Applying from outside UK with adverse immigration history

[Willows]

Hello.
I am a Senegalese national. I came to the UK in 2005 on a visitor visa but now I am a overstayer. My visa and now my passport have expired.

In August 2010, under a lot stress and financial difficulties, I applied for asylum with false name and date of birth and got finger-printed. After my case was refused, I was asked to report every week but as I did not have any money, I could not travel in order to report.

In 2011, I met a British woman, we fell in love and got married in December 2012. We had a baby in September 2013, who is a British citizen. We live together and meet all the financial requirements as she is my sponsor. I have not done the English language test as my passport has expired.

In April 2013 my application for leave to remain was refused. I met the requirements for right to family life except that I didn't have any children (baby not yet born) and there were no insurmountable obstacles why my partner and I cannot pursue family life in my country (it would be a hardship to leave the UK but we could overcome this).

In May 2013 we appealed against this decision but as my leave expired in June 2006 it was refused.

In February 2014 we requested a reconsideration as the baby was born but were refused as the evidence we previously provided was correct.

Capita have said they won't reconsider any decision on that application but I can reapply. They said that since the October 2012 changes most applications from overstayers fail.

I have been to see a solicitor who explained my best solution is to voluntarily return at my own expense and then apply.

I would like to know if anyone has been in this situation as I am very concerned about returning to Senegal and not getting a spouse visa.

In summary:
I have a genuine relationship with a UK citizen
We have a child
We meet the financial requirements
We meet accomodation requirements
I don't have the language qualification but my english is good enough and I will take the test once I can
BUT
I have adverse immigration history- overstaying for 8 years and using false name

I appreciate any advice

[Casa]

The use of a false name can be a reason for refusal even when applying for spouse visa from outside the UK. Your solicitor should have explained 320(11) to you in the Immigration Rules. See here:
https://www.gov.uk/government/publicati ... raph-32011

[dalebutt]

Are there no remedy to the op circumstances? is that the end of the road in all situations like this?

[Yazzy]

Are there no remedy to the op circumstances? is that the end of the road in all situations like this?

My husband came to London in 2008 on visit visa and over stayed for 4 years.
When we got engaged in 2012 we decided it would be a good idea to return voluntarily and apply for spouse visa.
He returned and We applied spouse visa in January 2013
Guess what he was refused for spouse visa in March 2013
Reason because he had overstayed and they told him he could have been deported for overstaying.
In the application we wrote his UK Entry date but forgot his departure date
We wrote his home office reference number and everything
They told us in the refusal it was intentional that we didn't write the return date
It was a small mistake
You have used a false name and that will surely come up in ur application if it is refused.
If you are refused under 320 getting back to london will be very hard.
We appealed and now after 1 year i just had my court hearing and im still waiting to find out

My advise dont return!
My husband did and he didnt even use no false name or anything
We tried to do the right thing and still my husbands not here

My advise is go to a very good solicitor with all your paper work.
They will be able to advise you best


Good luck

**Edited by Moderator, please do not advertise an advisor.

[Amber]

No as refusal under 320(11) is subject to referral to the ECM. They would need to have a look at the aggravating circumstances e.g. using a false identity, and decide whether refusal is proportionate.

[Willows]

Thank you all for your responses. Yazzy, sorry to hear you and your husband are still apart and good luck at the hearing.

We understand that use of false ID could mean a refusal. We also understand that we have a right to family life which for my wife and I could continue in Senegal; would be harder but not impossible so no insurmountable obstacles there.

However we believe our daughter has a right as a UK citizen to live in a country where she has the same rights as if she were in the UK (Senegal has equal opportunities issues, good education and good healthcare are not free for all, etc) and to make her move so we can have a family life would deprive her of this.

Has anyone experience of this as a successful counterbalance to an issue such as false ID, overstaying.

Thanks in advance

[Amber]

There have been a number of applicants who have had success under Exception one, despite being overstayers. However, you must still look at the general grounds for refusal. Have you progressed to a PAP with a view to Judicial Review?

[Willows]

Hello Amber and thanks for your post.
We did consider a JR but have not done it. We saw a solicitor for a hour and he advised a "voluntary return" and then once back home, to apply. He said there is less than 10% chance of success if i apply from here and that any other refusal to an application made in the UK will only lessen my chances.

What do you think?!