married to british citizen for 8 years - no ilr !!!

amserve · Post by **amserve** » Thu Jan 08, 2009 4:35 pm

My question is for a friend who has been in the UK for 8 years as the spouse of a british national. trouble is, he has never applied for ilr. i.e. he is an overstayer. The couple are together, can they apply for ilr despite him being an overstayer ? what would be the procedure ?

The reason for him not applying previously is marital problems which were quickly resolved, but amazingly, the couple never bothered to apply for ilr.

Post by **vinny** » Fri Jan 09, 2009 3:54 am

Which country is he from?
Does he have any children with his British wife?

amserve · Post by **amserve** » Sat Jan 10, 2009 8:49 pm

thanks vinny

he is from pakistan - no they do not have children.

rizwan_ali · Post by **rizwan_ali** » Sat Jan 10, 2009 9:37 pm

vinny wrote:Which country is he from?
Does he have any children with his British wife?

vinny is that big difference with a british born child

Post by **vinny** » Sat Jan 10, 2009 11:14 pm

rizwan_ali wrote:vinny is that big difference with a british born child

Perhaps yes.

amserve · Post by **amserve** » Wed Jan 21, 2009 1:28 pm

someone must know the answer to my query. If the couple (did not apply for ilr previously due to 'issues') are now living together (since 2002), they have no children, can the spouse from abroad apply for ilr (if he has kol) or flr if he doesn't ? or, basically, will ukba accept any sort of application from him since he is an overstayer on his spouse visa ???

any ideas ??

hamid84 · Post by **hamid84** » Wed Jan 21, 2009 1:37 pm

I dont think their marriage will be recognised.. He will need to apply for COA ( hope he is granted under his own status ), then they will need to get married.

After marriage, he may have to go Pakistan and his partner will then sponsor him.

amserve · Post by **amserve** » Wed Jan 21, 2009 1:39 pm

but the couple's marriage HAS been recognised 8 years ago when he came over to the uk.
THey just didn't apply for ilr when they shoud have (in 2001) and now hes an overstayer.

hamid84 · Post by **hamid84** » Wed Jan 21, 2009 1:52 pm

I see.. No more comments sorry!!!

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married to british citizen for 8 years - no ilr !!!

married to british citizen for 8 years - no ilr !!!

spouse overstayer - still married to uk citizen