Notice of refusal of leave to remain due to 4mo. overstay

My case is pretty cut and dry and I think I already know the answer but I'm looking for some advice here. I just received a denial of right to stay in the UK yesterday.

My wife and son (3 years old) are both British citizens. We came here early last year (2006) from the US with me on a visit visa on her father's (born and lived here all of his life) advice. Turns out this was bad advice but we can't do anything about that now.

Due to (excuse, excuse, excuse, mostly financial) we did not apply for my right to stay here until early in 2007, four months longer than my permitted stay given my visa. Reassurances that all would be just fine from that same misguided father also kept us from doing the lawful and correct thing.

At any rate, I just received a response today that my application was denied.

I understand that I must leave the country and apply for a right to stay from my country of origin (the USA).

What are my chances of not having to do this. Our appeal rests on a few simple facts:

*My wife has a job that will cost roughly £10,000 for her to leave (she is on a 3 year contract).

*We've (she) made an offer on a house that has been accepted and mortgage approved. This moving back and reapplying to get back in WILL cost us the house.

*My son hasn't spent a single day away from me since he was born (I've been a self-sufficient stay at home dad for his 3 years) though he is now in nursery for 3 days a week.

*I've been retired for five years and am an as of yet unpublished writer, that is likely irrelevant.

We are considering our avenues of appeal. Our finances (addition nursery costs, plus the house) and my son's emotional well-being are both at stake here.

Do you think we have a case for appeal here? As I read it England is more interested in enforcing the letter of the law (I get deported and try to get back in) and less interested in the spirit of the law (the well being of those who the law is made to protect) but I'd like advice on what to do.

I'll be happy to answer any questions you might have.

i hate to say it, but if you returned to the US, applied for spousal visa, reentered as a spouse, that would be the easiest, fastest way. 

I would suggest completing your application online, making an appointment at the Consulate for your area (based on where you are from), and going in person.  No need to move your entire family back to the states.  Just fly over yourself with your documentation and attend the appointment.  It is same day service.  You will have to be in the states to make the application anyway.  This would be the fastest most efficient way to do this.  It will cause some inconvenience, but, a lot less than moving your entire family.  I would also suggest that you speak to an Immigration Advisor so that they can make sure that all bases are covered in your application.  VictoriaS, who posts on this site, is an advisor.  Good luck!

i hate to say it, but if you returned to the UK, applied for spousal visa, reentered as a spouse, that would be the easiest, fastest way. 

Yep.

  It is same day service. 

It might not be same day service in this case, since there's already a denial on file and it's not 100% straightforward.  Still, would only take a little while to sort out and the family would be reunited in far less time that it would take for an appeal to go through.

Your grounds for appeal are not tenable at all.  I'd be VERY surprised if even the greediest adviser would take it on.

If you meet the financial and accommodation requirements for a spouse visa, you could pop over to the USA and be back in the UK legally within 2 - 3 weeks, in the best case a week and in the worst case 4 weeks.

It is not an overly big deal because you can easily demonstrate a subsisting relationship.  

Thanks for the replies. I wasn't planning on dragging my whole family back to the US but thank you for the advise anyway. The advice about speeding the process is very well taken. I will do everything you said. We basically reached the conclusion that sending me back to take care of the paperwork was the answer and it's likely the "vacation" will do me some good as well.

Again, thank you muchly.

Your grounds for appeal are not tenable at all.

That is what we assumed actually. Thanks

Have to concur with everyone else.  This application was always going to fail, I'm afraid, so the best thing to do is to go home and apply, as everyone else has said.

VIcky

Have to concur with everyone else.  This application was always going to fail, I'm afraid, so the best thing to do is to go home and apply, as everyone else has said.

VIcky

Thanks again. Funny, if we hadn't gotten Skype running there would have been so much more incentive to go back, lol.

One more question, sorry, I am supposed to report to an immigration official on the 31st of October. Any idea what that meeting will ential? Will they be giving me my passport back or travel papers? Should I pack to leave the country? (I ask that last question with a wry grin).

My advise would be to make sure that by that meeting you have booked your flights home and made all the arrangements to leave.  They will grant you Temporary Admission until the date of your lfight. If you do not make plans to voluntarily leave the UK you will be at risk of administrative removal, which will make your application to return a little trickier.

Vicky

Wow, thank you. I think the plan was to wait for the meeting and then make plans from there. Your words are invaluable. Thank you again.

Oh wow, this is so sad. I'm sorry I have no advice for you(I know nothing about what I'm doing) but I do wish you and your family the best. Hopefully you will only be away for a very short time.

I have no advice but I also wanted to say how sorry I am that you have found yourself in this situation and I sincerely wish you all the best.

As for your father-in-law and his half-baked and harmful advice, my response would be the same as it is every day when a client says that "my friend" advised them to do something that has now come back to bite them in the behind.  I always say in a sweet and disingenuous way, with a wry twinkle "Oh, is your friend (father-in-law) an immigration adviser?"

Wishing you well, and maybe he will pay for the flight...

As for your father-in-law and his half-baked and harmful advice...Wishing you well, and maybe he will pay for the flight...

My good wife is working that angle as we write. I'm all for going our own way but in this case he owes us one, or two, or...

And thank you all for your kind thoughts. I was in quite a state yesterday but by the end of the day just knowing that the path to a solution was clear gave me some comfort. If we can get good-ol-dad to pay for the flight(S) then we might not lose the house. As first time home buyers it would be a real drag.