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overstayer - what could go wrong???

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mrsheveran
Newly Registered
Posts: 17
Joined: Sat Jun 16, 2012 6:23 pm
Location: Fancy House In London Town

overstayer - what could go wrong???

Post by mrsheveran » Sat Jun 15, 2013 3:57 pm

hello
I have posted here before regarding my flr(m) last year.
I will briefly write my story here:

I am from Pakistan. I was a student here, got married under the Islamic law in Sep 2009. I had the visa till march 2009 tried to extend it but they refused it in Oct 2009.

Tried to get COA (certificate of approval) after that and which they granted in Nov 2010. Gave the notice to the registrar and register the marriage in Sep 2011. Did my A1 English language tests and then finally applied for flr(m) in April 2012 which they refused in Jan 2013 because they judged my application under the new rules which came in July 2012 (which is an error I think as I applied in April 2012) and the fact that I was an over stayer, also gave me no right of appeal. bear in mind I have all my family here in the UK(mum, dad, bro and sis, haven't got any kids yet).

my solicitor tried to get the permission of appeal from 1st tier and upper tribunal which both have been refused last month.

Now, the only option left for me to go back and apply from Pakistan but I am so scared to go back on my own as I have lived here for almost 9 years and got no one there to support me.

my question here is, with my poor immigration history, how likely am I to get the entry clearance.

I would like to mention here that if I go back I MEET all the requirements of the spouse visa I e:my husband meets all the financial requirements, we have a subsisting marriage(proof of living together for the last 4 yrs.) and English language requirement (which will be expired in Jan 2014)

I am still very upset and scared to have to go back and wait for an unspecified amount of time for the entry clearance which is not 100% guaranteed. :(

if anyone here is in my situation please share your experience or if anyone has experienced this please let me know.

one more headache is that I have received a letter from capita telling me to basically leave and I believe I will have to leave the country voluntarily for me to have a good reputation in front of the immigration officer.
Last edited by mrsheveran on Sun Jun 16, 2013 12:55 am, edited 1 time in total.

ajmal
Member
Posts: 135
Joined: Tue Sep 29, 2009 11:40 pm

Re: overstayer - what could go wrong???

Post by ajmal » Sat Jun 15, 2013 6:07 pm

mrsheveran wrote:hello
I have posted here before regarding my flr(m) last year.
I will briefly write my story here:

I am from Pakistan. I was a student here, got married under the Islamic law in Sep 2009. I had the visa till march 2009 tried to extend it but they refused it in Oct 2009.

Tried to get COA (certificate of approval) after that and which they granted in Nov 2010. Gave the notice to the registrar and register the marriage in Sep 2011. Did my A1 English language tests and then finally applied for flr(m) in April 2012 which they refused in Jan 2013 because they judged my application under the new rules which came in July 2012 (which is an error I think as I applied in April 2012) and also I was an over stayer also gave me no right of appeal. bear in mind I have all my family here in the UK(mum, dad, bro and sis, haven't got any kids yet).

my solicitor tried to get the permission of appeal from 1st tier and upper tribunal which both have been refused last month.

Now, the only option left for me to go back and apply from Pakistan but I am so scared to go back on my own as I have lived here for almost 9 years and got no one there to support me.

my question here is, with my poor immigration history, how likely am I get the entry clearance.

I would like to mention here that if I go back I MEET all the requirements of the spouse visa I e:my husband meets all the financial requirements, we have a subsisting marriage(proof of living together for the last 4 yrs.) and English language requirement (which will be expired in Jan 2014)

I am still very upset and scared to have to go back and find a place to live on my own and wait for an unspecified amount of time for the entry clearance which is not 100% guaranteed. :(

if anyone here is in my situation please share your experience or if anyone has experienced this please let me know.

one more headache is that I have received a letter from capita telling me to basically leave and I believe I will have to leave the country voluntarily for me to have a good reputation in front of the immigration officer.

Did homeoffice issue removal notice to you? Go for judicial review in your case. You will find out procedure here in sticky topics

mrsheveran
Newly Registered
Posts: 17
Joined: Sat Jun 16, 2012 6:23 pm
Location: Fancy House In London Town

Re: overstayer - what could go wrong???

Post by mrsheveran » Sat Jun 15, 2013 8:00 pm

ajmal wrote:
mrsheveran wrote:hello
I have posted here before regarding my flr(m) last year.
I will briefly write my story here:

I am from Pakistan. I was a student here, got married under the Islamic law in Sep 2009. I had the visa till march 2009 tried to extend it but they refused it in Oct 2009.

Tried to get COA (certificate of approval) after that and which they granted in Nov 2010. Gave the notice to the registrar and register the marriage in Sep 2011. Did my A1 English language tests and then finally applied for flr(m) in April 2012 which they refused in Jan 2013 because they judged my application under the new rules which came in July 2012 (which is an error I think as I applied in April 2012) and also I was an over stayer also gave me no right of appeal. bear in mind I have all my family here in the UK(mum, dad, bro and sis, haven't got any kids yet).

my solicitor tried to get the permission of appeal from 1st tier and upper tribunal which both have been refused last month.

Now, the only option left for me to go back and apply from Pakistan but I am so scared to go back on my own as I have lived here for almost 9 years and got no one there to support me.

my question here is, with my poor immigration history, how likely am I get the entry clearance.

I would like to mention here that if I go back I MEET all the requirements of the spouse visa I e:my husband meets all the financial requirements, we have a subsisting marriage(proof of living together for the last 4 yrs.) and English language requirement (which will be expired in Jan 2014)

I am still very upset and scared to have to go back and find a place to live on my own and wait for an unspecified amount of time for the entry clearance which is not 100% guaranteed. :(

if anyone here is in my situation please share your experience or if anyone has experienced this please let me know.

one more headache is that I have received a letter from capita telling me to basically leave and I believe I will have to leave the country voluntarily for me to have a good reputation in front of the immigration officer.

Did homeoffice issue removal notice to you? Go for judicial review in your case. You will find out procedure here in sticky topics
No they haven't yet issued any removal notices. I have only received a letter from capta telling me to leave the country voluntarily which I cant do yet as I have to get all my things sorted as well as prepare paperwork for the application for the entry clearance and for that I will need some time.

I have been told by my previous solicitors the option for JR but they take time and cost a lot of money which I don't have anymore also the judge has given the decision for the 2 permissions of appeal as: 'I have to inform you that there is no jurisdiction under the procedure rules 2005 to enable the tribunal to reconsider that decision and the tribunal can take no further action.'

I don't want to spend £4000 for JR just for them to tell me the same thing u see, and now I feel like I shouldn't have made any applications in this country and have gone back home to apply from there that would have saved us a lot of time and money.

Anyway, I would appreciate all the advice I could get.

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