Overstayer with UK wife

[Uche]

I have been in UK for more than ten years and my student stay ran out 4 years ago. I got married with my 3 years partner (British Citizen) after Home office said they'll not be investigating my marriage and we've lived together for over 2 years. The registry approved my marriage and I got married in church.
Although my wife is a British Citizen, because I have overstayed, I applied using FLR(FP), (ten years route) after marriage and I haven't heard from HO after 6 month.
What can I do?
Is there any stated duration for this route?
Are there any chance on getting the stay as my wife is heavily pregnant.
Should I or My wife right them to explain our situation and worries.
Please advice.
Thanks in advance

[Casa]

A FLR(FP) application stands more chance of succeeding once your baby is born and you should notify the HO of the birth.

You will see from the FLR(FP) timeline thread that applications made under this category generally take a considerable length of time to decide.

I have moved your post to the correct sub-forum as it's not applicable to the EEA route.

[Uche]

A FLR(FP) application stands more chance of succeeding once your baby is born and you should notify the HO of the birth.

You will see from the FLR(FP) timeline thread that applications made under this category generally take a considerable length of time to decide.

I have moved your post to the correct sub-forum as it's not applicable to the EEA route.

Ok thanks so much

So we must not write them until the child is born?

The first application we made using (FP) was when we were not yet married and the HO responded within 3 month, refused and said we haven't married, lived together for upto 2 years and not have a baby. We were told that we supposed to meet at least one of those requirements.
Now that we met two already (live together more than 2 years and married) are we not entitled to have the stay?
Just thinking of getting a well paid job to sustain my wife and kid before she go on maternity leave. she is worried about losing her job as her maternity pay is not gurranteed because her contract ends before the baby is born in May
Please advice

[Casa]

Marriage doesn't guarantee the right to remain. The Case Worker assessing your application may well consider that you could return to your home country and apply for a Spouse Settlement visa from there.

However, a FLR(FP) Partner route in-country application may be stronger once your child is born.

[Uche]

Marriage doesn't guarantee the right to remain. The Case Worker assessing your application may well consider that you could return to your home country and apply for a Spouse Settlement visa from there.

However, a FLR(FP) Partner route in-country application may be stronger once your child is born.

Thank you.
If I go back and apply from my country, would this solve the problem quickly? will there be a ban because my visa ran out here, or will I have to wait for long time before coming back again as this may cause problem in marriage. Just wanted to have the right to work and get a good job to save my family from going on benefit.
Please advise.
Thanks

[Uche]

I my visa has lapsed before I legally got married with British citizen in uk. I made my application after married with form FLR (FP). It's been over one year and after my biometric enrolment I have not had from the home office.
We just got a baby and we've registered his birth at the registry. I called the home office but they said I should mention my case ID which I don't have.
I want to send my baby's birth certificate to the home office but I don't know where to address it and if the birth certificate will go straight to the right person.
Please advice.
Thanks

[Uche]

In 2016 I applied with my British partner under FLR(fp), after living together for 1 year, the application was refused stating that we've not lived together for 2 years, not married and has no child, we went for JR oral hearing and lost the case. We got married after 1 year, by then we've lived together for more than 2 years. I sent the application with our marriage certificate, but the home office held it for over a year. Now we have a baby and I sent the baby's birth certificate to support my application. After 7 days of sending the birth certificate the home office quickly refused me, stating that my application is the same as the previous one, they said although they are aware that I am in a genuine relationship and I'm now legally married but that does not mean that I met the immigration requirement because my resident permits have expired and we did not mention that we have a child in my application. They did not say anything on the birth certificate that I sent to them. They received the birth certificate on Tuesday the 26th June and they refused me on thursday the 5th of July. That is 9 days after I sent it and 7 working days after they received it. There was no right of appeal as they said the case will not succeed before the judge at court as its the same as the previous case in court.
Any advice on what to do next, please.....Genuine advice will be appreciated please.
Thanks

[vinny]

Posts merged.

[bathanza]

In 2016 I applied with my British partner under FLR(fp), after living together for 1 year, the application was refused stating that we've not lived together for 2 years, not married and has no child, we went for JR oral hearing and lost the case. We got married after 1 year, by then we've lived together for more than 2 years. I sent the application with our marriage certificate, but the home office held it for over a year. Now we have a baby and I sent the baby's birth certificate to support my application. After 7 days of sending the birth certificate the home office quickly refused me, stating that my application is the same as the previous one, they said although they are aware that I am in a genuine relationship and I'm now legally married but that does not mean that I met the immigration requirement because my resident permits have expired and we did not mention that we have a child in my application. They did not say anything on the birth certificate that I sent to them. They received the birth certificate on Tuesday the 26th June and they refused me on thursday the 5th of July. That is 9 days after I sent it and 7 working days after they received it. There was no right of appeal as they said the case will not succeed before the judge at court as its the same as the previous case in court.
Any advice on what to do next, please.....Genuine advice will be appreciated please.
Thanks

Disgusting tactics by the Home Office. I'm really sorry to see the refusal despite all that you have been through.

My only advice is to put in a fresh application, you will surely meet all the conditions of your relationship, your cohabitation and your baby add weight to your application.

What you need to really focus on is WHY it is not possible for your partner to return back to home country for Entry Clearance, what insurmountable obstacles that make it difficult for separation.

Address each and every reason for refusal in very clear language. You'll have more chances of success and appeal rights.

I have been in this situation with my husband where we waited 18 months for a stupid refusal not even based on our marriage but as a further submissions claim. Currently in JR which is a total waste of time at the moment as we should just re-apply addressing the refusal and provide whatever they needed.

I know its more money, its more trouble, its more waiting. All I can say is you're not alone in this journey.

GOD BLESS>

[Alam-]

In 2016 I applied with my British partner under FLR(fp), after living together for 1 year, the application was refused stating that we've not lived together for 2 years, not married and has no child, we went for JR oral hearing and lost the case. We got married after 1 year, by then we've lived together for more than 2 years. I sent the application with our marriage certificate, but the home office held it for over a year. Now we have a baby and I sent the baby's birth certificate to support my application. After 7 days of sending the birth certificate the home office quickly refused me, stating that my application is the same as the previous one, they said although they are aware that I am in a genuine relationship and I'm now legally married but that does not mean that I met the immigration requirement because my resident permits have expired and we did not mention that we have a child in my application. They did not say anything on the birth certificate that I sent to them. They received the birth certificate on Tuesday the 26th June and they refused me on thursday the 5th of July. That is 9 days after I sent it and 7 working days after they received it. There was no right of appeal as they said the case will not succeed before the judge at court as its the same as the previous case in court.
Any advice on what to do next, please.....Genuine advice will be appreciated please.
Thanks

Disgusting tactics by the Home Office. I'm really sorry to see the refusal despite all that you have been through.

My only advice is to put in a fresh application, you will surely meet all the conditions of your relationship, your cohabitation and your baby add weight to your application.

What you need to really focus on is WHY it is not possible for your partner to return back to home country for Entry Clearance, what insurmountable obstacles that make it difficult for separation.

Address each and every reason for refusal in very clear language. You'll have more chances of success and appeal rights.

I have been in this situation with my husband where we waited 18 months for a stupid refusal not even based on our marriage but as a further submissions claim. Currently in JR which is a total waste of time at the moment as we should just re-apply addressing the refusal and provide whatever they needed.

I know its more money, its more trouble, its more waiting. All I can say is you're not alone in this journey.

GOD BLESS>

Exactly same situation here, rejected on further submissions claim and they didn't accept it a fresh claim. My solicitor advised me to file JR but I decided to go back and apply entry clearance as the rejection letter states clearly that nothings gonna work for me except I go back with my wife, and that I have an option of applying entry clearance if we want to live in UK as long as we meet all the requirements. You're right, it's long process, waste of a lot of money but it is a right way to start things over.

[bathanza]

The only thing that really worries me is section 320(11) , which can be used by a EC to refuse a spouse visa.

https://www.gov.uk/government/publicati ... raph-32011

So my husband did abscond but he was never given an updated IS96 which then turned to Immigration Bail. Has been reporting since refusal in Feb 2018 this year.

He has over-stayed so there is two counts.

In a bind as to what we should do long term. If the HO want us to do a EC, fine we will, but not one person can gtee his return.