Overstayer on a Spouse visa with a child

nursetaylor1 · Post by **nursetaylor1** » Sat Jan 03, 2009 2:41 pm

Hi Everyone

i am new to the Forum, and would apprecite some advice and help. My friend arrived in England in March 2005 on a 2 year Spouse Visa, which expired in March 2006, my friend and her husband had forgotten to apply for her ILR, so in April 2008 she got a visit from the UKBA Officers and Local Police Officers, they came to her house very early in the morning and demanded to come into the house, which they did, they went into her house and asked who everyone was, she explained herself, her husband and son lived there, they asked to look at the child's birth certificate and requested to see her passport immediately, they explained to her that her visa had run out and why she had not applied for ILR, her aand her husband explained they had forgotton and was not ware on what the procudures where and what to do. They took her passport away and stated that she must go to the local police station every week to sign in, so they know she has not absconded, and she must go at study ESOL in order to obtain ILR, she stated the the UKBA Officers stated that if she did not have her son, she would have beeb liable for deportation today, but they will let her off for the sake of her child, my question is is this likely to be true, would they just let a known overstayer stay in the country, for the sake of her child??????? or would there be more to this, as i have read previously on this forum and people with child have been asked to leave regardless, so why would this be any different.

Post by **PaperPusher** » Sat Jan 03, 2009 3:29 pm

Hello

If she does nothing, she may still be asked to leave the UK. She should consider making an application in the UK, or return to her home country and make an application there.

It is harder to remove people if they have British children, but it does't mean it never happens.

She cannot stay reporting forever. If she wants specialist advice, she could see the OISC website to find an advisor in her area http://www.oisc.gov.uk/, or she could try a solicitor who specialises in immigration law - Law society - England and Wales.

Regards

nursetaylor1 · Post by **nursetaylor1** » Mon Jan 05, 2009 12:12 pm

Hi

I am just wondering, if you are called to the Home Office for an Interview and you live in the nort-west of England would you be called for a Interview in Liverpool or are all appointments carried out at the Croydon Office, i asked, as when i have looked on this forum, eveyone always mentions the Croydon Office, not any other offices.

republique · Post by **republique** » Mon Jan 05, 2009 12:29 pm

nursetaylor1 wrote:Hi

I am just wondering, if you are called to the Home Office for an Interview and you live in the nort-west of England would you be called for a Interview in Liverpool or are all appointments carried out at the Croydon Office, i asked, as when i have looked on this forum, eveyone always mentions the Croydon Office, not any other offices.

thats very weird that they raided her, her particularly scenario is the least vile of the overstayers and easily corrected, someone must have ratted her out.

jei2 · Post by **jei2** » Mon Jan 05, 2009 1:04 pm

republique wrote:
nursetaylor1 wrote:Hi

I am just wondering, if you are called to the Home Office for an Interview and you live in the nort-west of England would you be called for a Interview in Liverpool or are all appointments carried out at the Croydon Office, i asked, as when i have looked on this forum, eveyone always mentions the Croydon Office, not any other offices.
thats very weird that they raided her, her particularly scenario is the least vile of the overstayers and easily corrected, someone must have ratted her out.

I agree - seems very harsh treatment especially given the recent concessions towards family members who are also overstayers.

She should start preparing for the Life in the UK test (much quicker than an ESOL course) and apply for FLRM asap.

nursetaylor1, which country is your friend from?

bototo · Post by **bototo** » Mon Jan 05, 2009 2:13 pm

Easy targets help towards meeting targets

nursetaylor1 · Post by **nursetaylor1** » Mon Jan 05, 2009 2:18 pm

My friend told me recently that after the raid, she took the ESOL for Citizenship and has completed it, and that she had an appointment a at the PEO couple of weeks ago and was given ILR without any Problems and have now given her passport back, because they took her passport away when they raided the house as she had to go to the local police station to sign in every week, is this a likely sceanario, or is my friend living in coco land, my friend is from India.

Thanks

Post by **PaperPusher** » Mon Jan 05, 2009 8:12 pm

Not quite the full story from your friend in my own opinion, they only deal with straight forward applications at the PEO.

A case like your friend's would have been taken in for further enquiries, even if leave was eventually granted. They only deal with applications that meet all the requirements of the rules and have all of the required evidence at the PEO, and one requirement is having current leave to remain.

If they had her passport and an application already, they would have posted it to her rather than asking her to go in to the PEO. Unless of course she requested to pick up her passport for urgent travel.

But....anything is possible!

nursetaylor1 · Post by **nursetaylor1** » Tue Jan 06, 2009 9:44 am

so my question is that once she has completed the esol, but is an overstayer and makes an application for ILR is she likely to be granted the ILR, as this is what she has said has happened as she made an application for ILR after completing the ESOL Course and they supposedly granted the ILR at Liverpool and have returned her passport, even though when the home office raided the property she is currently living at was not the address she was registered at, she did not give them an updated address, would this be classed as breach of immigration rules, please adivse, thanks

Post by **Casa** » Tue Jan 06, 2009 11:09 am

So much in this story just doesn't add up.

nursetaylor1 · Post by **nursetaylor1** » Tue Jan 06, 2009 11:21 am

what do you mean??? i can only tell you the information i am told

Post by **Casa** » Tue Jan 06, 2009 11:37 am

I know...but the story you've been told doesn't add up.

nursetaylor1 · Post by **nursetaylor1** » Tue Jan 06, 2009 12:30 pm

What i want to know is by reading the topic from the start, does it seem possibly for someone in that postion to be visited by the Home Office and then told in at the Police Station every week, with her passport taken off her, and then her going on the ESOL Citizenship Course for 16 weeks at a local college, finishing it and then applying for ILR, being called to the Liverpool Office and immediately being granted ILR with her passport returned to her, to me it all seems a bit strange, what i want to know from the experts in the forum is that does this kind of thing happen can someone like my friend be granted ILR so easily??????? Thanks

Post by **Casa** » Tue Jan 06, 2009 4:14 pm

Doesn't sound likely, but then as had been said earlier...strange things happen.

nursetaylor1 · Post by **nursetaylor1** » Tue Jan 06, 2009 4:27 pm

Thank you for your help, i didnt think it was all that easy to be grant ILR when someone is an Overstayer, i think my friend lives in la la la land, but like you said stranger things have happened

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Overstayer on a Spouse visa with a child

Overstayer on a Spouse visa with a child