overstayed

njj · Post by **njj** » Fri Sep 12, 2008 12:52 pm

Hi

I am hoping you can give me a little advice.

My husband from Jamaica is an overstayer of around six years but we have been married for three and half years. I have a full time job so I can support him financially even though I have been in my overdraft a little. What is the best thing for us to do? Can we apply from here?

Thank you

paulp · Post by **paulp** » Fri Sep 12, 2008 12:58 pm

If you do a search on the forum, you may see lots of other people in the same situation as your husband who have applied for a spouse visa (FLR(M)) in-country but who have been waiting for a long-time to hear from the home office, with little prospect of success.

The current consensus on the board is for your husband to go back to his home country and apply for a spouse visa from there. It will be much quicker that waiting 2+ years in the UK to get a decision from the home office.

Post by **Casa** » Fri Sep 12, 2008 1:39 pm

With an overstay of 6 years, his best option is to return to Jamaica and apply for a spouse visa to re-enter.

republique · Post by **republique** » Fri Sep 12, 2008 4:00 pm

paulp wrote:If you do a search on the forum, you may see lots of other people in the same situation as your husband who have applied for a spouse visa (FLR(M)) in-country but who have been waiting for a long-time to hear from the home office, with little prospect of success.

The current consensus on the board is for your husband to go back to his home country and apply for a spouse visa from there. It will be much quicker that waiting 2+ years in the UK to get a decision from the home office.

Hear hear

Post by **Frontier Mole** » Fri Sep 12, 2008 6:36 pm

Return to JAM quickly before 1st October to get the benefit of the current concession.

paulp · Post by **paulp** » Fri Sep 12, 2008 8:14 pm

I thought under 320(7c), para 320(7b) "shall not apply" to a person applying as a spouse of a person settled in the UK under para 281.

Post by **Frontier Mole** » Fri Sep 12, 2008 11:09 pm

The concession takes away some uncertainty over the position. The spouse bit is NOT a guarantee that the sins of the past will be washed away. It very much depends on his immigration history. Failed asylum seeker, absconder for instance is not going to get the benefit of the doubt once the concession closes.

As for applying in country - the same rules apply, so if you can't succeed in JAM you will not succeed in the UK. The UK route - you will wait a considerable time for a decision and in the mean time he can not work or start to qualify for ILR. Hence the return to JAM is the best and quickest option to allow him to gain his ILR and be able to work.

With your fiscal situation it will be a close run thing wither you pass the requirements. I would suggest that if you are running into overdraft by a tiny amount, say less than Â£100 per month it is certainly not going to be a visa killer. It would be helpful if you could pass some comment on his chances of getting work as that will aid the situation if applying for the visa out of country.

jei2 · Post by **jei2** » Sat Sep 13, 2008 10:57 am

paulp wrote:I thought under 320(7c), para 320(7b) "shall not apply" to a person applying as a spouse of a person settled in the UK under para 281.

I had a similar discussion somewhere else on the board around the issue of deported spouses and partners.

After discussion with an immigration official about this the message seemed to be very much: spouse or otherwise, get back before the 1 October 2008 if you can!

Mind you he also said the waters are still quite muddy and ECOs are not yet sure how to treat a post 1 October entry clearance application from a spouse...ho hum...

transpondia · Post by **transpondia** » Sat Sep 13, 2008 9:51 pm

Although Liam Byrne gave a ministerial statement that HC321 would not apply to applicants on the family track, he also made it clear that they would be introducing sanctions against spouses and partners who had overstayed when it comes time for their nationality.

We don't know what he has in mind yet, most likely additional time added to the probationary period, but it's not to be taken lightly.

The best option is to take advantage of the concession which expires on 1 October.

sally12345 · Post by **sally12345** » Sun Oct 05, 2008 9:35 pm

transpondia wrote:Although Liam Byrne gave a ministerial statement that HC321 would not apply to applicants on the family track, he also made it clear that they would be introducing sanctions against spouses and partners who had overstayed when it comes time for their nationality.

We don't know what he has in mind yet, most likely additional time added to the probationary period, but it's not to be taken lightly.

The best option is to take advantage of the concession which expires on 1 October.

Hi I agree with you my partner and I went back to Jamaica with no checks at the airport Amen! I feel that this was the best move for us as we may stand a better chance of success, rather than waiting on the Home Office to make up their minds!!! and that takes years... Trust me... so with the Grace Period it gave us hope and we are now in the process of applying for a visa fingers crossed!

could I just get something confimed upon leaving the Uk before Oct there is no deadline date to return? Thanks

paulp · Post by **paulp** » Sun Oct 05, 2008 9:38 pm

I am not aware of any date to return.

sally12345 · Post by **sally12345** » Mon Oct 06, 2008 8:22 am

paulp wrote:I am not aware of any date to return.

Hi Paulp, many thanks I keep hearing all these stroies

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