Overstayed my Spouse Visa

[Vern]

Thanks Casa; would you say thats the most promising option?

The letter from the HO states that they acknowledge our relationship as a genuine one due to the proofs submitted.

[Vern]

Hello,

I am hoping I can get some advise on the below.

I came to the UK back in Sep 2009 on a student Visa. I got married in 2014 to my British partner and had been on a 5 year route spouse visa. I have been in full time employment ever since and have a very clean track record with no criminal convictions.

Back in April 2019 this year I had missed my date for renewal of my visa and overstayed. I sought legal advise and my solicitor suggested we submit an application for FLR on the grounds of Human Rights Act as a convincing pitch.

I received confirmation from the HO today that my visa was rejected - Although I met all the necessary requirements, we couldn't convince the HO that my British wife would face insurmountable obstacles outside the UK in India. We there fail to meet the requirements of EX.1(b) of Appendix FM of the Immigration Rules.

My solicitor has given me 2 options: (both of which would be a new application charge by the law firm)
1. To appeal this decision in court
2. To go to India and apply for a fresh spouse visa on a 5 year route.

What would be the best and most successful option to opt for? Whats the possibility of the court ruling in our favour? Would I be banned from entering the UK now that I have overstayed or would they consider that I did make an attempt to continue my stay legally?

Please advise

Thanks
Vernon

[Vern]

In my honest opinion, the best option would be to apply for Spouse visa from outside of the UK. The overstay shouldn't have an adverse affect on the application.

Hi Casa, most people on here have gone back to their home country and applied for their spouse visa and returned back soon enough. Is this definitely the most likely option to be successful?

[aman90]

2 options: (both of which would be a new application charge by the law firm)
1. To appeal this decision in court
2. To go to India and apply for a fresh spouse visa on a 5 year route.

What would be the best and most successful option to opt for? Whats the possibility of the court ruling in our favour? Would I be banned from entering the UK now that I have overstayed or would they consider that I did make an attempt to continue my stay legally?

Both options shall work out eventually.
You will not be banned. The human right aspect shall work out either way.
It’s depends on you really. How much money and stress are you willing to take.
The overstay will only affect ur BC application in the future.

[Vern]

Thanks aman09. I know both are viable options but I am looking for the most successful one.

My wife has her own established company here for the past 2 years. She cant just up and leave the country to move with me to India. She has been here all her life. To add to this, during this whole application procedure and waiting on a result, my wife suffered a miscarriage and is not in the right state of mind to be left alone here. I feel the HO have not considered my case seriously enough and have declined my application on grounds of not being able to prove insurmountable difficulties. This is why I want to appeal.

On the other hand, i have everything I need to qualify for a spouse visa if I applied from India directly but I am afraid of being banned or not allowed/granted the visa due to my overstay.

Advise anyone?

[Casa]

In the case of a simple overstay, with no 'aggravating circumstances' ( false documents, working illegally ect.) a spouse visa application won't result in a refusal under 320(7b) or 320(11) of the Immigration Rules.

The quicker and less expensive option would be to apply for a Spouse Settlement visa from your home country.

[Vern]

Thanks Casa, yes that makes sense. How long on an average would it take to get a conclusion on a spouse visa once the application is put in by my solicitor?

[Casa]

Thanks Casa, yes that makes sense. How long on an average would it take to get a conclusion on a spouse visa once the application is put in by my solicitor?

6-12 weeks probably.

[Vern]

Thanks Casa; My wife has just gone through a failed pregnancy so I am planning to take her with me just for the emotional support if we decide on the spouse visa route. Her fear is that she has to come back and I get stuck there.

I have a clean slate here in the UK, no criminal conviction, no fraudulent paperwork and I quit my job as soon as I was classed as an overstayer. So its nice knowing I have a strong chance of approval in the spouse visa.

My wife is very worried about this though and feels if I appeal , at least I am here for a while longer and may or may not win the appeal. In which case, I will either appeal again or apply for a spouse visa from my country (in essence delaying what I can do now).

Would you say I have a stronger chance on getting my spouse visa approved or my appeal being successful?

Thanks

[Vern]

Hi Casa, please can you let me know your thoughts. My wife wants us to appeal to avoid the inconvenience of separating and staying in a different country for 3-6 months. Do I have a strong chance to win an appeal?

[Vern]

Can somebody advise me on if I should appeal? I rather stay here with my wife and appeal my case.

[Vern]

Can somebody advise me on if I should appeal? I rather stay here with my wife and appeal my case.

[Casa]

Vern. in all honesty only you and your wife can make this decision and no one on the forum can predict whether an appeal will succeed. As Aman has commented, if you decide to appeal you should be prepared for a long wait and a JR is incredibly expensive.

[Vern]

Hi Casa, thanks. It is a very hard decision ofcourse. I have been quoted £1800 from solicitors to take on my appeal this includes the Barrister fees. Are you saying there would be more money required? Also, the latest statistics state that 50% of appeals are granted. Im just trying to make sense of this whole thing - it is so scary to be in this situation having completed 10years in the UK and being asked to leave even though I am married for the past 5 years. I do want to make the right decision and I appreciate your advice on this matter.

I just want to make sure that applying from outside the country will not result in a ban.

[Vern]

Also, is it true there is a option of fast tracking a spouse visa with an additional fee?

[Vern]

Hi Casa, just wanted to say thank you for your input in my matter.

I have spoken to my wife and her whole family here in the UK and have decided to bite the bullet and fly down to India. I will apply for my spouse visa from there. We are both are so scared for us and cant believe this is happening after 10 years of working and living in the UK but we are left with no choice.

My 14 day notice runs out on the 16th Nov. I will be calling the Voluntary Departure Team tomorrow and let them know that I have made flight arrangements for the 18th Nov. Would this be ok?

Will try and update our situation now and again on the forum.

Wish me luck!

[Mehar_11]

All the best Vern!

Maybe a good decision. My husband overstayed, applied within the uk, refused no right of appeal, JR, oral hearing no error of law and now he has returned. Wasted so much money. Makes me think we should have done this sooner.

We applied 2 weeks ago via priority service and he will be going for his biometrics appt next week.

[Vern]

All the best Vern!

Maybe a good decision. My husband overstayed, applied within the uk, refused no right of appeal, JR, oral hearing no error of law and now he has returned. Wasted so much money. Makes me think we should have done this sooner.

We applied 2 weeks ago via priority service and he will be going for his biometrics appt next week.

Thanks Mehar, I hope it all works out too! Cant believe this is happening to us 10yrs living in the UK!

Did the express service work considering your husband overstayed? I was advised by my solicitor that it is risky using the express service and it would take up to 3 months anyway. So no point paying extra.

When did you submit your application? And when was your husband called in for his biometrics?

Please let me know.

Thanks
Vern

[Mehar_11]

We applied online on 05/11..I submitted the documents here on 11/11.... and he got the biometrics appt 3 weeks later 20/11 which is quite annoying even though we applied using the priority service I think with the biometrics appointment so late thats 3 weeks wasted already.

Our solicitor advised us to use the priority service saying it has worked for all her other clients and they have had response in 6 weeks. I’m assuming ours will take longer due to the biometrics appointment being so late.

[Vern]

We applied online on 05/11..I submitted the documents here on 11/11.... and he got the biometrics appt 3 weeks later 20/11 which is quite annoying even though we applied using the priority service I think with the biometrics appointment so late thats 3 weeks wasted already.

Our solicitor advised us to use the priority service saying it has worked for all her other clients and they have had response in 6 weeks. I’m assuming ours will take longer due to the biometrics appointment being so late.

Thanks Mehar; that’s actually pretty quick! Can I ask where your husband is at this moment? As in - which country?

[Mehar_11]

Pakistan

[Vern]

Pakistan

How long did your husband overstay for? What application did you initially make which was rejected? Do you have any children cause we dont.

Your situation sounds a lot like ours.

[Mehar_11]

Hi..He overtayed 7 years. Initially came as a spouse but then divorced and overstayed. We got married applied FLR m. Don’t have any children.

The home office accepted our relationship but also said I can go and live there with him which is not possible for us.

I spoke to so many different solicitors and they all advised he should go back and apply from there as we meet all the requirements and the overstay won’t count.

[Mehar_11]

Pakistan

How long did your husband overstay for? What application did you initially make which was rejected? Do you have any children cause we dont.

Your situation sounds a lot like ours.

Hi Vern,

Quick update. Visa granted 16 working days from biometrics. Hope everything is going well for you.

[Vern]

Hi Mehar,

That's great news! God bless!

I have been here in India for the past 4 months now. My Priority Service application was submitted on the 10th Feb 2020, done my biometrics on the 14th Feb. Its now been 5 weeks and I am still anxiously awaiting a decision.

Please pray for us. The good news is my wife and I are expecting our first baby and she is here with me in India -so not all that bad but we need to get back to our lives in England.

All the best!

Regards
Vern