ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spouse Visa Application - HELP

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

Locked
Domjohn
Newly Registered
Posts: 3
Joined: Thu Nov 19, 2015 3:14 pm

Spouse Visa Application - HELP

Post by Domjohn » Thu Nov 19, 2015 3:52 pm

Hello,

I have a complex case at hand.

Firstly,
I'm an over-stayer. I came into the UK late January 2011 with a Tier 4 Visa to study which now expired November 2014.

Secondly,
I got married in UK December 2013. I had several challenges. My partner had a still birth twice 2014/2015.
The first one happened during my exams which i was unable to pass due to the emotional trauma at the time. My school refused to issue me with a CAS due to the cap rule which I appealed under extenuating circumstances but was rejected and couldn't return home because my partner couldn't cope with the loss on her own and also I feared for my own safety back home with extended family relatives threatening to harm me.

Thirdly,
My partner is pregnant and will be due in late March 2016.

Finally
What are my chances? Returning home to apply for a spouse visa is not safe for me.


Please help
Many Thanks

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse Visa Application - HELP

Post by Casa » Thu Nov 19, 2015 3:59 pm

You will have a stronger case for a FLR(FP) application once your baby is born. Do you have your passport?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Domjohn
Newly Registered
Posts: 3
Joined: Thu Nov 19, 2015 3:14 pm

Re: Spouse Visa Application - HELP

Post by Domjohn » Thu Nov 19, 2015 4:07 pm

Thanks for your feedback.

How do you mean a stronger case of FLR(FP) application. I'm scared now :shock: :o

Yes I do have a passport.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse Visa Application - HELP

Post by Casa » Thu Nov 19, 2015 6:17 pm

At present a FLR(FP) application may well not succeed. You would have a better chance of success if you submit a FLR(FP) application once your baby is born. You'll need to pass the A1 level English test, which is why I asked whether you have your passport for identification at the test centre.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Domjohn
Newly Registered
Posts: 3
Joined: Thu Nov 19, 2015 3:14 pm

Re: Spouse Visa Application - HELP

Post by Domjohn » Thu Nov 19, 2015 6:59 pm

Thanks CASA for your reply, much appreciated.

Okay I'll just try to be realistic - What if i get refused on the basis of overstaying after my visa expired?
Or are there any exceptions because I'm already in breach of the law? :(

Locked