Overstayer applying for indefinete leave in UK

[parveen123]

I have been with my partner for over 2 years now and we have been living together for around a year. He has an ex partner and two kids in India that he is now seperated from.

He has been in the country now for 10years, he came on a 30day visa and overstayed. We applied for a case together through a lawyer about a year ago which was refused and we appealed it which was again refused. Our lawyer has since submitted a new case , FLRO, which we have been charged a fee for and have been asked to submit his biometric details (both of which were not done on first application).

He has previously been refused due to a bad immigration history, overstaying his visa and also working whilst he was not supposed to. I understand the need for border agency control however do not want to have to re-locate to India permenantly if he is refused a visa as all my family are here.

I am very worried about having to do so and want to make this case appear as best as we can, what are our best chances of getting a visa? Is it any different if we get married, our lawyer told us as we have been together over 2 years now it will make no difference?

Thanks.

[reabs]

Its difficult to say what exactly your chances are without knowing all the ins and outs of your case (which would probably be quite lengthy). What type of clearance did you apply for previously (the one that was refused)? Is a different angle being explored now or are the mitigating circumstances the same as the first time round?

I hate to say this but it would probably have been easier had he left voluntarily without public expense, married you in India with lots of pomp and ceremony and then applied for a spouse visa rather than try to make any application within the UK. That opportunity has flown the nest and we shan't dwell on it. Your lawyer is probably right... yes getting married at this stage would help, but not enough to sway the pending application. Crucially, you would not be able to marry in the UK.

If the current application is not successful, I believe you will have to endure some pain...love will pull you through though. If available channels are exhausted, he should not hang about waiting for UKBA enforcement to get a hold of his file, but leave at his own expense. Get married in India and be with him any opportunity you get. Basically, prove to HO that your relationship is real and that what they are doing would be creeping up towards a definition of cruel and unusual punishment, which you could then take to ECHR. In short, what I'm saying is that you may not get it now, but you will eventually - negating the need to live in India permanently.

[parveen123]

The first case was on relationship , this case includes human rights , his sister was murdered in india and his family attacked so we believe it is dangerous for us to go there.
He is not claiming any public expense, I pay for both of us and our small flat that we live in.
It is still possible for him to leave voluntarily however we do not want him to do this as it means spending a long time apart and we felt it would be harder to get the visa if he was outside of uk.
I know we will eventually get it which is why it's so annoying that I am spending so much time effort money and worrying on this , can they not see it is better for both them and us to just grant it rather than take all this time.
I have considered going to our local mp, I am Scottish white and although my family would like me to go to india on holiday they would hate for me to live there especially with india being in the news so much now for crime , particularly against women.
We have both put so much effort and stress into this we just want it finished with so we can actually live our lives rather than wait for a visa, he has not seen his mum for 10years.

Thanks for your reply its been very helpful

[reabs]

The first case was on relationship , this case includes human rights , his sister was murdered in india and his family attacked so we believe it is dangerous for us to go there.

This changes things quite a lot. I'm sure you must have included whatever evidence of this was available to you for consideration by UKBA. Yes by all means, approach your MP if you can. You've got nothing to lose and everything to gain. If you have the said evidence to take with you, I'm sure the MP will see that he has a genuine case there and it would be unjust for UKBA to deny the application and for him/her to turn a blind eye. The overstaying is mitigated by the violence brought upon his family - he was simply in fear of the likely consequences of returning.

I do hope this gets through but fight it to the last.

[parveen123]

We will, thanks very much for your advice !