Are we being treated unfairly by Croydon Home Office??

[StaceyEgbo1986]

Hi Everyone,

My husband and I submitted our application on Monday using the premium service. This was for settlement (SET M).

My husband overstayed 4 years ago - got caught 3 years ago, paid for himself to go home and this was during the amnesty - we married and he came back 2 years ago on a spouse visa.

We went on Monday and submitted all the documents they needed and they told us we could not get an answer same day as it needed to be reviewed by a case worker due to the fact my husband overstayed.

My first argument is no where does it say that you should not apply for premium service if you were previously an overstayer and my other argument is that surely by allowing him to come back on a spouse visa for the last 2 years, it is surely outrageous that they would hold it against him now.

If they had that much of an issue with him overstaying they should have not let him come back in 2009 and it is also unfair that they told anyone who was an overstayer to go home in the amnesty and it would not be held against them to now hold it against them.

We have been told we could now have to wait up to 3 months for an answer.

Has anyone had any similar experiences and should I start to look for a legal representative in the case that it may be refused?

Any help or experience is greatly appreciated.

[Sushil-ACCA]

relax

u will be ok , only cake cases they decide on spot but little verification it goes to sheffield , so dont worry , no need to be negative , when he can come here after all issues mean his file is ok , but it need to be checked again for final confirmation.

hope 6-12 weeks all will be sorted out in yr favour only loss of extra fees and killing waiting time

see mean time visa is not run out , if this situation comes please apply for extn

before visa run outs otherwise HO may give negative results and again overstayer

all the best

keep positng

[jami]

Neither he apply for extension while his passport is with UKBA for ILR nor he would be over stayer in case of refusal after the expiry of visa.

Anyways I am hopeful that he would get ILR

[Greenie]

relax

u will be ok , only cake cases they decide on spot but little verification it goes to sheffield , so dont worry , no need to be negative , when he can come here after all issues mean his file is ok , but it need to be checked again for final confirmation.

hope 6-12 weeks all will be sorted out in yr favour only loss of extra fees and killing waiting time

see mean time visa is not run out , if this situation comes please apply for extn

before visa run outs otherwise HO may give negative results and again overstayer

all the best

keep positng

Your post is incorrect and misleading.

He has already made an application which is under consideration. If his visa expires before a decision is made his leave will be treated as continuing under section 3C of the Immigration Act 1971.

[fora]

Greenie's answer is correct

[Greenie]

Hi Everyone,

My husband and I submitted our application on Monday using the premium service. This was for settlement (SET M).

My husband overstayed 4 years ago - got caught 3 years ago, paid for himself to go home and this was during the amnesty - we married and he came back 2 years ago on a spouse visa.

We went on Monday and submitted all the documents they needed and they told us we could not get an answer same day as it needed to be reviewed by a case worker due to the fact my husband overstayed.

My first argument is no where does it say that you should not apply for premium service if you were previously an overstayer and my other argument is that surely by allowing him to come back on a spouse visa for the last 2 years, it is surely outrageous that they would hold it against him now.

If they had that much of an issue with him overstaying they should have not let him come back in 2009 and it is also unfair that they told anyone who was an overstayer to go home in the amnesty and it would not be held against them to now hold it against them.

We have been told we could now have to wait up to 3 months for an answer.

Has anyone had any similar experiences and should I start to look for a legal representative in the case that it may be refused?

Any help or experience is greatly appreciated.

as long as you meet the rules, your case won't be refused due to your husband's previous overstay given that he was issued with the spouse visa in the first place but given his previous overstay, his case is not straightforward and therefore they could not make a decision on the day.

If you read here it does clearly state that applications should not be made in person if the applicant has a poor immigration history.

You'll just need to wait for your decision.

[hsmp_victory]

Hi Stacey,
"My first argument is no where does it say that you should not apply for premium service if you were previously an overstayer and my other argument is that surely by allowing him to come back on a spouse visa for the last 2 years, it is surely outrageous that they would hold it against him now. "

Please read below

http://www.ukba.homeoffice.gov.uk/conta ... ginperson/

"If your application is straightforward, you will normally receive a decision on the same day as your appointment. If we cannot make a decision on that day (because your application requires further enquiries, or we are having technical problems), we will decide your application on the next working day or as soon as possible afterwards. We cannot guarantee a decision within 24 hours, but the vast majority of applications are decided within this time. If there is likely to be any delay in deciding your application, we will tell you when you attend your appointment."

So, since your case was not straight forward, they couldn't grant you the visa on the same day as they have said above. Only the cases that have absolutely no problems e.g. overstay, breaking law etc. are issued visas on the same day. The have to carry out checks to know what was the reason(s) for the overstay.