FLR rejected

[Vern]

Hello,

I am hoping I can get some advise on the below.

I came to the UK back in Sep 2009 on a student Visa. I got married in 2014 to my British partner and had been on a 5 year route spouse visa. I have been in full time employment ever since and have a very clean track record with no criminal convictions.

Back in April 2019 this year I had missed my date for renewal of my visa and overstayed. I sought legal advise and my solicitor suggested we submit an application for FLR on the grounds of Human Rights Act as a convincing pitch.

I received confirmation from the HO today that my visa was rejected - Although I met all the necessary requirements, we couldn't convince the HO that my British wife would face insurmountable obstacles outside the UK in India. We there fail to meet the requirements of EX.1(b) of Appendix FM of the Immigration Rules.

My solicitor has given me 2 options: (both of which would be a new application charge by the law firm)
1. To appeal this decision in court
2. To go to India and apply for a fresh spouse visa on a 5 year route.

What would be the best and most successful option to opt for? Whats the possibility of the court ruling in our favour? Would I be banned from entering the UK now that I have overstayed or would they consider that I did make an attempt to continue my stay legally?

Please advise

Thanks
Vernon

[CR001]

Please continue in your existing topic where you have been receiving advice already.

indefinite-leave-to-remain/overstayed-m ... l#p1845559