Advice needed

spectral88 · Post by **spectral88** » Thu Oct 15, 2009 2:18 am

Hey
I am an overstayer with a pending application at home office for a year.
I have applied for c.o.a to get married 4 months back.
Did send the documents and affadavits but have not heard anything back.

I am aware of the risk of ho being alerted of my status due to this and as such the process that follows.

Just wondering if anyone else has been in this situation, or if someone can be kind enough to share and advice on this scenario i.e whether we would be allowed to get married anyime soon ? or do we need to send them further proof of our relationship? or how long can it possibly take since we were planning to get married in december initially.

Any advice or information greatly appreciated.

Cheers.

rinav · Post by **rinav** » Thu Oct 15, 2009 9:18 pm

my partner was an overstayer adn we applied for a COA in may 2009. We snet the affidavits and the application form (via solicitor). In June Home Office wrote to our solicitor andasked for proof of our relationship and affidavits again. The same week the HO wrote to my partner and asked him to go and see Immigration Officer at Eaton House so that they will allow him Temporary Release in the UK. Anyways my partner went on the 3rd July and was detained my Immigration.He spent 10 days in Detention. On the 13th July he was removed form the UK.

Our story is long winded as my partner was not aware he was an obverstayer - HO never notified us of the refusal of extending his student visa.

I have heard people get COA being overstayers but it took years. I don't know your full story but I would get legal advice. We had a bad solicitor who advised us to apply for COA eventhough we wanted my partner to go back and apply form home country for Fiancee or Spouse Visa. If we could turn back time then we would never have applied for COA in the UK. My partner would have left the UK and applied from his home country.

The whole process of COA and detention was the worst thing we both went through. I would not wish it on my worst enemy.

keshgrover · Post by **keshgrover** » Thu Oct 15, 2009 10:42 pm

rinav wrote:my partner was an overstayer adn we applied for a COA in may 2009. We snet the affidavits and the application form (via solicitor). In June Home Office wrote to our solicitor andasked for proof of our relationship and affidavits again. The same week the HO wrote to my partner and asked him to go and see Immigration Officer at Eaton House so that they will allow him Temporary Release in the UK. Anyways my partner went on the 3rd July and was detained my Immigration.He spent 10 days in Detention. On the 13th July he was removed form the UK.

Our story is long winded as my partner was not aware he was an obverstayer - HO never notified us of the refusal of extending his student visa.

I have heard people get COA being overstayers but it took years. I don't know your full story but I would get legal advice. We had a bad solicitor who advised us to apply for COA eventhough we wanted my partner to go back and apply form home country for Fiancee or Spouse Visa. If we could turn back time then we would never have applied for COA in the UK. My partner would have left the UK and applied from his home country.

The whole process of COA and detention was the worst thing we both went through. I would not wish it on my worst enemy.

spectral88, you need a good solictor, start digging now and rinav, your story is heart breaking. Hope things are better with you now.

meats · Post by **meats** » Thu Oct 15, 2009 10:46 pm

spectral88 wrote:Hey
I am an overstayer with a pending application at home office for a year.
I have applied for c.o.a to get married 4 months back.
Did send the documents and affadavits but have not heard anything back.

I am aware of the risk of ho being alerted of my status due to this and as such the process that follows.

Just wondering if anyone else has been in this situation, or if someone can be kind enough to share and advice on this scenario i.e whether we would be allowed to get married anyime soon ? or do we need to send them further proof of our relationship? or how long can it possibly take since we were planning to get married in december initially.

Any advice or information greatly appreciated.

Cheers.

Reminded me of UKBA on Sky 1 when the HO turned up to an overstayers wedding, arrested the groom who had overstayed, detained him and deported him. I don't think he got to see his wife to be before he was deported either. And no, the wedding didn't take place.

keshgrover · Post by **keshgrover** » Thu Oct 15, 2009 10:52 pm

meats wrote:
spectral88 wrote:Hey
I am an overstayer with a pending application at home office for a year.
I have applied for c.o.a to get married 4 months back.
Did send the documents and affadavits but have not heard anything back.

I am aware of the risk of ho being alerted of my status due to this and as such the process that follows.

Just wondering if anyone else has been in this situation, or if someone can be kind enough to share and advice on this scenario i.e whether we would be allowed to get married anyime soon ? or do we need to send them further proof of our relationship? or how long can it possibly take since we were planning to get married in december initially.

Any advice or information greatly appreciated.

Cheers.
Reminded me of UKBA on Sky 1 when the HO turned up to an overstayers wedding, arrested the groom who had overstayed, detained him and deported him. I don't think he got to see his wife to be before he was deported either. And no, the wedding didn't take place.

But if the OP's application is still with HO and they have not decided the case yet we can not consider OP as overstayer. So, practically he still has a chance.

meats · Post by **meats** » Thu Oct 15, 2009 10:55 pm

keshgrover wrote:
meats wrote:
spectral88 wrote:Hey
I am an overstayer with a pending application at home office for a year.
I have applied for c.o.a to get married 4 months back.
Did send the documents and affadavits but have not heard anything back.

I am aware of the risk of ho being alerted of my status due to this and as such the process that follows.

Just wondering if anyone else has been in this situation, or if someone can be kind enough to share and advice on this scenario i.e whether we would be allowed to get married anyime soon ? or do we need to send them further proof of our relationship? or how long can it possibly take since we were planning to get married in december initially.

Any advice or information greatly appreciated.

Cheers.
Reminded me of UKBA on Sky 1 when the HO turned up to an overstayers wedding, arrested the groom who had overstayed, detained him and deported him. I don't think he got to see his wife to be before he was deported either. And no, the wedding didn't take place.
But if the OP's application is still with HO and they have not decided the case yet we can not consider OP as overstayer. So, practically he still has a chance.

He's already said that he's an overstayer. Making an application after overstaying doesn't change that.

keshgrover · Post by **keshgrover** » Thu Oct 15, 2009 11:01 pm

spectral88 wrote:Hey
I am an overstayer with a pending application at home office for a year.

I can still read it as I am an overstayer with A PENDING APPLICATION AT HOME OFFICE FOR A YEAR. And I think pending stands here for an application which has not been decided by HO yet.

spectral88 · Post by **spectral88** » Fri Oct 16, 2009 3:15 pm

Hey

Thanks everyone for your replies.

Rinav I am very sorry to hear about your situation. Even though I have not been through it...yet...I can still imagine the heartache and nightmare it must have been.

I am an overstayer. It was a mix of ignorance on my part and bad represtation by my lawyer. I handed my application over to my lawyer a week before my visa expired, who in turn posted it after my visa expired. His reason for that nonsense ? The 28 days grace period. According to him the application could be sent within 28 days after the visa expiry as he had doen it a couple of times before as well. However i was refused and then he sent another application and home office sent me a letter saying I can stay in UK as long as my application is being decided....which has still not been decided and I was told it could take any lenght of time so not holding my breath.

I have been with my girlfriend for year and a half and my current lawyer advised to apply for c.o.a....but now that seems like a bad idea as well.

Can it actually take a year or so for the c.o.a to come?

I am kind of confused now....if I am to be deported...why have home office not taken any action so far..like in Rinav,s case..since its already been 4 months and going on.

My solicitor has assured me that this was a reasonable option but I am not so sure anymore.

An advice would be appreciated. Thanks.

meats · Post by **meats** » Fri Oct 16, 2009 4:04 pm

spectral88 wrote:Hey

Thanks everyone for your replies.

Rinav I am very sorry to hear about your situation. Even though I have not been through it...yet...I can still imagine the heartache and nightmare it must have been.

I am an overstayer. It was a mix of ignorance on my part and bad represtation by my lawyer. I handed my application over to my lawyer a week before my visa expired, who in turn posted it after my visa expired. His reason for that nonsense ? The 28 days grace period. According to him the application could be sent within 28 days after the visa expiry as he had doen it a couple of times before as well. However i was refused and then he sent another application and home office sent me a letter saying I can stay in UK as long as my application is being decided....which has still not been decided and I was told it could take any lenght of time so not holding my breath.

I have been with my girlfriend for year and a half and my current lawyer advised to apply for c.o.a....but now that seems like a bad idea as well.

Can it actually take a year or so for the c.o.a to come?

I am kind of confused now....if I am to be deported...why have home office not taken any action so far..like in Rinav,s case..since its already been 4 months and going on.

My solicitor has assured me that this was a reasonable option but I am not so sure anymore.

An advice would be appreciated. Thanks.

I wouldn't get married if i were you until your appeal is decided. It will just look like you are trying to stay in the UK at all costs and could well go against you.

I would leave and then either get married in your country or abroad, or apply for a fiance visa to get married here.

keshgrover · Post by **keshgrover** » Fri Oct 16, 2009 5:16 pm

meats wrote:
spectral88 wrote:Hey

Thanks everyone for your replies.

Rinav I am very sorry to hear about your situation. Even though I have not been through it...yet...I can still imagine the heartache and nightmare it must have been.

I am an overstayer. It was a mix of ignorance on my part and bad represtation by my lawyer. I handed my application over to my lawyer a week before my visa expired, who in turn posted it after my visa expired. His reason for that nonsense ? The 28 days grace period. According to him the application could be sent within 28 days after the visa expiry as he had doen it a couple of times before as well. However i was refused and then he sent another application and home office sent me a letter saying I can stay in UK as long as my application is being decided....which has still not been decided and I was told it could take any lenght of time so not holding my breath.

I have been with my girlfriend for year and a half and my current lawyer advised to apply for c.o.a....but now that seems like a bad idea as well.

Can it actually take a year or so for the c.o.a to come?

I am kind of confused now....if I am to be deported...why have home office not taken any action so far..like in Rinav,s case..since its already been 4 months and going on.

My solicitor has assured me that this was a reasonable option but I am not so sure anymore.

An advice would be appreciated. Thanks.
I wouldn't get married if i were you until your appeal is decided. It will just look like you are trying to stay in the UK at all costs and could well go against you.

I would leave and then either get married in your country or abroad, or apply for a fiance visa to get married here.

It does make sense.

rinav · Post by **rinav** » Sat Oct 17, 2009 12:42 am

spectral88

You have to make the decision with your girlfriend on whether you saty and wait for the decision of the COA or go back to your home country and apply from there. I dont think that there is any particular reason that my husband was removed and your not - maybe the UKBA have met their target for removals this year already as I think thats all they care about.

I know of people who have waited 2 years for COA to sent back to them. Speak to your solicitor and see what they think as if you leave the Uk and apply form abroad you and your girlfriend have to meet the requirements for the visa.

cheza · Post by **cheza** » Thu Oct 29, 2009 2:18 pm

hi my sister has overstayed her visitor visa and apply for COA january and she was granted COA August.
they are a partner for 2 years..... they all done it with the help of solicitor and they are now getting married this coming month

meats · Post by **meats** » Thu Oct 29, 2009 2:21 pm

cheza wrote:hi my sister has overstayed her visitor visa and apply for COA january and she was granted COA August.
they are a partner for 2 years..... they all done it with the help of solicitor and they are now getting married this coming month

Let us know if the UKBA rock up on the wedding day and take her away or not.

cheza · Post by **cheza** » Thu Oct 29, 2009 2:25 pm

but she has been granted COA why does UKBA would visit her?

cheza · Post by **cheza** » Thu Oct 29, 2009 2:27 pm

HO has her passport they havent given it back yet

meats · Post by **meats** » Thu Oct 29, 2009 2:27 pm

cheza wrote:but she has been granted COA why does UKBA would visit her?

They've detained and deported people on the day of their wedding before, after overstayers applied for and got a COA.

cheza · Post by **cheza** » Thu Oct 29, 2009 2:30 pm

makin me worried now!!! anyway hope UKBA wont visit....her fiancee is not british citizen its romanian by the way......

meats · Post by **meats** » Thu Oct 29, 2009 2:31 pm

cheza wrote:makin me worried now!!! anyway hope UKBA wont visit....her fiancee is not british citizen its romanian by the way......

Doesn't matter what the nationality is, an overstayer is an overstayer.

Wanderer · Post by **Wanderer** » Thu Oct 29, 2009 2:32 pm

cheza wrote:but she has been granted COA why does UKBA would visit her?

CoA IS NOT A VISA!!!

It's a useful UKBA tool for pinpointing overstayers, address, the lot!

cheza · Post by **cheza** » Thu Oct 29, 2009 2:34 pm

hmmnnn... hope they wont come and take her..

cheza · Post by **cheza** » Thu Oct 29, 2009 2:36 pm

[quote="Wanderer"][quote="cheza"]but she has been granted COA why does UKBA would visit her?[/quote]

CoA IS NOT A VISA!!!

It's a useful UKBA tool for pinpointing overstayers, address, the lot![/quote]

THANKS!!!! thats very helpful

meats · Post by **meats** » Thu Oct 29, 2009 2:36 pm

cheza wrote:hmmnnn... hope they wont come and take her..

Well you'll know soon enough anyway.

cheza · Post by **cheza** » Thu Oct 29, 2009 2:37 pm

[quote="meats"][quote="cheza"]hmmnnn... hope they wont come and take her..[/quote]

Well you'll know soon enough anyway.[/quote]

I will let yah all know anyway,

cheza · Post by **cheza** » Tue Nov 17, 2009 11:05 pm

the wedding went very well no visits from ukba!

Wanderer · Post by **Wanderer** » Wed Nov 18, 2009 9:16 am

cheza wrote:the wedding went very well no visits from ukba!

Not yet anyway! Doesn't preclude the wheels being set in motion now....

Congrats anyway!

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