Spouse visa for NZ overstayer

[quackquack]

Hi,

My husband is from new zealand and came here on a WHV, we got married dec 2006 in NZ and his WHV ran out in jan 2007. He was going to apply for spouse visa on our return from NZ, however we were told that he needed to have 3 months left to apply. I was pregnant at the time and we left it. So now he is an overstayer and we want to sort it out. We have a 6 month old son. My husband works for himself and pays tax and is the only earner in the household. We rent our home.

What are the chances of him being granted a visa?? We would struggle if he had to go back to NZ to apply as they take upto 6 weeks to process??

Any advice??

[sakura]

Hi,

My husband is from new zealand and came here on a WHV, we got married dec 2006 in NZ and his WHV ran out in jan 2007. He was going to apply for spouse visa on our return from NZ, however we were told that he needed to have 3 months left to apply. I was pregnant at the time and we left it. So now he is an overstayer and we want to sort it out. We have a 6 month old son. My husband works for himself and pays tax and is the only earner in the household. We rent our home.

What are the chances of him being granted a visa?? We would struggle if he had to go back to NZ to apply as they take upto 6 weeks to process??

Any advice??

If you do a search on this board, you will find that most people are not granted a spouse visa in-country if they have overstayed. Your case wouldn't be deemed exceptional, so he would have to return home and apply from there. If you do submit it from the UK it may take a long time and might just end up as a refusal anyway.

I suggest you do a thorough search because a lot of changes have taken place over the past few months.

[John]

You need to accept that there is little chance of getting a spouse visa in the UK. He comes from NZ, and unless there is some great news story that the BBC, Sky, etc are suppressing, it is safe for him to go back there to make the application.

Not only that, even if he were to apply in the UK for his spouse visa, it would probably take years to process the application, and even then little chance of success.

So the comment must be .... he needs to go back to NZ to apply for his spouse visa. Start putting together the "evidence folder" that will need to be presented with the visa application when it is made. Do appreciate that the application fee will be about £500, payable in local currency.

He was going to apply for spouse visa on our return from NZ, however we were told that he needed to have 3 months left to apply.

You were wrongly advised. But he should have applied for the spouse visa there in NZ before traveling back. If that had been done you would not be facing this problem now.

Are you working? Just wondering how you are going to pass the financial test?

[quackquack]

Thanks for your replies.

I don't work as I've just had our baby. He works and his employer would re-employ him on retutrn. Do we need to have savings? We (well I) tend to spend what he earns!!

We need to go to NZ for a wedding in november - is it worth waiting until then, or will the longer he overstays go against us?

Thanks again.

[John]

You are overlooking something. He has no right to work! No only that the Home Office is just about to start cracking down on employers that employ illegal workers.

November? You jest! February ... at the latest! You and your child do not need to go ... just you husband! If he has a job to come back to, that will form an important part of the evidence to show that the financial test is passed. Can I ask, how much is he earning?

[quackquack]

About 40K this tax year. Enough to support us all. He has his own company, but sub contracts to the same person most of the time.

Would it be better if I was working?? I'm on maternity leave until begining of March but did not intend going back.

Sorry for so many questions - I know he isn't supposed to be here, but I'm worried if he goes back and it gets refused that is our family broken up. (I know that if he gets caught and gets deported it'll be even worse)

Thanks again

[John]

Ah so it is his company that is employing him ..... that could get clobbered with the £10000 civil penalty for employing an illegal worker.

As long as there is proof that the income flow will continue, I see no need for you to go out to work.