Expired spouse visa, overstayed by 4 years - help and advice

[k4s]

Hi All,

I have just come across this forum and am hoping I can get some sound help and advice without judgement please.

My wife was given a spouse visa which was valid from April 2008 to April 2010 and she came from Pakistan and entered the UK in May 2008.

As the title suggests her visa has expired by some 4 years and I understand she is now classed as “overstaying”.

I have not done anything in relation to her visa since she came to the UK, and their are two honest reasons for this, 1) The first 2/3 years in the UK were a difficult start to married life as my wife struggled to adjust to the UK, however, we are now both extremely happy and in love and 2) We did not have the funds and every time we saved some money we were hit by another bill - stupidly I thought it was nothing to worry about as our relationship is legitimate and we have not claimed any public funds.

However, now I am in a position to try and sort this out and after reading these forums I know I have made a grave mistake in not doing anything sooner.

At present I am working full time and my annual salary is in excess of £27k, I own my own home and all bills are in our joint names.

I really want to correct my mistake and sort my wives visa/immigration status but don’t know where to start?

Can anyone offer some help and advice on how I go about sorting this out?

Both me and my wife are really worried and I know this is all my fault, any help or advice would be appreciated.

Regards

Kas

[flozo64]

Hi

As you meet the financial requirement it could be possible for your wife to apply for the 5 year spouse visa but she will need to return to Pakistan and apply from there, which may take up to 6 months (I don't think the same day service is yet available in Pakistan yet). If applying outside the UK overstaying shouldn't impact the application.

Applying this way inside the uk will most likely be refused outright because your wife has overstayed.

Alternatively you could apply flr(fp) from inside the uk, this is a 10 year route and your wife's status won't impact. Do you have any children? If not this visa will be difficult because you will have to show insurmountable obstacles to moving to Pakistan.

[k4s]

Hi flozo64,

First and foremost, I really appreciate you taking the time to reply to me so thank you for that.

My wife does want to travel back to Pakistan as soon as possible as it has been over 6 years since she has seen her direct family, I never thought about her traveling back to Pakistan and then re applying for a spouse visa. I guess the only concern their is that if the application is refused on the basis she overstayed the first time around. I know you have mentioned this “shouldn’t", but I/we would be too scared to take the risk of her traveling back to Pakistan and then never being given a visa to re enter?

That leads me to the FLR(FP) option, can I ask a few things about this option please; 1) If we applied for this does the fact she is deemed an “overstayer” affect the application from the outset? 2) She has completed ESOL language courses, would their be any other qualifications necessary, for example the Knowledge of Language and Life (which she has not got) and finally, 3) We do not have children, so would the fact I own a house and have permanent employment be enough to justify “insurmountable obstacles” to living in Pakistan?

I am a complete novice to immigration in every way, which would you say would yield the best positive result?

Regards

Kas

[flozo64]

She is already considered an overstayer so this would be a reason for a refusal for flr(m), unfortunately the ho look for any reason to refuse.

Within flr(fp) there is no language requirement or financial requirement.

I'm unsure what exactly could be used for insurmountable obstacles, the ho are quite vague on this.

My husband is from Pakistan and so I understand your reluctance for returning to apply.
Your best bet would be to see an Asian solicitor.

[k4s]

Thanks again for your reply flozo64.

I can’t believe the mess I have got me and my wife into.

The FLR(FP) does state;

"You and any dependants applying with you should apply before the end of your/their permitted stay
in the UK. We encourage you to apply 28 days before the expiry date, but you can choose to apply
earlier than this.”

So I assume we will be refused by default, and even if their was the slightest chance we weren’t refused on that, then I think it will be because;

“could you and your partner live together outside of the UK if necessary? If not please provide
reasons and evidence to support your claim"

Not eating or sleeping properly at the moment and just don't know what to do for the best.

I will look into getting a Solicitor, but it’s difficult finding a good, knowledgeable, trustworthy one that isn't extortionate.

Regards

Kas

[flozo64]

I have read that too but I know of some who have won even though they've been illegal for some time.

I know how you're feeling because we have been trying for a spouse visa for two years now and my husband.

I have a solicitor who has been good to us, he may talk to you for free, he is Pakistani and has done some flr(fp) applications recently.

You could still apply for flr(m) but it will most likely be an appeal battle in court. I know of people who have applied without working and won in court. Each case is different and judges vary. The main thing is a good solicitor and a good knowledge of case law.

Try not to worry too much, as the partner or a British citizen your wife still has rights under article 8.

There is a support group on Facebook if you would like to join?

[k4s]

Hi again flozo64,

If you don't mind me asking, what is your situation and where are you in the process?

Where abouts is solicitor based that is helping you?

I am am worried that if I apply for FLR(FP) and are refused then my wife will be removed from the country.

Regards

Kas

[flozo64]

Hi

I have been Googling and wonder whether the set(m) application is applicable to you? I've heard it mentioned a few times but I have little knowledge of settlement visas...

Our solicitor is based in London but we are in the north east, we found local solicitors useless. The one we are using is through a contact of my husband who used him to successfully apply for a second student visa.

My husband and I married in 2011 and we applied for the spouse visa august 2012, just before his visa ran out. We didn't understand the huge impact the July 2012 rules would have, otherwise we would have applied sooner.. Anyways we went to appeal, just after our son was born. Judge dismissed us on human rights. Said we could relocate to Pakistan (even though I've never been there). He dismissed the dangers, language barriers etc. I decided to study instead of work, exams nearly over we hope to apply for flr(fp) soon InshaAllah.

We also worried about my husband being deported but the group on Facebook has helped us immensely, there are many couples stuck in immigration difficulties. You and your wife still have rights, especially as you are working and not taking benefits. Don't apply for anything without knowing for certain you're making the right application, hopefully someone can give some more information on set(m).

[flozo64]

http://www.immigrationboards.com/immigr ... 59406.html

[k4s]

Many thanks for your replies and links etc.

I think the best route for me to go down with my wife is the FLR(FP) [family life as a partner (10 year route)].

Fearing the worse, is their rights of appeal to if the application is refused and would my wife be deported?

I definitely need to find a good solicitor and am really concerned about the "insurmountable" bit you have mentioned.

All this because I never got my priorities right - will never live with myself if can't get this sorted.

Regards

Kas