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My husband is overstayed by 16 months on a residence permit from Namibia, but 6 months before it expired we were married but one thing after another has led 2 us not sorting out our marital visa. i have a 4 and a half year old son that he brings up as his own plus we have a 15 week old son together. any advice on what we can do to sort out our situation wud be greatly appreciated. thanx.

babygirlx wrote:My husband is overstayed by 16 months on a residence permit from Namibia, but 6 months before it expired we were married but one thing after another has led 2 us not sorting out our marital visa. i have a 4 and a half year old son that he brings up as his own plus we have a 15 week old son together. any advice on what we can do to sort out our situation wud be greatly appreciated. thanx.

Sorry, but my crystal ball is at the cleaner. So you need to give a bit more information - the reason for the original visa, your nationality, how you got married etc.

sorry i was in a rush writing it, his original visa was a residence permit obtained following his 1st visa which was for being a dependant on his mother who came over to the uk to work. im a british citizen. we got married 2 years ago in a CofE church while his visa was still valid for another 6 months. we have 2 children one is 4 and a half the other is 15 weeks, im currently still on maternity leave. he has been in the uk for nearly 7 years now.

There are two waysto sort this;

1. Ur hubby to return home and apply for spouse visa.

2. Apply under Human rights grounds.

I am a supporter of 1. since 2. is difficult, lengthy, and has less chance of succeeding.

Under 1. while it's a pain in the arse it's done and dusted in the quickest time, via normal routes that the whole system if familar with so no surprises.

babygirlx wrote:im a british citizen

Wrong forum then - European/EEA law does not apply. And as Wanderer says, the chances of an in country application succeeding any time soon are slim.