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Immigration

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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typan2412
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Posts: 1
Joined: Sun Mar 27, 2011 7:57 pm

Immigration

Post by typan2412 » Sun Mar 27, 2011 8:16 pm

I am an overstayer with a 1 year old and 4 month old baby...i applied for a COA and got married last year to my british husband...i then applied for a flrm and got rejected saying i need to leave uk..do i have any rights and what can be done i leave with my husband and is full time mom to my 2 kids.[/b]
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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Sun Mar 27, 2011 8:50 pm

You need to seek professional help to apply for Discretionary Leave.
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joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Re: Immigration

Post by joh118 » Sun Mar 27, 2011 8:51 pm

typan2412 wrote:I am an overstayer with a 1 year old and 4 month old baby...i applied for a COA and got married last year to my british husband...i then applied for a flrm and got rejected saying i need to leave uk..do i have any rights and what can be done i leave with my husband and is full time mom to my 2 kids.[/b]
technically as an overstayer, you have little rights. You may have some human rights though.

The most simple way to go about this is to leave the UK, and apply for a spouse visa outside the UK. As you have British husband and children, unless you get the paperwork wrong or something, you will most probably get approved.
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mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: Immigration

Post by mochyn » Mon Mar 28, 2011 8:04 am

typan2412 wrote:I am an overstayer with a 1 year old and 4 month old baby...i applied for a COA and got married last year to my british husband...i then applied for a flrm and got rejected saying i need to leave uk..do i have any rights and what can be done i leave with my husband and is full time mom to my 2 kids.[/b]
You need to leave UK and get a spousal visa from your home country.
You may be back within a few weeks
See this story which may help you

http://www.immigrationboards.com/viewtopic.php?t=50920
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Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Mon Mar 28, 2011 8:29 am

typan2412, what is your home country? Do you have enough family income/savings to satisfy the maintenance requirements for a spouse visa?
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Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: Immigration

Post by Greenie » Mon Mar 28, 2011 7:30 pm

mochyn wrote:
typan2412 wrote:I am an overstayer with a 1 year old and 4 month old baby...i applied for a COA and got married last year to my british husband...i then applied for a flrm and got rejected saying i need to leave uk..do i have any rights and what can be done i leave with my husband and is full time mom to my 2 kids.[/b]
You need to leave UK and get a spousal visa from your home country.
You may be back within a few weeks
See this story which may help you

http://www.immigrationboards.com/viewtopic.php?t=50920
Right so in the meantime what does she do with her 4 month baby and 1 year old child who are both British Citizen? Given their ages it would not be in their interests to be separated from their mother for any period of time., so the whole family would have to go back with her would they? What if the decision is not made quickly and they are then stuck outside the UK?

I don't think you should advise someone to return to their home coutnry without first knowing more information, for example, their nationality and whether they meet the maintenance and other requirements of the spouse visa.

In some cases it is better for the family to apply from within the UK and ask for Discretionary Leave.
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Mar 28, 2011 9:23 pm

Doing the right thing?
Best interests of children: new Supreme Court case
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Monifé
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Posts: 653
Joined: Thu Feb 04, 2010 5:42 pm
Location: Dublin

Post by Monifé » Tue Mar 29, 2011 9:26 am

Could the OP not invoke the Zambrano ruling?
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton
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