Tier 2 Dependent Visa - Overstayed Applicant

[Citisia]

Hi,

Apologies for taking some extra time as I need to explain my case. My wife is doctor and in UK on Tier 2 visa from hospital and I need to apply my dependent visa so needing some suggestions. Your suggestions would be highly appreciated. Thanks.

I am an experienced, qualified professional engineer. I have studied 5 years in Malaysia and left in time. I entered in United Kingdom (UK) 1st time in March, 2014 at Tier 4 student visa. My visa expiry was 31st November, 2015. On 1st November, 2015 I was caught by the police camera and I received a manual police ticket due to mistakenly driving at 40mph speed in the 30mph zone. On 20th November, 2015 I received a reminder letter from police to send my license to DVLA for the endorsement of fixed penalty points. I filed an application on 25th November, 2015 to Home Office requesting to allow me to stay for 12 weeks in UK and I will leave UK as soon as I will get my license back from DVLA.

I received an acknowledgement letter dated 8th December, 2015 from UKVI. Later I received a letter dated 13th January, 2016 from Home Office stated "You must report an immigration official every fortnightly Wednesday from February, 2016. In March Capita contacted me and told me I have been overstayed. I informed Capita about my pending application submitted with Home Office and gave her barcode. I requested Capita that I am waiting for the decision of my pending application as if I leave country without having written decision I would not be having any proof that I did not overstay in UK while applying visa again for my PHD studies in future.

I also called Home Office several times during this time. Every time they told me they cannot find that is there any decision dispatched to me or made against my application submitted on 27 November, 2015.

On 23rd March, I asked the officer while reporting when my application will be decided so I may leave UK. She told me that your application has been decided on 18th December, 2015 and decision has been dispatched on 27th December, 2015. It was quite surprising for me as I never have had received any decision letter. I informed officer about it and asked for my documents so I leave UK. She asked me to let her know about my departure plan on next reporting date i.e. on 6th April, 2016. On 20th April, 2016 I collected a signed copy of decision letter in person. I bought ticket and 12th May, 2016 I left UK.

I am in relationship with my wife from July 2015. We met at matrimonial website. We met physically 1st time in UK in March 2016. We have a lot of pics together on famous places in UK. I got marry on 31st August, 2016 and she left on 1st September to UK.

Now could you please suggest me how could I show it as subsistant relationship? Should I apply visa now or should I wait for her pay slips? I have my bank account maintained already more then 3000 pounds from last 5 months.

Which documents should I attach with visa application?

Many thanks for your time. Waiting for suggestions.

[Frontier Mole]

In my humble opinion the dependent visa will almost certainly be refused based on the history you have set out here.
It will be hard to overcome the period of overstaying regardless of the claimed circumstances.
The other weakness is the period of marriage and the perception it looks like a marriage of convenience given the time lines etc.

You will need a fair amount of luck to get through the process.

[Citisia]

Thank you so much for your kind suggestion Frontier Mole.

I have wedding ceremony pics, invitation card and registration certificate. All chat and call data from last one year. Tenancy agreement along with other required documents.

Could you please suggest me when should I apply visa and how I can make these circumstances positive?

Thanks.

[Frontier Mole]

I hate to be particularly negative but I do not see a way to overcome the period of overstay. And the reason for overstay is incrediblely poor, waiting for a driving licence. Sorry but that is a ludicrous reason.

Tier 2 dependants do not get the same exemptions as Spouse visa applicants, so your period of overstay is not waived. The marriage will make no difference and as I said before pictures, invites etc are unlikely to sway the ECO. It looks like a rush wedding to allow you to return. The period you have been a married couple is short and the overstay is longer.

I do not expect you to get a visa.

[Citisia]

Many thanks for taking time to response.

But I have never received any decision till I come to know from HO in person on 23 March, 2016. So HO will not verify did I receive it or not? I have asked the Capita to provide me barcode of recorded delivery of decision as well through email so I may check who has received it. My point is, why I have to suffer for the thing that I have never done? Will not HO verify that I have never received the decision?

Regarding license, it takes 2 weeks to get points on license. If I had sent my license on 20 November, 2015 I would not be able to get it back from my visa expiry date i.e. 31st November, 2015. If I had left the country without submission of my license it would be a crime. That is why I filed the case to make myself clear from any convictions.

Regarding marriage, she came back from UK on 1st July, 2016. It took time for families to get agreed on our wedding. My family believes on some good and bad days and dates so they found 31st August as a suitable day for wedding that is why I had no other choice.

Waiting for your kind reply.

Thanks.

[vinny]

I received an acknowledgement letter dated 8th December, 2015 from UKVI. Later I received a letter dated 13th January, 2016 from Home Office stated "You must report an immigration official every fortnightly Wednesday from February, 2016. In March Capita contacted me and told me I have been overstayed. I informed Capita about my pending application submitted with Home Office and gave her barcode. I requested Capita that I am waiting for the decision of my pending application as if I leave country without having written decision I would not be having any proof that I did not overstay in UK while applying visa again for my PHD studies in future.

I also called Home Office several times during this time. Every time they told me they cannot find that is there any decision dispatched to me or made against my application submitted on 27 November, 2015.

On 23rd March, I asked the officer while reporting when my application will be decided so I may leave UK. She told me that your application has been decided on 18th December, 2015 and decision has been dispatched on 27th December, 2015. It was quite surprising for me as I never have had received any decision letter. I informed officer about it and asked for my documents so I leave UK. She asked me to let her know about my departure plan on next reporting date i.e. on 6th April, 2016. On 20th April, 2016 I collected a signed copy of decision letter in person. I bought ticket and 12th May, 2016 I left UK.

Isn't it strange that they didn't re-emphasize their decision of 18th December 2015 on their letter of 13th January 2016? If your application hadn't been refused at that time, then why did you think they wanted you to report to an immigration official every fortnightly?

Overstaying for longer than 90 days imposes an automatic one year ban.

[Citisia]

Thanks Vinny for your kind response.

No they did not mentioned a single line on this letter regarding my refused decision or anything related to it. Please open the link of google drive I have attached a front side of a decision. Moreover, I was having an offer letter from university for my MBA as well in October 2015 and my visa expiry was in November 2015 but I did not apply for CAS as I wanted to go back. If I wanted to stay in UK I could have get an admission easily but that was not my goal. Should I mention it in my application?

Regarding attendance, I called solicitor to know about this letter. He said that as your case will take some times so you need to go for attendance according to the letter. I never knew any other reason behind this except my case is pending and they are calling me for reporting till it will be decided.

Thanks.

[vinny]

I never knew any other reason behind this except my case is pending and they are calling me for reporting till it will be decided.

That doesn't sound right.

As you made an in-time application, you would have been covered under Section 3C, when the decision is pending. Therefore, you were legally in the UK while your application is pending. I cannot think of any reasons for them to place people, whose leave are pending, on reporting instructions.

[Citisia]

I am very honest about my point dear vinny that you highlighted.

In fact, when I was in contact with capita, they did not tell me that my application has been refused. They were not aware of my application submitted on 27th November 2015. I gave them its barcode and once they found it they told me to wait till they contact me and keep reporting. Wish I could have one letter that capita sent to me after updating their record in which they mentioned something like " ...you are trying to legalise your stay in UK and we are watching your case and will contact you once it will be decided...". Its not with me anymore. Another reason behind assuming my decision is till pending was, in the reporting letter it was written "You are authorise for temporary stay in UK".

I was not aware of these technicalities of law regarding reporting. When capita told me they have found my application and they will contact me when needed I was in complete peace till I come to know about my application decision in March.

Can you please suggest me how to deal with this matter that I have never received my decision? This is a truth and this is the only way I can save myself if they verify it that I have had never received it.

Thank you so much for your time.

[Frontier Mole]

One simply question - when did you receive your licence back from DVLA?

[Citisia]

Nearly 12 or 13 december, 2015. I was thinking of informing HO that I have received my license and want to withdraw the application but then how would I had described my stay after my visa expiry?

[Frontier Mole]

Not as an overstayer, as you could have left with a pending decision without that tag. But you didn't for whatever reasons you saw fit. Your story becomes more and more implausible. You stayed on for months to see if you could be allowed to stay to get your licence back when you already had it. Really.....
Sorry I am finishing with this thread as you are plainly either a complete chancer or a completely foolhardy and certainly deserving of the refusal you received.

Good luck returning to the UK as I distinctly feel you will be heading down a route that says you won't be here anytime soon.