My Overstay Explanatory Letter... good or bad?

[sabah84]

Hi I am so sorry this is so long below... but I had to write an Overstay Apology/Explanatory Letter for my Uk Spouse Visa Application which I will be sending off soon. I would loooove if anyone who can take the time to read this and point out to me what they think.... Its all the truth of what happened regarding my Overstay and yes I know its a confusing story but its all the truth and I can't go wrong with being honest...

Any advice...opinions...wording mistakes...ANYTHING AT ALL... i would love any kind of feedback and I want to say a BIG THANKS to those who take time to read it and get back to me!





Dear Sir/Madam,

My application includes an immigration rejection from May 2009 for which I would like to deeply apologize.

The rejection was due to the fact that I overstayed a Visitor Visa from September 2004 until October 2008. During the start of this time, I seeked advice from a lawyer and was given incorrect information about United Kingdom's Immigration Laws. I was told I could obtain Settlement while in the United Kingdom. My lawyer, at the time, worked on my case for a very long period. At times, weeks would pass by when I was not able to get a hold of him due to him being out of town. This happened numerous times. Eventually, through my Brother In Law's research, I became aware that it was not possible to obtain settlement while in the United Kingdom. I was advised wrong through this lawyer. I made plans to return to the United States immediately and apply for this Visa with the proper procedures. Before I had even booked my flight, my mother had phoned me to tell me my father was very ill in hospital and I needed to be there as soon as possible. My father was in hospital for kidney failure and gangrene due to his diabetes.

I returned to United States on October 17 2008. My plans had changed and I did not travel with the intention of applying for my Spouse Visa. There was nothing else I could think about except for being with my father straight away. I was very concerned and anxious about his poor health. I simply just wanted to spend time with him. Little did I know that he was going to pass away 7 days later.

In the midst of arranging my father's funeral, I was also helping my sister move into her new home. There was a lot going on and my family and I were very stressed but trying to hold it together. After a couple of weeks had passed by, I had planned on booking a ticket to return to the United Kingdom so that I could spend time with my husband. I needed to pull myself together and be sane again. Only a few days later, without my acknowledgment, I realized I had lost my passport. I could not find it anywhere. The house was a mess due to my sister moving as well as my mother cleaning it out since my fathers death. A lot of things were thrown out and I knew somewhere in there, my passport got caught in the middle. I applied for a replacement passport straight away. When I recieved it, I booked a ticket to return to the United Kingdom on November 18 2008.

I arrived at London Heathrow Airport on November 19 2008. Upon my arrival to the Immigration Officer, I was not questioned regarding my previous overstay, although I was prepared to answer any questions if needed to do so. This was in my expectation as I was aware of my previous overstay, but I was simply stamped with a 6 Month Visitor Visa from November 17 2008 - May 17 2009. I was asked normal routine questions regarding who I was visiting, the purpose of my trip, and where I would be staying. I had told the Immigration Officer I was visiting my husband in Birmingham and that I planned to return before the end of my Visa in order to apply for my Spouse Visa from the United States.

The time I had in these 6 Months to be with my Husband helped me deal with my Father's recent death. As April approached, I started to prepare for my return to the United States in order to apply for my Spouse Visa. I also seeked advice from a new lawyer just to make sure I was following the proper procedure again. She had advised me with two options. I could either return to the United States in order to apply, or she could apply for me from the United Kingdom, but this was for Indefinite Leave to Remain. She stated that since I had been in the United Kingdom for quite some time before, and the prospects of my case were good, she thought there might be a good chance for myself to obtain Indefinite Leave to Remain. I had a few days to think about this, but came to the solution that I did not want to go this way. I was not going to get myself into the same situation as before and I especially did not want to risk overstaying my Visa once again. I returned to the United States on May 1 2009 in order to follow the proper procedures.

Upon my arrival in United States, I started research on how to apply for my Spouse Visa straight away. I did not realize until doing further reseach that obtaining a United Kingdom Spouse Visa could take up to 12 weeks. I knew I was going to be in the United States for quite some time once I became aware of this, and wished to re-enter the United Kingdom in order to pick up some of my personal belongings as well as a few missed documents.

On May 11 2009, I flew out from Newark Airport, New York. I arrived at London Heathrow Airport. I arrived at Immigration Control and handed my passport to the Officer. He asked me routine questions. I told him I was returning to the United Kingdom in order to pick up my personal belongings and some documents, then returning within a week back to the United States. He also questioned me on my marriage, and asked for my marriage certificate. I did not have this with me at the time. I told him that I was aware I had overstayed previously, but I was only returning to pick up a few things to apply for my Spouse Visa as well as some personal belongings. After 5-10 minutes, he told me I would be detained and they would need to investigate further in order to make a decision. I was very well aware that because of my previous overstay, I could be refused entry into the United Kingdom. I had told the Officer that my intentions were genuine and I was returning to the United States after a few days. Since my previous overstay, I did not wish for this to happen again. I wanted to make things right, and follow proper procedures.

I was interviewed and after about 2 hours, I was told I was refused entry into the United Kingdom. The officer was not satisfied that I was genuinly seeking entry as a visitor for the limited period as stated by me. This was because of my previous overstay. He also did not believe I was genuinly married. Therefore, I was refused entry into the United Kingdom.

I admit 100% to my overstay. I was unaware of United Kingdom's Immigration Law, and when I seeked advice, I was mis-guided. During my overstay period in the United Kingdom, I would like to state that I did not seek employment or work at all. I did not rely upon public funds for support, and I lived with my husband during my entire stay. On the other hand, I did use the NHS because I visited the Emergency Room with any health problems. I also recieved my Provisional Driving License and opened a bank account with Barclays. Although, my bank account was opened recently in February of 2009 while I was on a 6 Month Visitor Visa. I am aware now that while I was an overstayer, I was not eligible to apply for a United Kingdom Driving License, and most of all, use the NHS. I would like to state that I did not know of these rules, and if I had known, I would not have done so. I was only aware that I could not work in the United Kingdom, and could not rely on Public Funds.

I would like to sincerely apologize for my overstay. I did not wish for this to happen, and if I were advised correctly through my lawyer at the time, I would have returned to the United States immediately. I acknowledge the fact that I could have seeked advice elsewhere, but as I was not aware of United Kingdom's Immigration Law's then, I relyed on my lawyer. I trusted his advice and followed his words.

I hope this serves to clarify my overstay.

[vinny]

The rejection was due to the fact that I overstayed a Visitor Visa from September 2004 until October 2008. During the start of this time, I seeked advice from a lawyer and was given incorrect information about United Kingdom's Immigration Laws. I was told I could obtain Settlement while in the United Kingdom.

Did you make any application for further or indefinite leave to remain before your visitor leave had expired? If you did, what happened?

[newperson]

It's not a big deal, but it'll be extremely annoying to any bureaucrat who reads your apology letter...

The past tense of "to seek" is "sought". (pronounced "sot")

- I seek.
- I sought.
- I have sought.

This error is peppered throughout your letter, and it's like nails scraping down the chalkboard every time it pops up. Good luck otherwise!

[sabah84]

Hi and thanks for replying.

No I did not make any applications to Home Office for any type of Visa. My lawyer at that time was only wasting time collecting documents and half the time we would contact him, he would be "out of town" or "death in the family". This happened QUITE ALOT.

This is the first application I will be making now. My UK Spouse Application here from USA. I am doing this all on my own as I can't afford anymore lawyer fees.

[John]

sabah84, when and where did you get married?

And your husband? Is he British? If not, is he EEA? If not, what nationality is he, and what is his UK immigration status?

On the other hand, I did use the NHS because I visited the Emergency Room with any health problems.

A visitor to the UK is perfectly entitled to do that, so I suggest you delete that sentence. You were breaking no rules visiting A&E.

[sabah84]

Hi John - thank you for taking time reading my post... Here are the answers to your questions:

I got married on October 10 2004 in Birmingham, UK. At the Birmingham Registry Office.

My husband is British born, so he is a citizen in UK. He's living in his hometown, Birmingham which is where we plan to live together.

I used the NHS during my Visiting period and also during my Overstay period. As my letter says I overstayed 4 years, and I used NHS a few times thru that time. I never registered with a doctor, I would just visit A & E anytime I had a problem. I recently registered with a doctor during my 6 Month Visitor Visa period from Nov 2008- May 2009.

[John]

I really would remove all references to use of the NHS from your letter, given that there was no problem you using A&E while you were here.

But a general comment .... that letter is far too long. I think you are failing to take into account just how busy ECOs are.

Your husband is in employment? There are no problems passing the financial and accommodation tests?

[vinny]

See also Four steps to better writing, a handout based on Style: Ten Lessons in Clarity and Grace.

Making Sense > pdf.

The the impotence of proofreading.

[eldane]

I see you claim this, you claim that but what if you could actually substantiate it by letters to/from the solicitor.
Even if you do not have any correspondence,you could mention the name and address of this before mentioned solicitor. This would add much more support into your claim.

Michael

[sabah84]

Hi thanks for getting back to me everyone.

Everything else is pretty much in order, finances, accomodation, ect. No other problems.

Letter too long? I was told to disclose EVERYTHING. I thought using the NHS during my OVERSTAY period was illegal?? Can someone please clarify this for me? I'm confused now...

Also, I can mention my lawyers information as I know that will help.

Thanks for all the help

[eldane]

you better just avoid the subject by leaving out any reference to it.
I would think it is illegal to use NHS as a visitor as that would be recourse to public funds and NHS is public funds in my eyes.

The very same reason for one being requested a travel insurance that covers access to non urgent medical attention.

Michael

[John]

I would think it is illegal to use NHS as a visitor as that would be recourse to public funds and NHS is public funds in my eyes.

Sorry, incorrect, on two grounds. Firstly use of the NHS is not within the definition of Public Funds in para 6 of the immigration rules. But there are totally separate regulations that govern who can, and who can't, use the NHS, either fully or on a limited basis.

And those regulations make clear that there is no problem anyone physically in the UK using/needing to use :-

• paramedics who have been called out to you
• the ambulance used to transport you to A&E
• treatment in the A&E department

-: all without charge.

Charges would be applied if the visitor etc needed to be transferred to ward and/or theatre .... just when it starts to get really expensive. Which is of course why any visitor to the UK needs travel insurance, including adequate medical cover.

[eldane]

John, you are confirming precisely what I am saying

The very same reason for one being requested a travel insurance that covers access to non urgent medical attention.

any urgent medical attention is not recourse to public funds. However, for example, a delivery (child birth) would be if theres no complications involved where as a by pass operation would be considered urgent if it was the outcome of a heart attack.

Michael

[John]

John, you are confirming precisely what I am saying

No I am not! The words of yours I quoted are totally and utterly wrong.

The OP states in the draft letter that they went to A&E. Nothing wrong with that, and it certainly is not illegal.

[eldane]

John, you get your way and I get peace.

• paramedics who have been called out to you
• the ambulance used to transport you to A&E
• treatment in the A&E department

Is that not urgent treament? I think so. I was NOT refering to the OP's letter but general rules. Speaking of the OPs letter why mention the use of NHS if, as you say, there's nothing wrong with it?

[John]

Sorry, you really have not got a good grasp of this matter :-

any urgent medical attention is not recourse to public funds.

It is not so much whether it is urgent or not, but where the treatment is being carried out, Scenario :-

A visitor to the UK is found collapsed in the street. An ambulance is called. The person is treated at the scene by the paramedics .... free! They are then transported to A&E in the ambulance .... free! They are then treated in the A&E department .... free! But then, unfortunately they need to be moved to a ward, and/or treated in theatre ..... not free! (Even if it is urgent!)

And again, no use of the NHS could possibly be "recourse to Public Funds", given that the definition of Public Funds in para 6 of the immigration rules does not include the NHS, or indeed anything health-related.

Speaking of the OPs letter why mention the use of NHS if, as you say, there's nothing wrong with it?

Because in my opinion the letter is far too long, and unnecessary detail should be removed. But they have been advised to write an epic, but in my opinion, doing that will delay the process, until the ECO finds time to wade through all of that.

[sabah84]

I really dont understand if using the NHS is right or wrong while an OVERSTAYER. Not a visitor, AN OVERSTAYER.

I went there everytime I had any health problems as I knew I could not go to doctors (couldnt register with any as a visitor/overstayer) so my only option was A&E.

I mentioned this and more in my letter because I was advised by a immigration advisor to DISCLOSE EVERYTHING. So I am stating everything I have done during that time in UK so nothing looks like Im hiding it.

Is it ok to use NHS while in the uk as an overstayer or not? A couple times I was also prescribed pills which my husband would have to pay for. Also, I got birth control pills.

I feel like I should disclose all this even if it was legal... just cus its part of my story in the UK and waht I did durign that time.... am i right????????

[John]

Is it ok to use NHS while in the uk as an overstayer or not?

Within the limitations previously detailed, yes, it is OK for anyone to use the NHS ..... indeed as will be apparent to you, they don't even check ..... and why should they, there is not an issue.

But on attending A&E, had you needed to be transferred to theatre and/or ward, believe me, they would have most certainly checked if treatment was to be free, or chargeable. It is not whether is would have been illegal or not, but simply whether such treatment would have been chargeable or not. But if the treatment was urgent they would not have refused to treat you, but would have issued a hefty bill afterwards.

As regards what you put in your letter, totally up to you. You have my opinion on that, and I really can't add to what I have already posted.

[republique]

Your original letter is the worst apology I have ever read. And then you get argumentative with John about what is covered medically. Who cares? The stuff you put in the letter is so unnecessary, it shows how little understanding you have of others, in this case, UK immigration policy and how involved you are with yourself. It is not about you. It is about ingraciating yourself to the HO.

Hi I am so sorry this is so long below... but I had to write an Overstay Apology/Explanatory Letter for my Uk Spouse Visa It is ridiculously too long and annoying





Dear Sir/Madam,

My application includes an immigration rejection from May 2009 for which I would like to deeply apologize.

.

Your letter is way too long and when I read it, I get irritated because as much as you apologize, I almost feel you are taking the mickey.
You overstayed ok, bad girl, you tried to convert a visitor visa to a settlement visa, a big no no even though it was upon bad advice. You are responsible because you applied for a visitor visa which means to visit NOT convert it to settlement so ignorance is no excuse.
You came back after overstay, not too bright, if you are so genuine and innocent and mean well, then why would you come back and take advantage of the UK's hospitality. Yes you had a personal tragedy but it occurred in the USA so stay there or have your spouse come to you, not come back and try to push the envelop of the UK's hospitality.
You came back again and got caught, pretty annoying, and you expect sympathy from the HO. I'd just throw your application out in disgust. You should have had the documents mailed out to you. You didn't need to come back again for those documents. It just looks like you have no regard or respect for the UK immigration rules, no matter how much you apologize. Your apology is so bad, like I said, it would make me want to throw it out, if not, reject the application. You need to come off more savvy than how you wrote it. You completely show you have no clue that you shouldn't have even returned after the overstay without sorting out your visa. This ignorance would not make the case officer thrilled to approve your spouse visa.
As a spouse visa is generally approved despite overstay, all this letter does is put salt in the wound.
Shorten it in the manner I have edited above.

[John]

republique, great! That (much shorter) draft letter is just what is required.

[sabah84]

Ok, thank you so much for your advice.

This is why I posted my letter on this website. I needed advice. I thought maybe it IS too long, but I was told to disclose everything. I feel that if I keep it brief and simple, I might not cover all the points, and they might think I am hiding some things??

So I asked an immigration advisor for some advice and she advised me to disclose everything. Not leave anything out. This is exactly what I did. My story the past 4 years is a lengthy one, so I really cant dosclose everything short and simple.

I was advised not to write it as an apology letter, but to write it as an EXPLANATORY LETTER.

I guess I will seek professional advice on writing this. Thanks for the help anyways.

[republique]

Ok, thank you so much for your advice.

This is why I posted my letter on this website. I needed advice. I thought maybe it IS too long, but I was told to disclose everything. I feel that if I keep it brief and simple, I might not cover all the points, and they might think I am hiding some things??

So I asked an immigration advisor for some advice and she advised me to disclose everything. Not leave anything out. This is exactly what I did. My story the past 4 years is a lengthy one, so I really cant dosclose everything short and simple.

I was advised not to write it as an apology letter, but to write it as an EXPLANATORY LETTER.

I guess I will seek professional advice on writing this. Thanks for the help anyways.

It is beyond too long.
Since you don't get it and don't know how to listen
I have removed my letter.
You are really doing well with your professional advisors so go for it.

[vinny]

republique, great! That (much shorter) draft letter is just what is required.

I have removed my letter.

Sorry that I missed seeing it

[sabah84]

Hi Republique

I am really sorry you think I dont appreciate or care about your letter you wrote to give me an idea of how it should be written. I was really happy and appreciative to all your help and time you spent helping me.

I was just writing a thank you for that and as soon as I was going to click submit, I noticed you deleted the letter. I am so sorry I was just trying to say in my previous reply that I was told to write a detailed explanatory letter but I as well thought it was a BIT too long!! You were right.

I would be really grateful if you could post that letter back up as I would like to use it as a guideline. You did really good summing it all up short and brief. I am sorry if you think I didnt appreciate it.

Anyways, its up to you, but either way thank you very much for the help and time.

[republique]

Hi Republique

I am really sorry you think I dont appreciate or care about your letter you wrote to give me an idea of how it should be written. I was really happy and appreciative to all your help and time you spent helping me.

I was just writing a thank you for that and as soon as I was going to click submit, I noticed you deleted the letter. I am so sorry I was just trying to say in my previous reply that I was told to write a detailed explanatory letter but I as well thought it was a BIT too long!! You were right. (And there was another point that you don't seem to understand or ackhowledge which pretty much tells me, its pointless to repost the letter, you would just ruin it)

I would be really grateful if you could post that letter back up as I would like to use it as a guideline. You did really good summing it all up short and brief. I am sorry if you think I didnt appreciate it.

Anyways, its up to you, but either way thank you very much for the help and time.

Hey sabah,
Maybe you do appreciate it, but just like your actions with UK immigration, it belies your words.

You dont overstay on a visitor visa, then come back again and again and get caught and say oops, I'm sorry.

You don't say thanks for your advice but I am going to seek professional advice. Thanks for your helps anyways. It usually means I am moving on with something else. It doesn't mean I am really happy and appreciative to all your help ...

So there you go, seek professional advice. Sorry. You can't have it both ways.

Good luck.