Overstay

Hi! My previous immigration adviser has submitted my visa application late, without my knowledge, resulting in me overstaying. I have sought help of another solicitor to help me with a Judicial Review but this was said to be "without merit". During the long process of sorting this, I got married. She has a tier 2 visa. We are hoping to do a fresh application. But, we are worried regarding the overstaying and the entry ban. can you please advise us on this. thanks.

Unfortunately, if you have overstayed for more than 28 days, then you cannot make an in-country application to switch to a PBS dependant.

If you have overstayed for over 90 days than you cannot make an out-of-country visa application as a PBS dependant for at least one year.

I see. Is there no other option for us? Will a discretionary leave help? I have read this on the Internet. Also, my solicitor asked if we wanted to seek asylum as we are a lesbian married couple from an Asian country. Is this possible? Thanks

r u a male,or ur married to same sex partner?

Lesbian partnership is two females and the OP has said they are married.

I am female in a lesbian relationship.

Which I posted for aiza78601 who was confused.

thanks casa

How do they find out if you overstayed?
IO never check when someone travelling outside the country. May be i'm wrong but they never check

How do you count/calculate how long someone overstayed? I have sent my application late for 41days and got a refusal letter after 3months and still the HO counted those days. They counted 160days. Please help

If you submit an application as an overstayer then you continue to overstay while the application is outstanding. Making an out of time application does not stop the clock on the overstay.