SPOUSE VISA FOR AN OVERSTAYER

[Fè_Sedi]

Hopefully I can get some advice from people that have might been in my situation.
Arrived in the uk in 2012 on a tier 4 student visa.
Unable to complete degree due to mental health issues.
Visa expired in 2016 but before it did, I panicked and made a frivolous ILR application hoping to buy me some time before going back home.
Application was refused as expected in august 2017 and a removal order was issued.
Fortunately I was not home when officers came to enforce order so at this point I’m an overstayer.
Met now husband November 2017 and lived together till July 2019 when I voluntarily left UK after purchasing own ticket.
Three months later in October 2019, we officially tied the knot and now have a one year old daughter.
He’s back in the uk now and I’m hoping to join him.
What are my chances of being granted a spouse visa considering my immigration history?
He meets the financial requirement as it seems it’s an important part of the application

[TODMATT]

The fact you made a frivolous application made things complicated for you so you are likely going to be refuse for your entry clearance application paragraph 9.8.2

9.8.2. "An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding."

You can make a new application and apologise profoundly on your previous breach of immigration rules in the hope that the entry clearance manager will consider your application.

[Fè_Sedi]

The fact you made a frivolous application made things complicated for you so you are likely going to be refuse for your entry clearance application paragraph 9.8.2

9.8.2. "An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding."

You can make a new application and apologise profoundly on your previous breach of immigration rules in the hope that the entry clearance manager will consider your application.

My lawyer says my immigration history won’t affect my spouse visa application considering a child is involved now but thank you for the advice.

[TODMATT]

The fact you made a frivolous application made things complicated for you so you are likely going to be refuse for your entry clearance application paragraph 9.8.2

9.8.2. "An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding."

You can make a new application and apologise profoundly on your previous breach of immigration rules in the hope that the entry clearance manager will consider your application.

My lawyer says my immigration history won’t affect my spouse visa application considering a child is involved now but thank you for the advice.

Your immigration history says otherwise because you have previously contrived to frustrate the intention of the rules by making frivolous application to stay in the UK irrespective whether you have a British children or not, you can fight for that in the court because it's an human right application and if your application was refused, you can appeal at the first tier tribunal.

[Fè_Sedi]

Hello everyone,

Silent member here
Hopefully I can get some advice from people that might have been in my situation.
Arrived in the uk in 2012 on a tier 4 student visa.
Unable to complete degree due to mental health issues.
Visa expired in 2016 but before it did, I panicked and made an ILR application hoping to buy me some time before going back home. This application I deem as frivolous and was the only application I made.
Application was refused as expected. In august 2017 and a removal order was issued.
Fortunately I was not home when officers came to enforce order so at this point I was an overstayer.
Met now husband November 2017 and lived together until July 2019 when I voluntarily left UK after purchasing own ticket.
Three months later in October 2019, we officially tied the knot and now have a one year old daughter.
He’s back in the uk now and I’m hoping to join him.
What are my chances of being granted a spouse visa considering my immigration history?
He meets the financial requirement as it seems it’s an important part of the application

Thanks

[CR001]

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