overstayer applying for spouse visa

[hazro]

i came to this country in 2003 for studies and my visa got refused in november 2009 but i never went back to my home counry .last month i did islamic marriage (wedding ceremony took place in a hall and about 100 people were invited)with a british citizen but we yet have to register our wedding.my wife has only started working last month she was in university before that.

before getting married we tried to register our marriage and we send our passports for CAO but they kept hold of my passport and they want to interview me next month ...

would be grateful for your help

[Lucapooka]

An overstayer is not permitted to switch into leave to remain from inside the UK. You will have to apply for entry clearance (a spouse visa) from outside the UK. The overstay may or may not have a bearing on this as it depends on other contributory factors that aggravate the original breach of the rules.

Additionally, although this is not my strong suit, I'm sure your type of marriage is not officially recognised by the UK unless it was supervised by the registrar at the actual ceremony, or performed in a registered mosque. There are only a handful of mosques that are registered to perform weddings and if you did not marry in one of those or have the superintendent registrar attend your wedding then it will not be a UK legal marriage and, furthermore, I don't think you can register this retroactively. So, I suggest that you will have to have civil ceremony if you want to make an application within the immigration rules that is based on marriage to a British citizen. Wait for further comment on this from those who may be more informed

[hazro]

thanks for you ur help..im going to get my marrige register with registry office.all it is i ant actuly afford to go back so im trying to get my spause visa from here

[Lucapooka]

If, after the new civil marriage, you don't leave and apply for entry clearance you will have a long and perhaps uncertain struggle to be granted discretionary leave from inside the UK. Have you passed a suitable English exam that is approved for settlement applications?

[vinny]

May be difficult (Kotecha & Anor, R and MH).

[JulieM71]

Hi Hazro

Thank you for the PM. Thought better to post my reply in the forum.

You said you're in almost the same situation, but my fiance made an application from his own country and I thought I read that you are in the Uk without clearance at the moment which I think means you can only apply for discretionary leave?

Incidentally, he tried this previously (pre-dates our relationship, different set of circumstances to the one he is in now) but was returned home. I understand it is very difficult to win this type of application......

Re the letter I wrote, it is too long and too personal to copy here. You have to be honest and describe the journey of your relationship, apologise if you have done something against the immigration rules and outline why you should be allowed to remain here. However, I think you may have to go home and apply from there unless there are some very compelling reasons (not being able to afford to go home isn't compelling I wouldn't think). I am not an expert, this is all that I have picked up from our application and the hours spent reading excellent forums like this so one of the moderators may well contradict me.

Good luck.

J

[mollydog]

i think you could only apply for descretional leave under FLR(O) cos as an over stayer you cant apply for a spouse visa while you are here in the UK.well thats just my thinking

[hazro]

thanks everyone for your kind consideration i appreciate that...been a great help