overstay

[teabag]

hi all,
Iam here since 11 months. entrance was as wife, but with family visitor.

what to so to correct? can iappeal if HO catch me?
what is article 8?

and my friend, she is here for 5 months, also as wife family visitor. can she switch to student visa?

[MPH80]

leave - return to your home country and apply as a spouse.

Article 8 provides a right to a family life, however, it only works in circumstances where you would be prevented from following the normal immigration procedures (e.g. your home country is too dangerous). It does not provide that you should have a right to a family life in the UK if your family life could be conducted elsewhere and UKBA often use this as a reason to turn down A8 applications.

Applications under this heading take a very very long time.

And no - your friend cannot switch - she should return home and apply for a student visa from there - but then it's probably more sensible to apply for a spouse visa.

M.

[Casa]

You can't switch from visitor to any other category.
I suggest you return to your home country and apply for a spouse visa.
At present you're here illegally and at risk of being removed by the Home Office. Applying from the UK to stay under discretionary leave will take years with no guarantee of success.

[teabag]

if I recieved a removal decision when I am in overstay, can I appeal?

when I apply to the discreationery application, will my stay be legal during the study of the case?

how can I apply for this?

[teabag]

any help?

[MPH80]

Why do you want to do this the hard way? It is much much easier to return home for a relatively short period of time and apply from there.

Answers:

if I recieved a removal decision when I am in overstay, can I appeal?

Normally yes - but you're here illegally and will have a heck of a time overturning it.

when I apply to the discreationery application, will my stay be legal during the study of the case?

Not as far as I know - I think you are only legally here if you apply before any leave to remain runs out - but yours already has.

how can I apply for this?

You should seek out qualified immigration advisors to assist. It's a difficult application and is only harder if you don't understand it fully.

M.

[Mr Rusty]

Why do you want to do this the hard way? It is much much easier to return home for a relatively short period of time and apply from there.

Answers:

if I recieved a removal decision when I am in overstay, can I appeal?

Normally yes - but you're here illegally and will have a heck of a time overturning it.


M.

In fact, the grounds for appeal before removal against a notice 151a served on an overstayer are extremely limited, and of no practical assistance to anyone who has no grounds for a human rights or asylum claim.

Returning home and applying from there is the only realistic course, and a lot cheaper than several years of lawyers' bills with no guarantee of success at the end of it. And the longer you hang about in the UK, when you do apply for a spouse visa, the more likely an Entry Clearance Officer will try and invoke Para 320(11) of the Immigration Rules, that you have contrived to "frustrate the intentions of the Rules."

Get back there quick.