Overstayed but now applying spouse visa within the UK

[mallick73]

Hi,
I came to the UK in 2009 as student. did my masters from here. Unfortunately in one of my extension as student visa I got refused then went to appeal. later refused. I got my last visa in 2014. Since then I am without visa but always trying my best to regularise my stay here. I got legally married this year in FEB. Now I want to apply for spouse visa. My question is that what are my chances of getting spouse visa from within UK? Even if I returned to my country, how much chances I have that they would give me spouse visa from there considering my period of overstaying? I have always making applications with the HO and regularly reporting to them. never absconded. Can anyone help please?

[AmazonianX]

If you have always tried to regularise your stay, through what means and what were the out comes? Hope you were not just making frivolous applications?
What is your current leave or visa that you hold, presume you have statistics hence why HO did not interfere with your getting married in UK after giving notice.
Do note that on the whole you stand better chances of getting spouse visa on spouse route if you return and apply from home country.

[AmazonianX]

If you have always tried to regularise your stay, through what means and what were the out comes? Hope you were not just making frivolous applications?
What is your current leave or visa that you hold, presume you have statistics hence why HO did not interfere with your getting married in UK after giving notice.
Do note that on the whole you stand better chances of getting spouse visa on spouse route if you return and apply from home country.

[seekingadvice87]

Hi,
I came to the UK in 2009 as student. did my masters from here. Unfortunately in one of my extension as student visa I got refused then went to appeal. later refused. I got my last visa in 2014. Since then I am without visa but always trying my best to regularise my stay here. I got legally married this year in FEB. Now I want to apply for spouse visa. My question is that what are my chances of getting spouse visa from within UK? Even if I returned to my country, how much chances I have that they would give me spouse visa from there considering my period of overstaying? I have always making applications with the HO and regularly reporting to them. never absconded. Can anyone help please?

Hi there,

As long as you have no criminal records that may make your spousal visa application more difficult. You may need to return to your home country to apply for a spouse visa to return and as long as your marriage is genuine, you're more likely to have your spousal visa granted.

Good luck with your applications

[Frontier Mole]

An application made inside the UK should not be overly impacted by your overstaying.
Your attempts to regularise your stay since 2014 are essentially meaningless so best not look at that as a positive.
Would applying from overseas be treated any differently in law - no. All it shows is a willingness to accept your lack of immigration status in the UK.
The downside of applying outside the UK is that you are stuck there if refused and during any appeal process.

[mallick73]

Thank you so much for all the replies. It is a very important and difficult decision of my life. But I do respect all your concerns and suggestions.

One thing is that I have relatives in the Republic of Ireland so If I go there and apply from there, would that be in any way feasible or possible? someone suggested me this. Sorry if It sounds crazy.

[CR001]

One thing is that I have relatives in the Republic of Ireland so If I go there and apply from there, would that be in any way feasible or possible?

You need a visa to go to Republic of Ireland. Highly unlikely you would get one as a person in the UK with no legal status.

The UK and Rep of Ireland share immigration information.

[Frontier Mole]

And you have to have settled status or long residency such as a student or work visa in the country if application if you are not applying in the UK.

[samwise1]

If you have always tried to regularise your stay, through what means and what were the out comes? Hope you were not just making frivolous applications?
What is your current leave or visa that you hold, presume you have statistics hence why HO did not interfere with your getting married in UK after giving notice.
Do note that on the whole you stand better chances of getting spouse visa on spouse route if you return and apply from home country.

Hi Amazonian,

I apologise for barging into someone else's post. I'm curious about what you mean by the highlighted section. (I'm in the same position as the author but have already submitted my application.) But I know that HO was aware of my circumstances and that I was an overstayer about four years ago.

[Frontier Mole]

There is a distinct difference from historically being an overstayer and a current overstayer.
If you mean you have been an overstayer for 4 years and currently remain as an overstayer that is distinctly different to was an overstayer 4 years ago but gained leave thereafter.
Do you currently have leave to remain?

[mallick73]

Hi samwise1,
Can you please message me privately regarding submitting spouse visa. I also need to get guidance regarding it. I would appreciate your help!

[Casa]

Hi samwise1,
Can you please message me privately regarding submitting spouse visa. I also need to get guidance regarding it. I would appreciate your help!

As a new member, you don't yet have access to the PM facility.

[samwise1]

There is a distinct difference from historically being an overstayer and a current overstayer.
If you mean you have been an overstayer for 4 years and currently remain as an overstayer that is distinctly different to was an overstayer 4 years ago but gained leave thereafter.
Do you currently have leave to remain?

Hi Frontier, Thanks for replying back.

I should've clarified better; I've been an overstayer since 2009 and got civil partnered in June 2021. HO was aware of it as I was reported for illegal work. I spoke to the Police about it, and they referred me to HO. HO wanted to speak to me, but I said I needed a lawyer, and then there was nothing. Everything went quiet from their side. They never even pursued me when I sent in the notice for a civil partnership. I submitted an EUSS application, which was refused due to eligibility issues, so I didn't appeal just put in my FLR M {FP} application on February 24.

So my question is, I've been told by my previous lawyers, plus current ones, too, that if they didn't pursue you before when I was in their grasp, this would give my application a little bit of a boost as they already know everything about me and could've caught me whenever they wanted. Hence, I was curious about Amazonian comments.

@malik: The people who replied to your questions are absolutely right. There are only 2 ways as above. Why I'm saying that is because I spent 8K Plus VAT on my current lawyers, and they're damn good, as you can tell the difference between money-makers and genuine ones pretty easily. They made an effort to get the right documents but also gave me full information with extreme honesty.

The issue is that both routes carry risks to some degree, depending on your appetite, to be honest. (Go back and get a visa. Or stay here and wait for 11 months on average. If you are refused, then court time, which is also lengthy due to asylum issues, etc.)

[Frontier Mole]

So my question is, I've been told by my previous lawyers, plus current ones, too, that if they didn't pursue you before when I was in their grasp, this would give my application a little bit of a boost as they already know everything about me and could've caught me whenever they wanted. Hence, I was curious about Amazonian comments.

Non action by the Home Office is meaningless. While you remain without leave you are not gaining anything nor are you building a better case to achieve whatever visa you are applying for.

[samwise1]

I hear you, spot on couldn’t argue against that tbh thanks Frontier.

[mallick73]

@malik: The people who replied to your questions are absolutely right. There are only 2 ways as above. Why I'm saying that is because I spent 8K Plus VAT on my current lawyers, and they're damn good, as you can tell the difference between money-makers and genuine ones pretty easily. They made an effort to get the right documents but also gave me full information with extreme honesty.

The issue is that both routes carry risks to some degree, depending on your appetite, to be honest. (Go back and get a visa. Or stay here and wait for 11 months on average. If you are refused, then court time, which is also lengthy due to asylum issues, etc.)

Thankyou so much for your reply and suggestion. I just want to know more detail from you regarding your application you made for FLRM. I cant pm you as I am not allowed here. Can you pm me, if you can?

[samwise1]

You can keep messaging here it's easier with other's input. More brains better then just one

[CR001]

I cant pm you as I am not allowed here. Can you pm me, if you can?

You dont have access to send or receive PMs!