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Unfortunate CAse

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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ahussa
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Posts: 78
Joined: Tue Dec 18, 2012 11:02 pm
Location: Glasgow
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Unfortunate CAse

Post by ahussa » Thu Feb 14, 2013 12:40 pm

hey guyz,

got a complex case for friend.

national of peru married to settled spouse. arrived in Uk 10/02/2011 with two kids. granted Entry clearance as spouse. problem is she arrived on day her visa had expired. never came before to uk because of financial problems.

what option is available to her? SET(M) but then there is prblem opf having overstayed for more than 28 days

husband does not earn £18,600. Wife has not passed life in the UK test.

please advise?
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MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Thu Feb 14, 2013 12:47 pm

Are the kids fathered by the uk citizen? What ages are they?

Am I right in reading that she's essentially overstayed two years without doing anything to correct the situation?

M.
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ahussa
Junior Member
Posts: 78
Joined: Tue Dec 18, 2012 11:02 pm
Location: Glasgow
Contact:
Contact ahussa

Post by ahussa » Thu Feb 14, 2013 1:19 pm

yes that is correct. overstayed for two years.

husband has ILR in the UK only. the kids have only been here for around two years or so.

the question is that for set(m) it says if you have overstayed for 28 days unless patagraph ex.1 applies.

Would it apply in her case?
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