Spouse Visa application after overstaying in theUk

[Optmistic]

Hello all I apologise if this has been asked before but i had a scroll through the forum and didn’t come across it.

Im looking for help in a matter of applying for entry clearance as a spouse of a british citizen. I came to the UK as a visitor to my family my circumstances changed while i was here and before my visa expired I applied for further leave to remain which was refused, made a fresh application it was refused again while this was going on i was in a relationship with a British citizen in 2015 we got married and i then switched to apply for leave to remain as a spouse rather than adult dependent to my family.

The Home Office refused this application on the fact that i didn’t have a valid visa at time of application and they thought our marriage was a sham. We appealed and the first tier tribunal recognised our marriage as genuine and allawed the appeal however the Home Office appealed to the judges decision on the basis of that the judge had failed to put public interest and they still doubted my marriage.

We went back to court after interview the second judge believed us and recognised our marriage. However he suggested i leave the country and reapply for entry clearance as a spouse. We have all the evidence required for the visa even bill proving cohabitation and that we have subsisting marriage. They also gave us right to appeal

My question is if i do go back home to re apply for entry clearance what are my chances will they grant me the visa or they will automatically refuse since im an overstayer. Please note i have overstayed from 2011 but have always had an ongoing application with the ho and have been reporting monthly. So as soon as i leave the Uk will i be placed on a ban?

[bathanza]

Bans are normally in place for anyone leaving the UK after overstay but are exempt in a Spousal Application which you intend to do.

I believe if your docs are all okay and the remarks from the judge raised in your cover letter, you should be okay. However, I know there is section 320(11) which can be used to refuse a spousal application.

See: https://www.gov.uk/guidance/immigration ... or-refusal

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:
(i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.

There are plenty of people who have returned back to their originating home who have applied successfully. Equally a number who have been refused.

Read through tribunal decisions based on entry clearance: https://tribunalsdecisions.service.gov.uk/utiac/39116

I've been busy collecting this sort of evidence to show my family members if they tell us that my husband should return home.

I would much prefer a judge declare this so we avoid any problems. I know it probably doesn't comfort you but that's what I am aware of at current state. Other members/admins would be in a better position to post.

[bathanza]

(search through the tribunals, that was an example of a reference but the case itself seems quite complicated with a history of some form of deception/sham which is not my intent to showcase) - Unable to edit my post too. Apologies.

[Sukhraj11]

My husband went to India Dec 2015. We got married in India and applied for entry clearance was refused under 320(11) I had a court hearing - appeal dismissed I can go to India the judge said...
so from my experience I’m not sure if going back is a good idea... I’m still fighting to stay strong ... only the person who is away from their partner can truly understand how difficult it is!
We have submitted a second application been over 24 weeks - called yesterday and still no decision is made ...

[vinny]

See also here.

[Sukhjinder]

My husband went to India Dec 2015. We got married in India and applied for entry clearance was refused under 320(11) I had a court hearing - appeal dismissed I can go to India the judge said...
so from my experience I’m not sure if going back is a good idea... I’m still fighting to stay strong ... only the person who is away from their partner can truly understand how difficult it is!
We have submitted a second application been over 24 weeks - called yesterday and still no decision is made ...

hi did your husband get visa? . as I am on same situation .

[Zerubbabel]

My husband went to India Dec 2015. We got married in India and applied for entry clearance was refused under 320(11) I had a court hearing - appeal dismissed I can go to India the judge said...
so from my experience I’m not sure if going back is a good idea... I’m still fighting to stay strong ... only the person who is away from their partner can truly understand how difficult it is!
We have submitted a second application been over 24 weeks - called yesterday and still no decision is made ...

hi did your husband get visa? . as I am on same situation .

This an old thread. Each case is different even if the situations looks similar. Also immigration law changes quickly. So this thread is not going to help.

Open a new thread and explain your situation and immigration history