Any information on overstayers. Please help

[Sheridan]

Hi I'm just writing this to see if there is anyone who can help me.

My husband came to the UK legally when he was nine (just before his tenth birthday) with his older brother. I'm guessing this was like a holiday. His mother had already been in the UK for seven year prior to their visit and she came on a six month visa.

After my husband and is brother came here they just stayed here and went to school and done everything a normal child would. His Mother never done anything to legalise any of their stay and from what I gather he is classed as an overstayer.
Growing up he never had any idea of this and it was only in his adult life and while applying for work he found this out.

Me and my husband met when we was 14 at school and got together when we was 15. We have been together ever since and we are now currently 25, married and have two young children.

His mother had always made out to my husband he must keep a very low profile (when he did eventually question her about the situation) and said she would sort it. Long story short he fell out with his mum and lost contact with her because of the situation. My husband; although he would like to has never worked, can not drive and has no resources to public funds.

When we was finally able to save the funds needed we made the steps to go to a solicitor and talk to them about the situation. At this point I was heavily pregnant with our first son. She knew we was in a genuine relationship and suggested we got married (we have always wanted to be never knew we was allowed to) so therefore we got married, had our first born and went back to send off for our application! I believe she has sent off for Infefine leave to remain under two routes - family life and the fact he has been here for over half of his life! When we applied my husband had not yet turned 25 (luckily) so we was told that him being here for over ten years could help his application.

The dates of applications and other information are as follows:

18.05.2016 - Applied for marriage
25.05.2016 - Marriage interview

21.07.2016 - Immigration came to property to investigate genuine relationship

01.09.2016 - Got Married
08.09.2016 - Application sent (payment issue but unaware at the time)

03.10.2016 - Received letter from HO to inform us they have receive the application

15.12.2016 - biometrics letter received
15.12.2016 - New payment taken and accepted
17.12.2016 - Biometrics completed and sent to HO same day

10.06.2017 - Rang HO for update on application and told "we can not provide you with any information"

Now I'm confused because although the lady on the phone was absolutely no help she did state that there is no timeframe that the HO have to get back to us with a decision because he is an overstayer. Is this even legal and why is it like this? Is there anything else we can do? When we sent our application we also sent 10 years worth of photos. Both mine and my sons British passports letters from friends and family, bills, proof of address and work (for myself) a letter from our local MP and everything else asked from us. Also can we not use the premium service which states you can get a decision within one week? I'm confused as some people in a similar situation have stated they have used this service but we was told it was for people that already a visa and they were just reapplying.

If anyone can help at all or give us any information this would be greatly appreciated or even if you are in a similar situation it would be good to hear from you!

[zimba]

Are you British ??
What application did you apply for ??

[Sheridan]

Are you British ??
What application did you apply for ??

Hi Zimba88

I am a British Citizen (born here) so are both of our children. My husband is a Jamaican citizen

[Sheridan]

Are you British ??
What application did you apply for ??

Hi Zimba88

I am a British Citizen (born here) so are both of our children. My husband is a Jamaican citizen. Sorry I'm new to this site and forgot to state what we applied for.

I believe she applied for Indefinte Leave To Remain but she said we would have to apply for this four times as they only last 2.5 years each and we can only get a permaent stay after ten years of applications.
She used the ten year route and the family and private life one. She wanted to go under two different ones incase the HO denied one.

[CR001]

I believe she applied for Indefinte Leave To Remain but she said we would have to apply for this four times as they only last 2.5 years each and we can only get a permaent stay after ten years of applications.

This is NOT an indefinite leave to remain visa but an FLR(FP) 10 year partner route, 4 x 2.5 year visas and shortly before 10 years, he can apply for Indefinite leave to remain.

[Sheridan]

I believe she applied for Indefinte Leave To Remain but she said we would have to apply for this four times as they only last 2.5 years each and we can only get a permaent stay after ten years of applications.

This is NOT an indefinite leave to remain visa but an FLR(FP) 10 year partner route, 4 x 2.5 year visas and shortly before 10 years, he can apply for Indefinite leave to remain.

Oh right okay thank you. It's all a bit confusing to be honest. Do you know anything regarding time frames for overstayers? And anything we could do to get a quicker reply? Are we able to use the premium service?

Thank you for your reply

[Wanderer]

Are you British ??
What application did you apply for ??

Hi Zimba88

I am a British Citizen (born here) so are both of our children. My husband is a Jamaican citizen. Sorry I'm new to this site and forgot to state what we applied for.

I believe she applied for Indefinte Leave To Remain but she said we would have to apply for this four times as they only last 2.5 years each and we can only get a permaent stay after ten years of applications.
She used the ten year route and the family and private life one. She wanted to go under two different ones incase the HO denied one.

You can't be under two visas at once, the later one will override the older....

[CR001]

Oh right okay thank you. It's all a bit confusing to be honest. Do you know anything regarding time frames for overstayers? And anything we could do to get a quicker reply? Are we able to use the premium service?

Thank you for your reply

You should not use the premium service for complex cases. His case is complex due to being an overstayer.

As Wanderer has said, he should only apply for one visa, FLR(FP) 10 year parent route would be the most logical and can take many months to get a decision.

[Sheridan]

Are you British ??
What application did you apply for ??

Hi Zimba88

I am a British Citizen (born here) so are both of our children. My husband is a Jamaican citizen. Sorry I'm new to this site and forgot to state what we applied for.

I believe she applied for Indefinte Leave To Remain but she said we would have to apply for this four times as they only last 2.5 years each and we can only get a permaent stay after ten years of applications.
She used the ten year route and the family and private life one. She wanted to go under two different ones incase the HO denied one.

You can't be under two visas at once, the later one will override the older....

Oh right okay. I didn't know this so this is new to me. Maybe she stated in the application that he has been here for a long time but applied for the family and private lift visa.
Do you know if it is true that the HO does not need to get back to us by a certain date due to him being an overstayer??

Thank you for replying

[CR001]

HO will take as long as they need to, often many months, some members have waited more than a year.

The simplest would have been for him to return to his home country and apply in the proper way for a spouse visa.

[Sheridan]

HO will take as long as they need to, often many months, some members have waited more than a year.

The simplest would have been for him to return to his home country and apply in the proper way for a spouse visa.

Thanks for your reply. Hard to go back as his Mother brought him here at the age of nine and he no longer has any contact with his family due to the situation they have left him in. We have already applied so now I guess we just have to wai