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Voluntary Return process, Reporting tomorrow, HELP!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Alam-
Junior Member
Posts: 94
Joined: Tue May 15, 2018 6:28 pm
Mood:
England

Overstayed Spouse visa refused in UK, URGENT help required

Post by Alam- » Tue May 15, 2018 7:27 pm

Hi guys,
I'll keep it very brief.
I applied Tier 2 visa in Sep 2015, refused on march 2016, (Employer withdrawn sponsorship as it was taking too long)
Admin review refused april 2016.
I was already in a year relationship with my girlfriend (now wife), I went to a local solicitor he suggested me in writing that the best course of action is to send a 1 stop letter (?) to home office and request my passport to get married and apply spouse visa. I trusted him and paid him to write that letter, no reply, had to pay him for a follow up letter, I got a reply but it said I could have overstayed cause I must of sent an application not a letter. I knew I messed up, I went to another solicitor who filed FLR fp on aug 2016 (I am 117 days of overstayer now), refused under s.94(1) on july 2017, I was already married by that time, sent further representation on aug 2017 which refused march 2018 under paragraph 353 of immigration rules. I was given refusal on 5 may 2018 when I was there for reporting in croydon office, they conducted a brief interview before that.
My solicitor is suggesting me to go for judicial review, another solicitor I spoke to suggested me to go back to my country, Pakistan, and apply from there.
I never missed reporting, no convictions, no benifits me or my wife, never used NHS (just GP once), living at the same address for 8 years now. Me and my wife are in a relationship for over 4 years, living together at the same address for 3 years and married for 1 year now. My wife is getting paid over 18600 for 2 and a half month now, it was 11k to 15k before.
Please suggest me what could be the best line of action for me. If I go back is there any reason I might be refused? Me, my wife and her parents are very nervous, they came to visit us yesterday.

AlexWN
Junior Member
Posts: 84
Joined: Mon Sep 04, 2017 6:37 pm
Philippines

Re: Overstayed Spouse visa refused in UK, URGENT help required

Post by AlexWN » Tue May 15, 2018 8:07 pm

Have you given the right to appeal?

Alam-
Junior Member
Posts: 94
Joined: Tue May 15, 2018 6:28 pm
Mood:
England

Re: Overstayed Spouse visa refused in UK, URGENT help required

Post by Alam- » Tue May 15, 2018 8:41 pm

I was given the right of appeal for FLR fp refusal in 2017 which I didn't avail and went for spouse visa application instead as I got married before the refusal but no right of appeal this time, however they have given a long reason for not allowing right of appeal this time.

Alam-
Junior Member
Posts: 94
Joined: Tue May 15, 2018 6:28 pm
Mood:
England

Voluntary Return process, Reporting tomorrow, HELP!!

Post by Alam- » Thu May 17, 2018 10:35 am

My spouse visa refused in UK 2 weeks ago for under paragraph 353 and overstaying for 117 days back in 2016 (My solicitor gave me wrong advice in writing, I have email) and I am thinking of going back and apply from Pakistan. Would there be any chance of refusal because of overstaying? My Wife is earning 18600 for 3 months, I was wondering if I call for volunteer return but delay for few extra weeks to spend as much time of remaining 3 months in UK? How long would they give me for booking ticket and packing stuff? I am going for reporting tomorrow, I don't want to be detained tomorrow and then leave.
Thank you.

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