Flr(M) Invalid And Now Husband Is Overstayer

[Libyan]

Hi All,

I hope someone can help.

My husband is a Libyan citizen (I'm British) and he was granted entry clearance to come to the UK in November 2010 so we could get married. We married in January 2011 and then finances were tight so we didn't apply for the Further Leave to Remain until April. We sent everything off, received an acknowledgement letter and then 2 weeks later our documents were returned invalid. The reasons were:

(1) Pictures did not conform to regulations (my fault as I thought since my husband used those photos to get his UK fiance visa they'd be ok for the FLR - unfortunately not), and
(2) We did not submit enough correspondence (covering 2 years). (When I spoke to the contact centre at UKBA they stated that I shouldn't have been asked for this because we're married?!?)

Now my husband's visa has expired and we're worried that he may be refused when we resubmit the application correctly. Under normal circumstances - if there were not the ongoing problems in Libya - he would have returned to Libya to submit the application there. We still have his e-ticket which was a return so he hasn't intentionally overstayed - we had the intention and means for him to leave if necessary. Since February we've just been watching and waiting hoping the problems in Libya will end so he could go back for a few weeks to apply. This is my husband's second time to the UK and he stayed well within his visitor visa time limit the last time so no adverse history there.

We're not sure what to do now:

1. I don't have 2 years worth of correspondence because I lived abroad for a few years until January 2010. Should I explain that? They can see my visa stamps for the time I was in Libya and we used that to support my husband's fiance visa application.
2. Do we resubmit FLR(M) or should we use FLR(O)?
3. Can we submit FLR(O) in person? We don't want to drag this out and we'll scrape together the money to pay the extra if it will be acceptable.
4. What are the chances they will be understanding regarding the situation in Libya and grant him 2 years stay? My husband doesn't want asylum here and he doesn't want to be a citizen we just need the 2 years visa for him so I can finish studying and then we plan to leave the UK anyway. I'd explained that in my original application and included my study plan (up to 2013) and other bits from Uni.
5. Are there any caselaws or human rights I can mention in the application? Right to education (for me)? Right not to be separated from my family (husband)?

I hope that's enough information for someone to give me some advice/guidance, but let me know if not. I know you can't predict or guarantee what the Home Office will decide but me and my husband would really appreciate any help.

Thanks,

M

[Greenie]

had your husband's visa expired when they sent back the application as invalid? If not why didn't you resubmit the application then?

I would say submit on form FLR(M), they could use their discretion and grant him the spouse visa anyway, and if not could consider the case outside the rules and give him DL.

Send them a copy of this page from the UKBA website:

http://www.ukba.homeoffice.gov.uk/sitec ... sa-holders

[Libyan]

Hi Greenie,

Thanks for your reply. We received the application back last week (Saturday) and I've been trying to research and get information about where we stand. Each time I call UKBA I get different information.

Anyway, they haven't refunded our money yet but I'm just going to go ahead and resubmit as suggested using FLR(M). I will mention all of the issues in the posted documentation.

Thanks again,

M

[Greenie]

how long after you submitted the application did they return as invalid.

when did your husband's visa expire?