Married Uk and non-EEA couple, refused. Re-entry or FLR-M?

[kayleigh54321]

Hi all,

Any advice appreciated. We're a married couple who just happen to be one half English, one half Nigerian. We've been refused our private life visa, after putting in a reconsideration request. Considering next step but we don't want to separate - either we live there or we live here, but we don't want to leave our lives here that quickly. So can anyone tell me if there would be a re-entry ban on us if my husband has been an overstayed. Are we better off going back together and applying to come back together, or trying FLR-M getting rejected most likely for the overstay, and appealing to stay? No convictions or anything else to complicate. We keep fighting, but no success yet. Any advice would be great. Thanks

[Casa]

If your husband has a straight overstay with no 'frustration of Immigration rules' (see link) then he won't face a ban if applying to return with a spouse settlement visa. Ensure however, that you are able to comply with the minimum earnings condition of at least £18,600 per annum (unless you have substantial savings).
https://www.gov.uk/government/publicati ... raph-32011

[kayleigh54321]

Thank you Casa, much appreciated. Does this mean we can both apply when both staying in Nigeria? Or would we have to separate? I'm thought it might be possible to avoid living in different places.

Thanks

[Casa]

How long do you intend to stay in Nigeria if you go with your husband? You need to consider that you will have to be employed in the UK when you apply and prove earnings.

[kayleigh54321]

That's what we were worried about. I can only get 3 weeks from my work, but I just don't want to separate at all. I don't feel like we should have to, i'm speechless every time the HO don't recognise us for what we are.

I realise no one on the forums can help with their ignoring us!

Is there no other way to get the situation resolved?

[Casa]

I can understand that you don't want to be apart for too long, but if you lose your job you won't be able to meet the financial condition and the visa will be refused. Although your husband can't be refused for a straight overstay, the application will come under scrutiny so you need to make sure you tick all the boxes. I don't believe there's any way out of your husband staying on his own while the application is processed apart from the 3 weeks leave you have to spend with him. You need to bear in mind that however difficult it is for you, there are couples with children who are separated due to the rules.