urgent advice needed

[slim]

pls i need urgent advice, i am a visitor to uk with 2yrs multiple visa, my husband has indefinate leave to remain, we got married nigeria in may 06, we had a son last year in uk, my son gotten his british passport already, I want to apply for FLR here in uk, coz i would not wish to go back home to apply coz i can't leave my son alone here coz my hubby works full time and am stay at home mom, Also i am scared coz i was refused student visa in may 2006 ( with right to appeal) and i believe it might affect the eco's decision esp since i did not state in my application form that i had a son or had just got married. i was scared if i write those details they will refuse me becos they will think am just looking for ways to be with my hubby and son not particularly interested in studying.

Can i apply here in the uk outside immigration rules based on the family act ( article i know they will still refer to my files with the ECO, but while that is going on i will be with my family here.Do you think i have a case, can i apply based on the fact that am the mother of a 18moths old baby who is british who definately needs both his parent at this time of his young life, Or do you know any other options available to me that would not involve me going back home to apply. pls urgent reply needed.

[London coool]

A Visitor can not vary their visa terms to settle in the UK. The HO also frown at such applications. If you told the IO when you arrived that you were coming to settle with your Hubby & Son you could have had your Visit visa cancelled on all 3 grounds of "Change of purpose" , "change in circumstances" and "concealment of material information/facts" to the ECO and refused leave to enter the UK by the IO.

You can legitimately apply for a spouse visa in your home country without any prejudice to your previous application with the ECO.

The argument of invoking Article 8 (i.e Right to Family Life) of the Human Rights Act in order to stay with your son/husband does not hold much ground as a visitor. In your VAF for a visit visa you did mention your reasons for going to UK to visit not to settle. The official response line is that you can still enjoy your right to stay with your son in your home country.

[slim]

thanks for your reply, i have to start considering your advice about applying from outside the uk, I am just scared since i have not been straigth. I don't want to be stuck back home, becos my husband has a full time job so he won't be able to stay with us esp since we have bills/mortgage to pay.

but do you have any idea how long the process takes and how long the appeal takes too but i pray it doesn't get to that stage.

my 2yrs multple expires next year, but this november its going to be 6months since i came into the country.

when is the right time to go to nigeria to submit my application??? this year before november or before my visa expires next year.

Do i tell the eco about overstaying last year when i had my baby am so confused pls i need further help someone!!!

what if they ask me why didn't i say i was married or that i had a baby when i renewed my visa last year and when i applied for student visa this year too. i just wish i told about the above. what is the way forward how can i correct this mess i got myself into.

would it be best for my husband go with me and will he be allowed in during the interview process.

[slim]

Can i beg for a moderator or someone pls to reply my last post please, am new to this board and i really don't know how this things work. please someone spare a few minutes to respond to me. a very confused woman. thanks

[Abiola]

1. I don't think you could switch in Uk except you come back with a student visa.i.e nothing stops you from going back home to re-apply for student visa,that depends on the reasons for 1st refusal. however,it appears as if you have not been resident in nigeria fo some time now which would raise question as to whether you'll go back after studies.
2. Please do not overstay the 6 month limit of the visitor visa..I mean go home before it expires you could come back the next day.
3.You could apply as a dependant of your husband the next time you go home.

[slim]

thanks, am planning on going back home to make a spousal visa application soon, i have been in and out twice already this year but overstayed the year before, but i think they will wonder why am not applying for student visa instead of the spouse one since am now married. since our wedding in may we have applied for my son's bristish passport and got it issued in august, So i feel they now have me and my husband in their records. I am sorting out my documents for the applicaion also ampraying all goes well at the bhc back home. Does anyone knows how long it takes in nigeria to get an interview date and also how long the appeal takes?

[John]

I confirm what has already been posted .... you need to return to your country and apply for your spouse visa there.

The UK Government introduced a "no switching" policy on 01.04.03. It simply got fed up with the numbers coming here on visitors visas and then applying for their spouse visa in the UK. Accordingly it is no longer possible to apply for the spouse visa in the UK ... except in truly exceptional circumstances ... such as if someone comes from a small volcanic island country and the volcano is erupting ... something as obviously exceptional as that.

If you have not already done so go to this webpage and then download the VAF2 application form and the INF4 Guidance Notes.

[slim]

Hi just want to find out will it be to my favour to add my bank statement and bt bill in my name or such to show we actually lived at same address in the uk (i overstayed during those times)

how will it affect my appication?

do i tell them about overstaying or just wait to see if they find out?

if they ask why didn't you include that you were married and had a child in your refused student visa application, which was refused in may 2006( got married a week before the application but had a child in 2005) what can i say?

just need to get this major bit sorted before going to my country to apply.
thanks slim