Can overstayers ever return to the uk?

[telula]

Hi i am new to this forum, and really wish we had found it before submitting our application. Obviously, any advice or criticism given will be taken in hindsight, but still greatly appreciated plus advice on further steps greatly welcomed.
I am a british citizen living and working in the uk. I met my (now) husband two years ago in the uk. He is kenyan, originally entered uk on a former spouse visa, in 2001, this expired in 2002, prior to this his marriage broke down due to her adultery, he then applied for a work permit to extend his stay through an ex- employer but was refused, during this time he tried to locate his wife to obtain divorce, but she was unobtainable had left uk to live in india, he also had obtained a loan, went on college course to gain status as qualified chef and consequently established a life for himself here in the uk. We met feb 2004, moved in together sept, i was a student and he helped to financially support me throughout my studies, during which time he obtained his divorce, cleared his debts and we voluntarily returned to kenya jan 2006, where we were married. We are also expectring our first baby in july, something that we are both extremely anxious about going through together. We have applied for a spousevisa. We obtained legal support and were unfortunately poorly informed and i feel, whilst we submitted the minimum documents and then some, it was weak. I am now in full time employment after graduating 4months ago, but my husband has always been the higher wage earner between us, which makes me a weak sponsor, also for the fact that i will be going on maternity leave soon and claiming maternity benefits, i understand are my rights but hardly sufficient to adequetly support my husband, however his employers have kept his job open for him and written confirmation that they are willing to employ him upon his return. He also has another offer of employment in a similar position and excellent references, both employment and character references.
We have lived independantly without recourse to public funds for almost two years, and have a strong established relationship.
We live in a very large self contained one bedroom flat with private garden, more than adequate for the two of us, and for first year our new baby.
We have a joint bank account and save regularly but all savings were eaten up by wedding, and visa application and funds for us both to live separately etc
I feel if this were a first time straightforward spouse application we would satisfy HO, however how much will his previous immigration history, ex marriage, and my poor income negate our chances? We have only been separated for three weeks and already it is insufferable. Also if refused how do we go about lodging an appeal and will my expecting date (baby) speed matters up. I would sincerely appreciate any response to our situation. Many Thanks Telula x

[John]

We obtained legal support and were unfortunately poorly informed and i feel, whilst we submitted the minimum documents and then some, it was weak.

Are you saying that an application for a spouse visa has been submitted, and has been rejected? If so, can you state the grounds for the rejection?

Pending the answer to that, as regards the subject of this topic .... "Can overstayers ever return to the uk?" ... the answer is most certainly ... YES! This Board has quite a number of postings from those who have succeeded in circumstances not too dissimilar to yours.

The fact that your husband's job is being kept open for him is a very positive sign!

[Jeff Albright]

I think there are several things remain unclear.

You married in Kenya in Jan 2006. Are you back to the UK and he is still in Kenya, is that right?

Why are you so concerned about his visa application? What documents have been submitted/not submitted?

Has he had an interview already? If not then when?

If you have proved that you are genuinely married (marriage certificate + proof of cohabition, utility bills on both names, etc), that he has a job lined up here (get offer letters, bank statements with some money showing on it), that you have accommodation (mortgage, tenancy agreement), it is rather unlikely he will be refused, because all the Immigration rules for the spouse application will be met.

Where did you seek legal advice, who gave it and what exactly were you advised? Why did you think it was poor advice? Is that advisor registered with OISC?

You both also have to bear in mind that the ECOs will normally refer such an application to the UK for decision. That can take 5 weeks (UKVisas guidelines) but may even take a few months. They may check him against a number of things - whether he has had any criminal history and whether he ever claimed asylum or any deportation orders were ever issued on his name. These all take time. Be patient.

What did you answer to the question in an application form "Have you ever been deported/removed or otherwise asked to leave the UK". We have discussed this topic on this forum earlier and agreed that if he had left the UK voluntarily then the answer should have been put "no".

Please give more information on that and you will get more advice.

[telula]

hi, sorry for a late response, no a spouse visa hasn't been refused as yet, and yes i am over here waiting for husband to return from kenya. I think my main concern is that he was working illegally as an overstayer and also has a spent drink driving conviction (with a fine) that we did not declare stupidly on the form, from three years ago.
It has only been three weeks, and he has received an acknowledgement letter to say they are making further enquiries. There has been no request for an interview as yet.
.im just a pregnant hormonal lady aching to be with husband! there are newly wed duties to be performed!
i would love to hear from other women (and men) it that situation too, the emotional and financial strain, seeing as we lived together on two wages for almost two years (his being the larger portion) and now same bills but just one wage..its very tough.
i would love to start a support network for those of us seperated and waiting and waiting for a lives to be fated. Does anyone know of such a website? Not for advice as such just to hear from others to whinge and moan with! I shant waste space here going into the emotional strain.
just a note also that i too had prepared a folder of evidence with sections for ease and clarity with an abundance of details and it was ridiculed at the Visa Handling Service, taken to pieces and put in their own required order...many weeks of labelling and organizing gone to waste!
Also, my father wants to contact the embassy for a progress report, i feel this will not help may even hinder the progress. Can contacting the HO help in anyway?
Will they want to interview me? I hope so! Feel useless just sitting around doing nothing!
Last query, if the application is refused, how long does an appeal take and what is the procedure? We have discussed if a refusal does occur then i shall have to dent the credit card and fly out for a two week visit, how will this affect an appeal application as regards to time limit, is it best for me to remain here?

[telula]

Our so called solicitor gave us the vaf2 form on pink paper so we had to quickly re write form, one of the questions in section was changed by the women on the desk after she knew of the situation, from yes to no, it was more than likely that question, im sorry i cant be more specific. We had been illinformed about taking correct bank statements and utility bills with us by the solicitor who said transactions on bank statement showing all bills being paid would be sufficient, consequently we couldn't submit the application until a week after i had returned to uk, (had to order bank statements etc) the solicitor had an oisc certificate but the validity of it is umknown, he wasn't vat registered and hastedly prepared our case with us with a distinct lack of professional conduct..no appointment system, had to ring on his mobile on the day of required appointment.. didn't know who my husband was when met him, despite being told all about it repeatedly..thought husband was in jamaica waiting to come over!
i hope the crassness of legal support will not hinder our application.

[confused1]

I knew a guy locally, he was a over stayer at the begining when he came here in the UK.... he had some political problems back at home.. so later he was staying as an asylum seer...

But..recently..he got married....but to get the resident permit...he had to go back to his country of origion and re-apply for a marriage VISA. Now..the VISA have been granted and he'll be arriving here in the UK soon.

But.. the British Embassy will he highly suspecious... they quized him harshly..to ensure that.. it's not a fake marriage..and all the documents are in place....

For..your case..your husband should tell the entry clear office, why he haven't married that woment who brougt her in the uk... and then.. the story that you meet together... It shouldn't be a problem..try to be as much honest as you can.... to avoid any unnecessary delay... Good luck..
Speak to an immigration solicitor... thay're handy...

[telula]

My husband was married before genuinely, thats how he came to stay here but didn't return to kenya when spouse visa expired. We met approx a year after. Thanks for your advice x

[A fellow Friend]

Hi Telula.
I have been reading your story and find it very moving. I feel that i am really close to you and i dont even know you.I would not worry about this at all because i know with previous experiences, it will sort its self out. Your husband will be home in time for baby. I cant understand why they have not notified you of any progress yet. I was reading the uk imigration website and it should not take this long. But all i can suggest to you is to be positive about all of this. I guess you have alot of support in the uk and if i was you i would use it, to keep your mind occupied. If you ever need anythink at all i am only two hours away by car.
Anyway isnt that what brothers are for.................
Love you loads
Keep your chin up.
A xxxxx [/quote]