spouse visa for illegal immigrant

[rasjooj]

i came from zimbabwe to the uk in 2001 july as a student but was refused visa at the airport.was given directions to leave but went on the run.i applied for asylum in october 2002.i got married to a uk citizen in september 2003.the time i married my wife i was still going to courts for my asylum procedure.me and my wife moved out of the city to go and live up north.i never pursue my asylum case or even tell them where i was.me and my wife are still together with blessings of two little kids[3yrs and2yrs old].i am not working and never been involved with the police.now im tired of this and i need to come clean and apply for a spouse visa so i can work for my kids.HOW SHOULD I GET TO HAVE A SPOUSE VISA,mind you my wife is white and she cannot go to zimbabwe at the moment coz of the situation there.
help.

[chibage]

Hi I am in a similar situation and you will not be able to apply for your visa from here. You will need to return to zim for entry clearance. If i were you i would return and leave your wife and kids. There is one disadvantage tho, they may refuse you visa on the grounds of overstaying. If you check the forum board a few people have been refused for overstaying. I am getting married in feb and will be returning to zim in march. Good luck and hope it works out for you

[rasjooj]

good luck and thank you man for answering.i might have to stay here with my family cozif i go to zim and they refuse me ,my world would be crushed as i cannot not live without my family.
again good luck to u man

[thsths]

good luck and thank you man for answering.i might have to stay here with my family cozif i go to zim and they refuse me ,my world would be crushed as i cannot not live without my family.
again good luck to u man

I can understand your reaction, but sometimes you have to take a risk. Even if you don't get a visa for the UK, you can still apply for (and should be granted) a visa to another European country. Just make sure that you have all the paperwork prepared and that you make a strong case. The facts certainly are on your side: income, stable relationship and kids.

Leaving things as they are is just as risky. Yes, the Home Office is getting more sceptical of over-stayers when it comes to visa. But I expect the same shift will happen in the UK, too. You have to register in so many places, and it is just a matter of time before the data comes together.

So in the end it is better for you to come clean. By the way, your wife does not have to come with you when you apply for the visa.

[candylove]

[/quote]I can understand your reaction, but sometimes you have to take a risk. Even if you don't get a visa for the UK, you can still apply for (and should be granted) a visa to another European country. Just make sure that you have all the paperwork prepared and that you make a strong case. The facts certainly are on your side: income, stable relationship and kids..[/quote]

I am in a simular situation, my husband is a failed asylum seeker, we got married 3.5 years ago and HO have still not processed our spouse application! When they finally do its most likely it will be refused as we made in 'in country application' therefore we are thinking of going to his home country (cameroon - Africa) to apply from there although have now heard that those applications are also being refused due to overstaying etc and that Africa has the lowest approval rate, so we are running out of options.
If our app was refused for UK, would we be able to apply and probably be approved to live in another european country then? i never thought of that before, i was born and have always lived in England, but if it meant me and my and husband could stay together and live a normal (legal) life i would rather move to another European country than for us to hve to live in Africa....!

[thsths]

If our app was refused for UK, would we be able to apply and probably be approved to live in another european country then? i never thought of that before, i was born and have always lived in England, but if it meant me and my and husband could stay together and live a normal (legal) life i would rather move to another European country than for us to hve to live in Africa....!

Yes, you can, and you are virtually guaranteed to succeed. There are a few things to consider:

• You have to apply from a country where you are legally. Even a tourist visa is sufficient, but applying from within the UK could be difficult.
• Some countries are easier than others. Ireland seems to just ignore applications, in blatant violation of the law.
• You have to travel with or after your European spouse.
• You are not allowed to rely on public funds.
• But the best thing: you can return to the UK after 6 months, and then you are a legal resident here.

[rasjooj]

so does my wife who is a uk citizen have to go to a europian country [eg ireland] first and secure a job and a place to live before i go to zim to apply for a spouse visa for that country.

[vinny]

See also I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK? and 21.4.8 Non-EEA Family Members of British Nationals (Surinder Singh cases).