Overstayed visitors, spouse visa next? Child is in UK, help!

[toongirl1892]

I feel like I don't even know where to begin.

I'm a US citizen, my husband is a UK citizen, I have a US citizen daughter (different marriage). We travelled to the UK in Sept 2013 to visit family while I was pregnant 31 weeks. I had complications during my stay, so I was advised to deliver our son in the UK. My US health insurance paid for the bill.

We put in our FLR(O) application before the 6 month deadline as we were going to stay in the UK. (It was sent back stating there were not enough documentation, but we didn't see the refusal letter that was tucked and folded inside until later.) My daughter and I overstayed our visitors visas. My daughter went back to the US before over staying 90 days, I went back to the US after overstaying 90 days. We had to travel back to the US for an emergency purpose and couldn't get approval before travelling.

Our son was born in October and is a UK citizen. My son is with my UK husband right now. I'm completely heart broken. Every. Single. Day.

I don't know where to begin. I don't know how to get back into the UK.

What forms should we fill out?
Do we now have to file for settlement?
Will we face an appeal?
How long with I be without my family?
What do I do about my previous FLR(O) application?

I'll contact or fill out whatever paperwork necessary to get us back to the UK. What should I do?

**Thanks in advance for any help. I'm not stupid. (Well, I try to tell myself that.) I knew I wouldn't see my family for a few months, but just want to find the quickest way back.**

[vinny]

if you wish to eventually settle in the UK, the see also Apply to join family living permanently in the UK, subject to 2.

Previous overstay shouldn't count against you, if applying for a spouse visa.

[toongirl1892]

Thank you Vinny for responding, and easing my mind. Will we have a problem if my husband doesn't meet the financial requirement? Would we be considered under Article 8 as our son is a UK citizen? Thank you kindly.

[Wanderer]

Thank you Vinny for responding, and easing my mind. Will we have a problem if my husband doesn't meet the financial requirement? Would we be considered under Article 8 as our son is a UK citizen? Thank you kindly.

You still need to meet the financial requirement, £22,400/pa assuming you and your daughter. Form is VAF4 apply at nearest UK Consulate in USA, two application fees I'm afraid, not sure how much it is now, £851 per applicant I think....

Art. 8 won't apply as UKVI will say there's a choice - you all live in USA (I know, that's what they will say, not me!)

https://www.gov.uk/government/publicati ... form-vaf4a

[vinny]

Wanderer is correct. They will probably question why you cannot all live in the US.

However, see also More hope for separated parents with British children.

[toongirl1892]

Thanks Wanderer and Vinny for your help. I've read up on the Zambrano case and realize that while I might get initially denied (most likely will), I could win the appeal. It just breaks my heart to be away from my son for much longer. He is only 8 months old. My husband has also had to cut back hours since I've left. What an absolute nightmare.

[Amber]

You'd fail to meet E-ECPT.2.3 for entry clearance as a parent of a British child. It's difficult to be granted leave to enter under human rights from abroad. You may apply if you can show that you have a genuine and subsisting parental relationship and it would not be reasonable to expect the child to leave the UK, for the partner they would expect that there are insurmountable obstacles to family life with that partner continuing outside the UK. That is unlikely given you are in the US, however, as the child would be leaving the EU the child argument may be more likely to succeed.

[toongirl1892]

Amber,

Thanks for responding. I appreciate any advice coming my way. I have Skyped every day with my husband and son since I've been in the US. He settled there, but has been a bit stressed since I left, which is expected. I do have my Master's Degree in Healthcare Administration, which I hopefully could also use as pull to show I could and would be a productive member of society. What do you think?

[physicskate]

Amber,

Thanks for responding. I appreciate any advice coming my way. I have Skyped every day with my husband and son since I've been in the US. He settled there, but has been a bit stressed since I left, which is expected. I do have my Master's Degree in Healthcare Administration, which I hopefully could also use as pull to show I could and would be a productive member of society. What do you think?

Hi there toon girl (have also answered you on another forum). Unfortunately they do not look at your future job prospects in the UK at all - even if you have a job waiting for you. The onus is on the UK citizen to meet the financial requirements mostly... Do you and your husband have any savings that you could use to meet his salary shortfall?

Unfortunately, if you don't meet the financial requirements, this might be quite a long road for you. Have you thought of settling in the US? The requirements for the US are easier to meet: you are allowed third party support. Also, if you are able to meet the requirements in the future, you would be able to move over as an intact family unit.