Applying for spouse visa both sponsor and spouse are abroad

[skyepark]

I am a British citizen living abroad fir year and ny husband is staying with me. He overstayed in uk for 3 year until last dec so we understand that he would be banned from entering the uk. We both wish to apply for spouse visa in dec so that we can re enter the uk together. I won't have a job but can organize accommodation and I have savings. We are both in india he is a non-eu citizen. Has anyone sponsored From abroad and been successful. We can show job ads we' d both be elegible for and courses he could take. He also worked without showing papers in the uk too ahold we mention this on the app? Also how can I provide bank statements and payslips? I've been living off savings.

[Kitty]

Your husband wouldn't be banned from a spouse application based on a simple overstay - was there anything else that he might have been guilty of like deception or contriving to frustrate the rules?

I think it likely he would have to apply from Belarus, not India (what is his immigration status in India?). He needs to apply for a settlement (i.e. spouse) visa from a place where he is "normally and legally" resident.

I would strongly suggest that you establish yourself in the UK with a job and accommodation first, and then have your husband apply to join you, unless you have some really substantial savings to rely on until you are settled in.

Remember that there will be a language requirement for spouses from the autumn.

Alternatively you could move together to an EEA country like Ireland: if you work there for at least 6 months then you could return to the UK together under European laws. Search the forum for "Surinder Singh"...

[Kitty]

He also worked without showing papers in the uk too ahold we mention this on the app?

Sorry, I missed this bit. What is your husband's complete immigraiton history? (i.e. did he arrive legally and then overstay/work, or did he arrive illegally?).

The general rule is that in a spouse visa application you must give information that is requested. To do otherwise would be to "withhold material information", which is a bannable offence.

Check the requirements of the visa form at www.ukvisas.gov.uk: the one you are after is VAF4A

[Mr Rusty]

The questions previously asked are highly relevant, i.e. unless your husband has some form of residence other that a visitor in India, a settlement application will have to be made in Minsk.
Also, the circumstances of his stay in and departure from the UK require clarification. Was he arrested at any time? If he just overstayed and worked in his own identity, he may not be subject to a ban. However, in my experience many Belarussians used Lithuanian or Latvian documents to obtain work. If he did this, he could be refused under Para 320(11) of the Immigration Rules, because he "contrived in a significant way way to frustrate the intention of the Rules". Overstaying and working in breach are not in themselves refusable under this Para, as there have to be "aggravating circumstances", but one of these is listed as - "previous use of a different identity or multiple identities for deceptive reasons." I would say that if they can hit him with that they probably will do.
If you can get a visa for Belarus, there is nothing to stop you accompanying him to submit a settlement application there.

[skyepark]

thansk for your responses t clarify

he worked in the uk however they did not ask for his identification to show his visa(i will clarify)

He did not get aressted he left on his own exenses.

he is in India on an entry visa for 6 months he can register with FRRO and get residence card we plan to extend this visa until 12 months. I guess I will have to clarify as to whether this is residence. I will have at least 16k saving next year. and if I require more money to show in the bank it can be done(parents).

the EEA route sounds good but that's another 6 months.

[Casa]

Don't include money from parents as 3rd party financial support is still being disallowed. Even though a case for 3rd party finances was successful in the High Court recently, the Immigration Regulations and instructions to ECOs as yet remain unchanged.

[skyepark]

ok so i verified that my husband said he was from an EU country so he lied to get his job but he wasn't asked to show his papers. He doesn't want to implicate his ex employers as they taught him a lot. Should he mention that he got employment by lying but not fraud does this count as frustrating the law? Since its partly the fault of his employees?

I think my savings are fine for financial proof, but I wont have bank statements or payslips since I haven't been paid since Nov 2009. I can show my p60 to show my earnings.

So is it still advisable that I go to the UK set up life then make the application? can anyone who has applied from abroad who has been married for less then 4 years help?