Help. overstayer married to british with kids needs advice

ed300900 · Post by **ed300900** » Sat Mar 15, 2008 2:38 am

hi all i came into the country in 1998 to do masters degree in computers. before my visa ran out i employed a lwayer to help process my visa so as to get a work permit. it turned out the lawyer was fake and according to him forgot to send my application over. i reported him to the OISC but was told they could notthing. my visa then expired in 2000. I met my wive in 2000 and we got married in 2003 and have a 4years daughter . i also have 15 year old step son.

We then employed another lawyer who submitted our application for stay due to spouse.in 2003. Unfortunaely again the lawer went burst and claims to have lost my application and functions no moe.

I however have a letter from the home office sent to the lawyer with a refrence lawyer.
We then went to see our MP in December 2006. He called the home office and they claim my issue has "been passed to a case worker".

It is now 2008 and we are really fustrated and finding thing financially difficult. I cannot get a job i choose and scared it we go back to the home office we might get a NO verdict.

Please can some please adivise on what we shold do .. it is really depressing

gollywood · Post by **gollywood** » Sun Mar 16, 2008 12:26 pm

Improve your 'lawyer seeking skills'!!!

I believe you though

eliasuk4u · Post by **eliasuk4u** » Sun Mar 16, 2008 2:24 pm

One other best way to deal with this issue is to withdraw your case from Home office, get back to your home country and apply for a 2year spouse visa. Its quicker and easier than waiting for years and in turn home office will simply refuse your application after all those years. Its a complete waste of time.

Twin · Post by **Twin** » Mon Mar 17, 2008 1:09 pm

eliasuk4u wrote:One other best way to deal with this issue is to withdraw your case from Home office, get back to your home country and apply for a 2year spouse visa. Its quicker and easier than waiting for years and in turn home office will simply refuse your application after all those years. Its a complete waste of time.

not the best idea in my opinion given the impending ban on overstayers.

Twin · Post by **Twin** » Mon Mar 17, 2008 1:23 pm

ed300900 wrote:hi all i came into the country in 1998 to do masters degree in computers. before my visa ran out i employed a lwayer to help process my visa so as to get a work permit. it turned out the lawyer was fake and according to him forgot to send my application over. i reported him to the OISC but was told they could notthing. my visa then expired in 2000. I met my wive in 2000 and we got married in 2003 and have a 4years daughter . i also have 15 year old step son.

We then employed another lawyer who submitted our application for stay due to spouse.in 2003. Unfortunaely again the lawer went burst and claims to have lost my application and functions no moe.

I however have a letter from the home office sent to the lawyer with a refrence lawyer.
We then went to see our MP in December 2006. He called the home office and they claim my issue has "been passed to a case worker".

It is now 2008 and we are really fustrated and finding thing financially difficult. I cannot get a job i choose and scared it we go back to the home office we might get a NO verdict.

Please can some please adivise on what we shold do .. it is really depressing

Personally, I think you stand a good chance on your current application given the circumstances surrounding your case. The HO cannot ask you to leave the country as your step son cannot leave the UK to leave elsewhere in the world. This amounts to an insurmountable obtacle. See page 9 here:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

eliasuk4u · Post by **eliasuk4u** » Mon Mar 17, 2008 1:50 pm

Personally, I think you stand a good chance on your current application given the circumstances surrounding your case. The HO cannot ask you to leave the country as your step son cannot leave the UK to leave elsewhere in the world. This amounts to an insurmountable obtacle. See page 9 here:

Really? Why not? I am not saying that you should leave the country and live else where. What I am saying is that it will take years for HO to reply and at the end HO will simply refuse the case including mentioning the article 8 you mentioned. I had 7months old son but still HO insisted me to leave the country to apply and come back as legal migrant.

eliasuk4u · Post by **eliasuk4u** » Mon Mar 17, 2008 1:52 pm

Also see my post for reference

http://www.immigrationboards.com/viewtopic.php?t=12301

Twin · Post by **Twin** » Mon Mar 17, 2008 3:28 pm

eliasuk4u wrote:
Personally, I think you stand a good chance on your current application given the circumstances surrounding your case. The HO cannot ask you to leave the country as your step son cannot leave the UK to leave elsewhere in the world. This amounts to an insurmountable obtacle. See page 9 here:
Really? Why not? I am not saying that you should leave the country and live else where. What I am saying is that it will take years for HO to reply and at the end HO will simply refuse the case including mentioning the article 8 you mentioned. I had 7months old son but still HO insisted me to leave the country to apply and come back as legal migrant.

You are right Elias, in a case such as yours, the home office would have asked that the OP return to his home country to apply for entry clearance but because he has a step son who is probably British and probably subject to a court order, the HO will breach the OP's articule 8 right as there would be an insurmountable obstacle of his step son going to live somewhere else. This is what makes his case stronger. Had he not have a step son, there would have been good justification for HO breaching article 8 as the family would not be separated if they can all live together in another country.

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Help. overstayer married to british with kids needs advice

Help. overstayer married to british with kids needs advice

Re: Help. overstayer married to british with kids needs advi