UK SPOUSE VISA INFORMATION

[Sys73]

Hello there

I am in a bit of a situation just now and I am hoping if I can get some guidance and advice. My husband is a British Citizen and it is now time to file my UK spouse visa , I am a Pakistani national, I have studied in the UK and later got a PSW . The problem is that my PSW expired on the 29 th Nov 2012, I was in the middle of applying to the University for a Masters but then I decided to return to my home country for good, I overstayed for 10 days and travelled back on the 10th Dec 2012. After 10th Dec 2012 I never applied for any UK visa and never travelled abroad, now I am worried that will this negatively impact my spouse visa application ? Will this affect my Husband immigration status ? Do I have to declare this on the spouse visa application form ?

Any help on the matter will be appreciated

Thank You

[seagul]

During 2012 there used to be a discretion on overstaying 28 days so more likely you will be fine if can be able to justify the reason. These 28 days has now been curtailed to 14 days.

[Sys73]

Thank you for the reply and yes it was 28 days back then, but am I classified as an overstayer ? I don't have a negative stamp on my previous passport ...

Further my actual worry is how can I justify cause I was ill and my university was taking too long , I have my illness records and it was something concerning but I am afraid I have limited correspondence with the University. What can be a legal and plausible justification in my case ?

[seagul]

Thank you for the reply and yes it was 28 days back then, but am I classified as an overstayer ? I don't have a negative stamp on my previous passport ...

Further my actual worry is how can I justify cause I was ill and my university was taking too long , I have my illness records and it was something concerning but I am afraid I have limited correspondence with the University. What can be a legal and plausible justification in my case ?

your evidence of illness should be sufficient.

[Sys73]

Thank you once again

And I know I am repeating myself but is it a really bad offence and makes me a overstayer or is it something that can be handled

[seagul]

Thank you once again

And I know I am repeating myself but is it a really bad offence and makes me a overstayer or is it something that can be handled

Overstaying even one day is still an offence but up to 14 days can be pardoned if backed by real reason.

[Sys73]

Do they go in such details for a spouse ?

[Sys73]

I have found me going in and out of nhs for my medical problem up till October , I am trying to get to Nov but if I can't find them , will the evidence up till October be sufficient in which the specialist clearly states that they are unable to determine the spontaneous swelling of my face ........ this swelling was not only painful to the extent that I could not sleep and suffered headaches, dizziness and nausea , it also looked terrible as it was on the left side of my face .......
What are my options ? How can I resolve this ? Can a witness statement be of any use ?

[Sys73]

I have found me going in and out of nhs for my medical problem up till October , I am trying to get to Nov but if I can't find them , will the evidence up till October be sufficient in which the specialist clearly states that they are unable to determine the spontaneous swelling of my face ........ this swelling was not only painful to the extent that I could not sleep and suffered headaches, dizziness and nausea , it also looked terrible as it was on the left side of my face .......
What are my options ? How can I resolve this ? Can a witness statement be of any use ?

[Sys73]

Can anyone help me in this please

[Casa]

You're overthinking this. Medical evidence isn't required and in any event, you were well within the permitted 28 days at that time.

An overstay without any other immigration offences (false documents, illegal working etc), won't be a reason to refuse a Spouse Settlement visa under 320(7b) or 320(11) of the Immigration Rules,

See the guidance in the link below:

https://www.gov.uk/guidance/immigration ... or-refusal

[Sys73]

No I did not provide any false documents or work illegally , if I declare it on my application then Seagul suggested I need medical evidence , I have had this problem for round about 4 years starting 05/05/2012 till 30/12/2016 . To this very day it's not resolved but after spending so much money on doctors and dentists I have learned how to manage it and the episodes have become less frequent. What should I do ? I mean if I am within the 28 days will they pardon my 10 days or I would need to provide my medical history , I just need to know what should I say when it says on the form the exit date ...... how can this be tackled ?
Thank you Casa

[Sys73]

Like how much scrutiny will I come under? What are the consequences ?

[Casa]

You don't need to provide medical evidence for a 10 day overstay.

Seagul also appears to have overlooked the fact that a Spouse visa application won't fall to be refused under 320(7b) of the Immigration Rules and for a simple overstay, 320(11) also won't be relevant.

Your application will be assessed for your spouse (as your sponsor) meeting the minimum income level of £18,600, adequate accommodation available on your arrival in the UK, evidence of the marriage/ genuine relationship and meeting the English language level (A1 test or degree).

Have you read the guidance in the link I posted for you?

Note in particular:
1.4 RFL5.4 When does rule 320(7B) not apply? rule A320
Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM

[Sys73]

Yes I read the guidance notes and the over stay clauses in particular, I am worried about the over stay as my Husband is of the opinion that we should state it in a cover letter why I over stayed 10 days and give the medical history, my visa expired on the 29th Nov and I stopped attending work on the 23rd Nov , my then manager still wanted me to come back to work so gave me a few months to see if I could work things out but I could not so my resignation was processed in June 2013 ..... Will that have an impact on my application as well?
I am worried about all of this I never thought this will get so complicated ... kindly advise

Thank you for your responses they have been so encouraging

[Casa]

Can you confirm that you didn't work or receive pay until your resignation for the period after your visa expired

[Sys73]

I did not work from the 23rd of Nov but they paid me for the month of November in December and then one month pay of December in January 2013 considering that they still wanted me to come back. After that nothing cause I told them i was not able to get any work visa . I have a ticket to prove I cane back on the 10th Dec . Considering I worked with then for 3 years and was amongst their best employees they extended this as a gesture of good will considering that the circumstances I left in were stressful.

Is this really bad ?

[Casa]

Sorry for the delay in responding.

In my honest opinion I still can't see reasons to refuse under 320(11) of the Immigration Rules and 320(7b) doesn't apply to a Spouse visa application. From the information you have posted, neither does your application fail under S-EC.1.8.

Do ensure however, that when submitting your application you cover all the requirements for a spouse visa, mentioned in my earlier post.

The information in this link explaining the evidence you are required to submit may help.
https://www.gov.uk/guidance/immigration ... d-evidence'

[Sys73]

Cass I cannot thank you enough for taking the time out to reply, you have been very kind and helpful , I am going through the links you have sent me

One last thing should I go through an immigration lawyer ? Or can I and my Husband file it on our own ?

Thank you

[Sys73]

Sorry for the incorrect spellings Casa the mobile auto corrected to Cass

[Casa]

Sorry for the incorrect spellings Casa the mobile auto corrected to Cass

No problem.
I don't believe you will need to engage a legal advisor. If you need step-by-step help and advice on the evidence you will be submitting, you should get all the guidance you need (for free) on the forum.

Do ensure you submit a valid TB test certificate. Your UK degree will meet the English language requirement.

[Sys73]

Ok I will sort out my TB test exam and I have my university documents , but what other documents from my end are required ?

Thanks again

[Casa]

Guide to supporting documents in the link below:

https://assets.publishing.service.gov.u ... lement.pdf

[Sys73]

Thank You once again

How shall i declare my over stay and do I wrtie the reason behind it ?
Which part in the application form will ask this and how can it be answered properly ?

[Casa]

Thank You once again

How shall i declare my over stay and do I wrtie the reason behind it ?
Which part in the application form will ask this and how can it be answered properly ?

I believe there's a section for 'any other information'. Just state the basic facts.