overstayer application affected by new laws?

[Jennieclark]

I've been with my husband for 2 1/2 years and we married in February 2012. We submitted our application to ukba on 30th march. Shortly after we submitted our biodata. He was an overstayer.

I'm a British cz he's Colombian.

will we be affected by the new rules or be assessed on the old rules which applied pre 9th July? Our lawyer is giving us mixed stories!
I got a second opinion and the other lawyer said we would be assessed on old rules which will be good!! In the event of A rejection does anyone know if we will be able to appeal?

any advice would be welcomed

Jennie clark

[Greenie]

The old rules didn't allow overstayers to be granted leave as a spouse under the rules. Applications were always considered outside the rules and if successful discretionary leave was granted. The discretionary leave policy no longer applies unless a person is applying for an extension of discretionary leave or their appeal was allowed under article 8 grounds before 9th July. Your husbands application would therefore be considered under the old rules but fall for refusal and they would then consider whether your spouse qualified under the new 10 year route instead of discretionary leave.

[Jennieclark]

Thank you it's all so confusing. I'm at my whits end here and I'm just keeping everything crossed that he dosent get refused

[Greenie]

Do you have children? When did his leave expire?

[Jennieclark]

No we don't have any children yet we were planning on them next year. His visa expired march 2010

[Greenie]

Why didn't he return home to apply? I think you need to prepare yourself for the fact there's a high chance he'll be refused. He won't get a right of appeal unless they make object decision to remove him with the refusal (which they usually don't do)

[Jennieclark]

Well when we decided to marry our lawyer advised us to marry here as there was a lesser chance of refusal. That was obviously before 9th July though......

[Jennieclark]

After speaking to my lawyer today he's basically said that they will be more lenient as I applied before July but at some stage they will say.....why can't my husband leave the uk and re enter. I have epilepsy and from when I was diagnosed 10 years ago And put on meds I've been seizure free, the stress of all this brought on a massive seizure-it's a good job my husband was here as there's a good chance I wouldn't be here to tell the tale. I think my doctor would argue that an appeal and a return to Colombia would cause me further unnecessary stress with a high chance of more seizures. Has anyone heard of this being good grounds for an appeal?