Overstayer and have sent FLR(O) form but invalid due to pics

[fevr]

Hi,

First posting here.

OK, partner is an overstayer from South America since Jan 2012. We've contacted a solicitor who helped put together our FLR(O) form but we sent in passport photos that were too small (we used left over passport photos from her country ) so it's been returned after two months with UKBA.

Apart from the time it takes - I've heard it can take six months!!! She was planning to get back to South America for a work meeting in October so this has screwed things up totally.

We want to get married after I get my divorce through (two years + seperated from previous marrage) hence us applying for descretionary leave to remain to give time to do things properly.

I looking for options other than her going to this meeting and then trying to return to the UK on another passport which I'm sure won't work and will worry me stiff?

There is the premium service but is it any good - we've spent £2000 so far and have little to show for 3 month prep

We've spoken to the UK embassy in her country - I've heard that going and getting married abroad and then coming back to the UK works but what if they don't let us both back in?

Also, now that we have applied and they know our address, what's to stop UKBA knocking on the door?

Thanks for any advice

[vinny]

It's inconceivable why they just don't ask for new photographs.

Unfortunately, overstayers may not apply in-person.

See also Should I stay or should I go? and 320(11).

[Mr Rusty]

"what's to stop UKBA knocking on the door?" - nothing, and it is a possibility.

You should also take note of Vinny's reference to Para 320(11) of the Immigration Rules. If you subsequently get married and make a settlement visa application, her overstay on its own doesn't count against her. However, if she chooses to remain in the UK as an overstayer after having had an application rejected, she might well be perceived by an Entry Clearance Officer as having contrived to "frustrate the intentions of the Rules".

She should give serious thought to returning home as soon as possible and making an application after you get married out there.

You have evinced no serious compassionate or other grounds for her to remain in the UK. Discretionary Leave to Remain isn't some catch-all for people who've overstayed and would really rather not go home. Perhaps your solicitor should have told you that.

[Greenie]

What is your immigration status in the UK? How long have you and your partner been together? What was her immigration status prior to overstaying?

[fevr]

I'm a UK national, we've been together a year+, she was on a visitor visa - she is a doctor doing research but no working or using public funds. She gets rent money from an apartment she owns in South America