spouse visa from malaysia (With 2 kids)

Hi, Im new to this but just wondering could anyone help, This might be long but please bare with me.

OK, I'm a british citizen, my wife is malaysian citizen, and our 2 daughter are british, We have been married for nearly two years now.
Her status in the uk is an over stayer, I tried to apply a spouse visa for her, but got refused. ( On the grounds that she over stayed) But now the HM has got her passport, and will not give it back untill she leaves this country, I would like to know what would happen to her if she does decide to go back to malaysia to get her spouse visa sorted, Would she be black listed in some way, because she over stayed, and refuse her application straight away, Even if we go back to malaysia and sort out the spouse visa from there. (Thats the only choice we have) unless somone know of any other way?

If the application does go ahead, would it be straight forward? HM shouldn't think it's a fake marriage would they, Since we have 2 kids together.

Just like to add, our marriage is reconised in both country.

Thanks for taking time out to reading this post

mcyforever wrote:Hi, Im new to this but just wondering could anyone help, This might be long but please bare with me.

OK, I'm a british citizen, my wife is malaysian citizen, and our 2 daughter are british, We have been married for nearly two years now.
Her status in the uk is an over stayer, I tried to apply a spouse visa for her, but got refused. ( On the grounds that she over stayed) But now the HM has got her passport, and will not give it back untill she leaves this country, I would like to know what would happen to her if she does decide to go back to malaysia to get her spouse visa sorted, Would she be black listed in some way, because she over stayed, and refuse her application straight away, Even if we go back to malaysia and sort out the spouse visa from there. (Thats the only choice we have) unless somone know of any other way?

If the application does go ahead, would it be straight forward? HM shouldn't think it's a fake marriage would they, Since we have 2 kids together.

Just like to add, our marriage is reconised in both country.

Thanks for taking time out to reading this post

There'll be no problem applying for a spouse visa, as long as she has all the documents. Search this board - there are literally dozens of posts about this same issue - try searching for "spouse visa" AND "overstay" or "wife" and see what comes up.

Applying from Malaysia would be the best way to sort out her status - there is nothing you can do from within the UK. BTW why did she overstay - did she apply for asylum?

Thanks sakura
My wife over stayed because of the pregnancy of the second child, and i didn't get her visa extended, Worrying about the HO might deport her straight away, (We just didn't want to be seperated)
She didn't apply for asylum.

About the HO still holding her passport?
How do we get it back, and would she be treated like a criminal when she do decide to leave the UK, Also does her passport get stamped by Immigration stating that she will not be allowed to enter to UK within the next five years?

The best thing for her to do is to book a flight and notify the Home Office. They will meet her at the airport and give her her passport just before departure.

She will be removed, not deported, so there is no 'five year ban' - she can return as soon as she has her visa.

Victoria

VictoriaS wrote:The best thing for her to do is to book a flight and notify the Home Office. They will meet her at the airport and give her her passport just before departure.

She will be removed, not deported, so there is no 'five year ban' - she can return as soon as she has her visa.

Victoria

Thanks Victoria! We are thinking about going back together in 3-4 months time to sort out her visa, Would it be ok for me to go with her and sorting it out in malaysia? And in the mean time, would they come and kick the door down and deport her?

She won't be deported, but there is always a risk that she will be removed.

Leave asap.

Victoria