out in the statement of changes, the applicant will be granted leave under this route (10 years to settlement). Similarly if an appeal is allowed on Article 8 grounds after 9th July, the migrant will be granted leave under the same 10 year route, and not the old discretionary leave policy, this is regardless of whether the application for leave was made before or after 9th July.

olat2k wrote:@asim 72 fine article 8 is not an absolute right.
Whatever measures or in my case rule ukba takes to refuse or grant article 8 applications are still in place till 9th of july.

The question here is not about if article 8 is absolute right or not.
The simple thing is that such application is outside the rules and when something is "outside the rules" then it is clearly not under any rules, becuase if the application was under any "rules" then it would not be "outside rules".

I think with some people you can go around in circles and they do not give up until they get a reply that they want to hear. If you are convinced of whatever you think is correct, then good luck to you.

Peace

Hmm... Interesting.... Thank you all for your comments.

i really believe our lives would not be so complicated if the UKBA would just stick to one certain law for spouses, one certain law for students, familes, businesses/work and asylums & not change it every often.

whatever the new rules are going to be....i just hope they dont refuse my application before or after the 9th of July and grant me the visa so i can get on with my life..........

mrsheveran wrote:Hmm... Interesting.... Thank you all for your comments.

i really believe our lives would not be so complicated if the UKBA would just stick to one certain law for spouses, one certain law for students, familes, businesses/work and asylums & not change it every often.

whatever the new rules are going to be....i just hope they dont refuse my application before or after the 9th of July and grant me the visa so i can get on with my life..........

May the Lord have mercy on you and grant your wish.

Greenie your such a sick just like Politicians give answer according to written rules as if ur case worker think outside the box dear

s.uk wrote:Greenie your such a sick just like Politicians give answer according to written rules as if ur case worker think outside the box dear

I do not understand your post. Perhaps you should rephrase in clear English, and also refrain from giving (incorrect) advice.