Overstayer return on spouse visa. Any advice?

[Nightman22]

Hi.
I am in need of advice.
I am a South African who arrived in th UK on a 2 year visa in October 2000. Early 2002 I met my partner who was a Palestinian asylum seeker at the time with a case pending at the home office. I extended my visa as a visitor for a further 6 months but by May 2003 I had no other options visa wise (couldn't afford overseas student fees; no important job skills etc). I decided to stay with my partner who wasn't able to return to South Africa with me.
We did an Islamic marriage in 2004 and lived together as best we could.
In 2010 he was granted leave to remain under the legacy cases. It was then we decided perhaps I should attempt regularising my own situation.
We got a COA from HO and married in May 2011.
On legal advice we applied in country as certain requirements couldn't be met if I left and applied.
Of course it was refused and appeals refused. I made a fresh application in 2013 and again was refused.
I did nothing again until 2016. My now husband was earning the required salary. I was about to leave voluntarily but on legal advice I decided to apply in country again. But that is when I was asked to report at the police station which I have done until now.
Return to South Africa would have been difficult as we have little money. But no exceptional circumstances.
It was refused but the solicitor hoped an appeal on human rights grounds would work. After a court hearing it was refused. They said I should go back and apply or my husband should go to South Africa. He is a British citizen who has once already left his country under dire circumstances so he has no interest in living there. He has made a life here for 17 years.
We have tried to have children but we were never blessed in that way. I did have a miscarriage in 2014.
Also the HO said it was a fate accomplis.
We appealed to a further tribunal but were refused.
They accept our relationship is genuine and all other requirements are met.
Now I am at a point where I can't take it anymore. Our lives are difficult.
I have been told to appeal again but I know the chances will be the same.
My mother is also very ill and cannot travel. I fear I may never see my family. It has become too much.
I have been here 18 years. I've been told to carry on until 20 years. But I am broken and want to see my mother before anything happens. My husband understands this. I cannot live like this anymore and I have tried all I can.
I know travelling back is a risk. I need to know my chances of success as I know I may be refused under 320 (11).
But my attempts at regularising my stay were genuine. They themselves said I should return and apply.
I know they are ruthless.
Any advice will be helpful. Thanks.

[Nightman22]

Hi there.
I just want to find out if anyone has experience of returning to the UK after being an overstayed.
How long did it take?
Any particular problems?
Anything I should do specifically to help my application?

Any help would be appreciated.
Thanks

[bathanza]

I know a handful of people who have returned after an overstay

You will risk section 320 (11) which is a discretionary rule that an ECO can use. This will combine overstay with other factors such as deception, absconding and other matters (look up the rules)

Do you have any children?
Why did you overstay and for how long?

[CR001]

Do you have any children?
Why did you overstay and for how long?

Useful to read the lengthy first post. Op states no children and when OP came to the UK and visa ran out.

[bathanza]

Just realised that after posting.

The HO want the OP to leave. There is no valid route after exhausting all options. She could wait 2 years of course or spend anywhere between 3 to 12 months if refused and go via appeals from abroad.

In simple cases I would say leave. But since you've been here 18 years. . It's 2 years left... on the fence.

[Nightman22]

Thank you for your insight. I have made up my mind to leave. I know I risk a lot with a long overstay but under the circumstances I feel it is the right thing to do by my family.
I haven't used deception, absconded, used public funds etc. Not going to make anymore frivilous applications just to pass the time. My husband has supported me financially etc.
When making the application do I have to send all previous written records of applications, refusals and appeals or is this not necessary since it is on the home office system?
I've read that I should include a brief statement of apology but so far my solicitor hasn't mentioned this is necessary.
Has anyone had to do this? I know wording is important.

[bathanza]

Good luck to you. I sincerely hope it all works out and for every long term overstayed please post your updates

Voluntarily leave the UK

When you're back in your home country do your English test (if required) and ensure that you do include the 320 (11) counter statements to make all those facts clear. I think your latest HO ref number is sufficient but you can put in your cover letter the facts you had.

Clearly you want to regularise your stay which will be in your favour and ensure you put in enough evidence in your application.

God be with you dear. I wish I was brave enough to send my husband back. We will plan to do that next year. He has overstayed for 11 years.