Overstay now with British Spouse - Need Leave to Remain

[Abdullah16]

Hi All,

Below is a short summary of my huband's Case history.

He came to UK on 2011 Jan in Student VISA. He had an initial visa of 11 months and then extended for another 7 months till 2012 August. He has overstayed since then. He had applied for extending student visa after that, but it got refused by HO.

He was working since he had overstayed in his NI number in his name.

We met on 2013 November and did Islamic marriage in 2014 July and living together since. We had 2 children after Islamic marriage aged 1 and 2 years now. We have the birth certificate of both the kids with my spouse as father. Unfortunately both the kids have been taken into social care and we don`t have them now. We married through Registrar in 2016 July to make our marriage legal in this country and we have the marriage certificate.

I have been suffering with agoraphobia, anxiety and have panic attacks very often since 16 years. Currently I am in PIP , in benefits, and my spouse has not got any benefits till now. He is going to immigration signing every 2 weeks.

Can I please know what is the way forward for him to get legal status and we live here together. Any help is much appreciated.

[Abdullah16]

Hi,

Can anyone please shed some light on this. I am very much confused on how could we proceed.

Thanks

[Obie]

Why can't you husband apply to the court to have custody of the children.

That will be a start to him resolving his status.

[Abdullah16]

We have gone to court for both the childs for nearly 2 years and because of my medical condition, the judgement was against us and they have decided to give both the children to someone else.

That's another sad part we had faced.

[Abdullah16]

We also dont have so much money to go to Solicitor to get our case validated. Is there anything which we could do on do get FLR.

[Obie]

He is an overstayer, it seems pretty tough. It will help if he plays a role in the life of the kids somehow, otherwise it seems a bit tough.