spouse appeal refused

[barbielee]

Hello,
My husband came into the country in 2005 and since over stayed. He applied for discretional leave to remain in 2007 and in 2008 we got married. He then applied as a spouse of someone settled in the UK and both applications were refused.

The Home Office claimed that our marriage was not subsisting, but in January 2010 we appealed to AIT and the judge agreed that our marriage was subsisting but dismissed the appeal and asked that my husband should go back to his country and apply for entry clearance. We are very worried about that because we are not sure of the possibilities of them giving him entry clearance since he had previously over-stayed in the UK. Please we would appreciate your advice.

[ElenaW]

Hello,
My husband came into the country in 2005 and since over stayed. He applied for discretional leave to remain in 2007 and in 2008 we got married. He then applied as a spouse of someone settled in the UK and both applications were refused.

The Home Office claimed that our marriage was not subsisting, but in January 2010 we appealed to AIT and the judge agreed that our marriage was subsisting but dismissed the appeal and asked that my husband should go back to his country and apply for entry clearance. We are very worried about that because we are not sure of the possibilities of them giving him entry clearance since he had previously over-stayed in the UK. Please we would appreciate your advice.

Overstay doesn't matter in terms of a spouse visa. He will not get refused based on that reason.

[mochyn]

if the only thing he has done wrong is overstay then it will not count against him

[Rozen]

if the only thing he has done wrong is overstay then it will not count against him

But if he used fake documents (ie. passport), then it's a whole different ball game!

[bbbb]

Hello,



In terms of a spouse visa , He will not face any ban.
but the process might be really tiring.

But if he used fake documents (ie. passport), then it's a whole different ball game!

Do you think (have a good long think about it). that one can be over stayed for either 5 , 6, or wathever without working??

what must be worrying for HO is to have someone who says that he hasn t worked for years , cos it will be difficult for him/her to find a for afterwards , and will end up asking benefits

[Mr Rusty]

The appeal judge has upheld UKBA's decision to refuse his application, so what else is he going to do? As already advised, the overstay would not attract an automatic ban, but if he fails to comply now, and tries to hang about in the UK, he could be refused entry clearance under Para 320(11) for having attempted to "frustrate the intentions of the Rules". Unless a competent legal advisor can say that he has a reasonable chance of success with a further appeal, Judicial Review, whatever, his best course is to leave and put in the EC application as soon as possible.
It would be perverse of UKBA to suggest that his proper course is to apply from abroad if they knew that any application was bound to fail. Many people have faced up to your husband's situation, left the UK and come back legally.

[bbbb]

hello

The refusal by the HO is due to the fact , according to them, the marriage was not subsisting and not because he is an overstayer either he was using fake documents.

They have two choises : either appeal again and bring up new evidences or go back in his home country knowing that the HO would not say again that the marriage is not subsisting , cos the judge ruled that out.
he has to understand that it is the law to go back in his home country to apply , and to be an overstayer would not affect his spouse visa application.

What exactly the judge said??

Cheers[/b]