Overstay now with British Spouse - Need Leave to Remain

[Bradas]

Hi All
I really need your help cz l want to put an application urgently cz am tired of suffering.
I came here on student visa from kenya.Before it ran out l got married to British citizen n applied for spouse visa but solicitor as said my husband can't meet financial requirement in 2015 so we applied using flro form n before decision was made another solicitor varied the form go flrfp n the application was refused in 2016 cz no indomitable obstacles for use living in kenya.
Applied JR it failed at permission stage cz no obstacles to migrate to kenya with my British born husband that was in June 2016.
Since then my husband isn't that much supportive cz am not working.Before I was a career but general am a nurse from kenya so if l could hv finished my registration l can work here as a nurse.
Av overstayed for 2 yrs n l gave birth in July 2017 to British child a boy whose 10weeks old.My husband is really mistreating me n thus time round things become worse l moved out and am living with his parents.l really want to end this nightmare.His patents are ready to help m put an application with a certain solicitor l just need advice to know if l can win my case without appealing cz am really suffering with no status n l don't want to go back to kenya what chances do l hv.To my husband am useless now cz am not working n he threatens m saying he will ring immigration n tell them am an illegal migrant.
I really want to end this once n for all.Pleae l really need advice.
Do l hv a strong case or immigration will say child is young can go to kenya am not living with my husband n he isnt supporting us.My husband's parents are supporting m n l leave with them.
Please advice m cz l wanted to put application end of this week.
I hv applied for the child British passport 2 days ago also.
Please any advice will b appreciated

[Casa]

I have split your post into a separate topic from the member's thread you had tagged your question onto.

[Bradas]

Okay,thanks.

[vinny]

You are probably eligible as a parent with Ex.1 and British child.

[Bradas]

Thanks Vinny
This is the best news l have heard for the last weeks. My life was just going from bad to worst mostly when l hear my husband's friends saying that my husband has said he will ring immigration n tell them to deport me.l have been so stressed until the breast milk disappeared.One day when all this night mare is ended l will look back n thank God.
Today l got a message from the passport office saying l will get the child passport within a few working days.I was abit anxious given that am the one who applied for it cz l knew my husband will refuse to apply for it good thing l had a birth certificate.
Then the only auntie that l hv in UK is really not helping m she says my child can b taken away from me cz am living with my parents in law n again the child is only turning 3 months so his too young n l will b told maybe to go home with him.She really wants m to go to Kenya and am not ready to that so atlest this is the good news l have received so far.
I have few questions Vinny.
1.My solicitor was going to put an application for me by end of next week cz am afraid of being arrested cz my husband says he will call police for me.U know his really mistreated m badly until I felt l had enough n left to stay with his parents who are paying for my application n everything.Should l wait for the passport or should l just apply using the birth certificate.
2.How long will the application take cz l really want my life n pride back after 2 years of suffering in marriage.
3.Will l be told to be going to sign in at immigration once l put my application.
4.Can l be arrested as my husband says.
The only good thing is that l have supportive parents in law but l wish l don't hv to appeal my case cz p don't want to cost them much they hv done enough for m n my boy already.

[Bradas]

Hi Vinny
1.My child British passport has just arrived now,
Will it help my case when applying for the visa.
2.Do u know which other documents l need to include when doing my application given that am living with my parents in law.

[Bradas]

Hi Everyone
Please if anyone can advice me l will be grateful
My husband says he will ensure l don't get a visa.l just want to know if the child is 3months and am leaving with the child's grandparents cz l was chased of our matrimonial home the fact that l can't support myself n the child for now cz am not working will that affect my application given that am financially depending on the child's grandparents.

[Wanderer]

Are you saying the father has nothing to do with the child and has no interest in it?

[Bradas]

The father has interest in the child though his not providing anything for the child cz he feels the child grand parents are the ones to do it.He just wants to see the child that's all.He doesn't know it takes alot to be a father but l don't want to argue if he doesn't want to support his child it's okay.
His just interested in seeing the child n going out with the child but me he isn't interested in me cz am not working.
He says his tired of providing for me.

[Bradas]

He used to care about me only when l was working but now that l can't work he says l might as well go to Africa and leave the child with him.He really annoys me but that's what it is when someone isn't working and is depending on people.

[AJwife]

Hello,

Please apply for FLR FP as advised by the above administrator. When doing so as you are living with your in laws ask them to write a letter to support your application to state you are living with them and they are helping you with your essentials.


They might need to submit bank statements as well.
Send your baby's passport with the application, birth certificate, your birth certificate etc also add a cover letter to state your current circumstances such as you are separated.


If in doubt get legal advise but be careful before parting with your money. Find a reputable solicitor.

[Bradas]

Thanks Vinny,Casa,AJwife
Hi AJwife
This are what my solicitor attached in the application as my documents are they enough or he missed something.
He applied on Wednesday and HO took the £993 on Friday.
I didn't write a letter myself only my parents in law did that to confirm of marriage breakdown and the solicitor wrote in his cover letter that we aren't living together cz l was kicked out of our matrimonial house by my violent ex husband.Is that okay or was l supposed to write my own too??
AJwife,I
a.lf am an overstayer for 2 years will it not work to my disadvantage ?
b.do you know how long the case might take?
Please find enclosed the following supporting documents:
1. Applicant’s complete form FLR (FP).
2. Certified copy Applicant’s separated husband’s British passport.
3. British child’s full birth certificate.
4. Applicant’s son’s British Cetificate.
5. Applicant’s birth certificate.
6. Marriage certificate for Applicant and her partner.
7. 2x passport sized photos of the Applicant.
8. 2x passport sized photos of the Applicant’s ex-husband.
9. Applicant’s Degree and Transcript Certificate in Nursing from the university of
Sunderland.
10. Letters of Support from the Applicants parent-in-law.
11. 8x Photographs of the couple prior to the relationship breakdown.
12. 28x Photographs of the Applicant and her son.
13. Letter from HMRC confirming Applicants employment history dated 1st July
2016.
14. Savings account for Applicants son.
15. Applicants P60 for 2015.
16. Bank statements for Applicants in-laws for July 2017 and August 2017.
17. Pension payment advice slips for Applicants father-in-law for November 2015
dated 11th November 2015.
18. Tax slip for Applicants father-in-law for August 2017 dated 31st August 2017.
19. Council tax for Applicant and her ex-husband 2015-2016 dated 3rd November
2015.
20. Copy of Applicants passport and visa.
21. GP registration for Applicants son dated 19th July 2017 and 2nd August 2017.
22. Car insurance renewal for Applicant’s father-in-law dated 28th June 2017.
23. Two Letter showing Applicants current address 11th September 2017.
24. Letter from health visitor confirming the Applicant and her son dated 1st
September 2017.
25. Letter from a doctor confirming Applicant and her son are registered living with
her parents-in-laws dated 11th September 2017.
26. Vaccination results for Applicants son 5th July 2017.
27. Letter from postnatal liaison officer dated 5th July 2017.
28. Letter from consultant detailing the birth of the Applicant’s son dated 5th July 2017.
29. GP letter showing registration of applicant son.
Please confirm safe receipt of the above documentation.

[Bradas]

AJwife
I forgot to mention that the child passport was also sent and the letters from Gp and health visitor both mentioned am living with the child grand parents and am the main carer of the child cz the grandparents are all 69years old.

by Wanderer » Fri Sep 22, 2017 12:00 pm
Are you saying the father has nothing to do with the child and has no interest in it?
@Wanderer,lf he isn't supporting financially is it bad cz the solicitor wrote in his cover letter the dad hasn't seen the child but has expressed interest so av allowed him under supervision .He can be aggressive to me so l rather keep my distance.l know one day if God permit me n l get my visa he will respect m but it might be to late after all l have been through.

[Casa]

Do you have evidence of reporting the domestic violence? This can be emotional abuse, not only physical. If you have a police or medical report, why hasn't your legal advisor suggested submitting a SET(DV) application

https://www.gov.uk/government/publicati ... form-setdv

[Bradas]

Hi Casa
I don't have any evidence before l used to record him in my phone cz my aunt told m to do so but my phone crushed then again l thought trying to report him to police while am an overstayer won't be good for me.My mother in law wanted me to report him but l refused so she told me to go leave with them n try sort my visa.my parents in law say they know there child very well he can b very bad.
My solicitor said cz l hv never reported my husband to police it will b hard to prove domestic violence so that's why he didn't apply that route.
Casa,l just wish this nightmare end cz av suffered for 2 years.
Do you know how long an flrfp application can take?and me being overstayer won't it work to my disadvantage

[AJwife]

Hiya,

You've submitted plenty, thankfully you also have very supportive in laws. That alone is a blessing, all you can do is wait now you've done what you need to and they will ask if they need more evidence.

Best wishes

[Bradas]

Hello Ajwife
Thanks for your reply.

Yes am greatful l have good in law's otherwise l don't know what l would have done.
But my worry is the overstayer bit,can it affect the application?

[Bradas]

Hi Everyone
Today l received my acknowledgement letter.Just curious how long will it take to get biometrics letter.l didmy application on 20/September/2017.
Anyone with any experience with this l will really appreciate?
Thanks

[Bradas]

Hi
Please does anyone has any experience regarding how long it takes for the visa application after someone does biometrics.
I got letter to go do biometrics today dated 12/10/17 and l applied on 20/9/17.
Am just stressed and that's why am asking this question.
I really hope and pray they grant me the visa so that atlest this nightmare can come to any end.
Please if l get a response l will really appreciate :cry

[New on forum]

Hi
Please does anyone has any experience regarding how long it takes for the visa application after someone does biometrics.
I got letter to go do biometrics today dated 12/10/17 and l applied on 20/9/17.
Am just stressed and that's why am asking this question.
I really hope and pray they grant me the visa so that atlest this nightmare can come to any end.
Please if l get a response l will really appreciate :cry

Assuming it's flr fp.
It can anything like 6 to 10 month based on current trend but you can be lucky

[Bradas]

Thanks New on Forum
Given that l once got a refusal when l applied for spouse visa can that refusal affect my application as a parent

[Casa]

They are assessed as completely separate applications with different conditions which need to be met.

[Bradas]

Thanks Casa
I do appreciate your response.
By saying different conditions to be met.Just wanted to ask you.My parents in law wrote a letter in support of my application confirming relationship breakdown and am living with them.My ex husband didn't write any letter to confirm it and am sure he will not write anything that he thinks will help in my application.Can that affect my application given that you mentioned certain criteria to be met.
The health visitor and My Go and my son To wrote a letter to say that am living with my parents in law n am the main carer.
Can that help me if l don't have my ex husband letter. If l had money l would hv processed my divorce so that l use it as evidence butl don't have cz l haven't worked for 2 years.

[Bradas]

Hi Casa
I meant health visitor and My GP and sons GP wrote letters to confirm am living with my parents in law n am the main carer to my son.
I have seen a typing error above.

[Casa]

I can't see that there's a requirement for your husband to confirm your address if you have the other evidence you've mentioned.

The basic criteria for a FLR(FP) Parent route application is that you are separated from your spouse and that you either have sole or joint custody of your child.

https://www.gov.uk/government/publicati ... form-flrfp