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Topic: PLEASE HELP?  (Read 731 times)

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PLEASE HELP?
« on: January 04, 2013, 01:53:26 PM »
I am an American citizen married to a British national. My spousal visa expired on 06/2011, and I did not have the £920 to pay for the next step (renewal, ILS, not sure??). I have the money now, however I'm not sure what to do next? Obviously, I better ask for advice before I put myself in a bad situation, can someone help me please?

Kind regards, Timothy


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Re: PLEASE HELP?
« Reply #1 on: January 04, 2013, 02:43:36 PM »
Do you have the money for a lawyer?  Because with a year and a half overstay, you really need one. 

A professional would give you more precise advice, but basically what I expect will happen is that if you apply to regularise your leave (that means make yourself legally here again) then you will be put on the "ten year path."  Effectively, you will have to have temporary leave, in the form of four 30-month FLRs, and then you will be allowed to apply for ILR, which is indefinite leave.  Each of the FLRs will have a fee and an application process, and the fee is likely to increase each time you apply. I don't know if there is any way to avoid this.  Again, I urge you to consult a professional.  If you have been working and using the NHS during your overstay, things will be even more complicated for you. 

UKBA is not very forgiving, and this political climate is encouraging them to crack down even harder on people who are outside the rules.  The fact that you are married to a UK citizen means they are unlikely to kick you out, but you should be prepared for a hard slog.  Get yourself a good lawyer, and good luck. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: PLEASE HELP?
« Reply #2 on: January 04, 2013, 04:43:30 PM »
Good luck.  I was going to get on and say much of the same thing, although the other poster had much better detail.  I would second that you really need to get a good immigration lawyer now--one certified to do this specific kind of work.  It would be nice if they just understood things like personal problems, but they don't bend the rules for personal circumstances.  I've seen people work through it, but you'll want specialist help, and the sooner the better because the longer you stay, the worse it can be for you.


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