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Applying from Algeria to re-join my British/Polish spouse

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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batatauk
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Joined: Thu Nov 03, 2016 3:29 pm

Applying from Algeria to re-join my British/Polish spouse

Post by batatauk » Thu Nov 03, 2016 3:46 pm

Hello Everyone,

I have a bit of a situation, I came to the UK in 2010 on tier 4 student visa, renewed it twice in the UK until the end of 2012 when I failed to renew it [ did not even try] as I could not join the University.

After that I overstayed and I met my future wife by the end of 2013, since then we have been in a relationship until last December when I proposed to her.

7 months after we decided to give notice to marry, checked with a solicitor he said I shouldnt worry about me being an overstayer so we did give notice and 2 months after that we were invited for intervew at the home office.

Passed the interview, which went very well but despite that, I was arrested and taken to detention center.

3 weeks after that I was released with condition of reporting 1 a week

a week after being released we got married at the registry office and we were issued the marriage certificate.

Now I have decided to go to Algeria and apply from there to re join my wife in the UK and I would like to know few things

1- how long does it take to get an answer.

2- will it matter that I overstayed [ it is said the ban wouldnt apply as I will be applying to join family member]

3- will it be worth it to use the premium visa service?

4- Am I going to regret doing all this?

Thanks everyone and looking forward to reading your replies

Regards,

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Applying from Algeria to re-join my British/Polish spous

Post by Casa » Thu Nov 03, 2016 4:11 pm

batatauk wrote:Hello Everyone,

I have a bit of a situation, I came to the UK in 2010 on tier 4 student visa, renewed it twice in the UK until the end of 2012 when I failed to renew it [ did not even try] as I could not join the University.

After that I overstayed and I met my future wife by the end of 2013, since then we have been in a relationship until last December when I proposed to her.

7 months after we decided to give notice to marry, checked with a solicitor he said I shouldnt worry about me being an overstayer so we did give notice and 2 months after that we were invited for intervew at the home office.

Passed the interview, which went very well but despite that, I was arrested and taken to detention center.

3 weeks after that I was released with condition of reporting 1 a week

a week after being released we got married at the registry office and we were issued the marriage certificate.

Now I have decided to go to Algeria and apply from there to re join my wife in the UK and I would like to know few things

1- how long does it take to get an answer. Most applications submitted in Algeria are processed within 60 (working) days

2- will it matter that I overstayed [ it is said the ban wouldnt apply as I will be applying to join family member] You can't be refused under 320(7b) but you could be refused under 320(11) apply due to frustrating then intentions of the Immigration Rules . Run through the examples in point 2 and 3 in this link: https://www.gov.uk/government/publicati ... raph-32011

3- will it be worth it to use the premium visa service? Probably not as additional checks will be carried out due to your immigration history.

4- Am I going to regret doing all this? In the circumstances this was your best option. Your solicitor should have warned you that you risked arrest during your marriage interview.

Thanks everyone and looking forward to reading your replies

Regards,
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Posts: 14911
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Location: UK

Re: Applying from Algeria to re-join my British/Polish spous

Post by noajthan » Thu Nov 03, 2016 4:17 pm

batatauk wrote:Now I have decided to go to Algeria and apply from there to re join my wife in the UK and I would like to know few things

1- how long does it take to get an answer.

2- will it matter that I overstayed [ it is said the ban wouldnt apply as I will be applying to join family member]

3- will it be worth it to use the premium visa service?

4- Am I going to regret doing all this?

Thanks everyone and looking forward to reading your replies

Regards,
Welcome.

Trust you have dropped that advisor by now.
btw - the arrest wasn't personal; it happens quite frequently in these cases.

1) Weeks - months.

2) Depends how frivolous/vexatious HO deems the application or previous history to be plus any aggravating factors.

3) Depends what's valuable to you, time or money.

4) Its life. Life your life. Never say die.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

batatauk
Newly Registered
Posts: 3
Joined: Thu Nov 03, 2016 3:29 pm

Re: Applying from Algeria to re-join my British/Polish spous

Post by batatauk » Thu Nov 03, 2016 4:43 pm

I want to show them a good image of me, I know I did wrong when I overstayed but since I decided to give notice to marry, I have been complying with the Home Office, they even issued me a letter that I complied with them during their investigation, which made my life easier and I got married, they released me and I could run away but I did not and I will go back to Algeria to apply, which is a very scary thing but I am still going to do it and show that I am a good character,

will the ECO take in consideration all these details?

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Applying from Algeria to re-join my British/Polish spous

Post by Casa » Thu Nov 03, 2016 4:48 pm

batatauk wrote:I want to show them a good image of me, I know I did wrong when I overstayed but since I decided to give notice to marry, I have been complying with the Home Office, they even issued me a letter that I complied with them during their investigation, which made my life easier and I got married, they released me and I could run away but I did not and I will go back to Algeria to apply, which is a very scary thing but I am still going to do it and show that I am a good character,

will the ECO take in consideration all these details? Yes
Have you read through the information in the link I posted on reasons to refuse under 320(11)?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

batatauk
Newly Registered
Posts: 3
Joined: Thu Nov 03, 2016 3:29 pm

Re: Applying from Algeria to re-join my British/Polish spous

Post by batatauk » Thu Nov 03, 2016 4:56 pm

yes I did and I think I should be ok with that, I hope...

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