Over-stayer applying for a spouse visa, heeeelp!

Hi everyone 

I was recommended to check this forum out and I'm glad I did. I've had a thorough look through some of the other posts and I guess I have a better understanding regarding my application for a spouse visa. I'm still stressed and worried about some of the things I couldn't find any information on and I hope, pray and wish maybe someone can offer me some advice or point me in the right direction. I'll try explain everything without confusing you or more myself too much.

Ok well I'm an American national and in 2002 I visited the UK. I met my now husband and married him in Sept 2002 he is a British citizen. A few months after, we discovered that I was pregnant. He and his family didn't want me to go back to the states while still pregnant. So I over stayed my welcome and in April 2003 I gave birth to our beautiful daughter Aaliyah. In June 2004 I decided to go back to the states with my daughter and commence with a spouse visa application to allow me entry into the UK and be able to settle down permanently. I wasn't deported or anything like that they didn't even say anything to me at the airport they just stamped my passport, thats all.

During my stay in the UK I was supported by my husbands family and I claimed no benefits what so ever. My daughter did receive Child Benefit but she was entitled to it being a British citizen...I hope

I have been in the states now for 7 months, 4 of which I was working part time while my parents looked after Aaliyah. I am now hoping to apply for a spouse visa. Unfortunately my husband whom is currently in the UK and is unemployed therefore he is claiming Job seekers allowance as well as Housing benefit.

He has a 3 bedroom house which we originally applied for and got while I was still in the UK. He has a tenancy agreement with a private housing association. He's been claiming housing benefit for 7 months now while living in that house by himself.

This is where I'm confused. Alright well he has no savings at all and is claiming benefits. Obviously he doesn't make a good sponsor. I've been told his parents can show that they will be the sole supporters by providing a letter and their financial documents. Is there a limit to how many people that can show support for me? I mean can my mother and father in-law as well as my sister-in-law show support? Or do immigration just require one of them to show support? Would I need to show support for my daughter as well? She's British I have her British passport and birth certificate. I would have thought she wouldn't have any problems going back to the UK. It's just me they're going to have a problem with.

Also would it be a good idea to say that I will be staying with him in the house which he is in receipt of housing benefit for? Or would it be better not to mention that house and housing benefit at all and just say that I will be living with my husbands family? They own their 3 bedroom property and at  the moment it's just my parents-in-law and sister-in-law living there. Would that be recognized as good accommodation since they have one double bedroom spare for us to stay in?

My husband is actively seeking employment and he should be able to provide a CV and evidence of his job searches. As for myself well I'm able to work I have my previous wage slips and bank statements to show that I did have a job and am capable of working. So on arriving in the UK and I can start work and support myself immediately without any recourse to public funds.

Will the fact that I over stayed have any effect on my application for a spouse visa? Will my husband not working and claiming benefits have any effect? What chances do I have of being granted a spouse visa? What sort of documents will I need to provide besides what they ask for on the VAF2 form?

I hope some one will be able to help me I am at the moment desperate and very worried. I thank you in advance for taking the time to read my post your response would be highly appreciated. 

Jasmin
Your husband and daughter are entitled to any benefit they receive from the UK government.  Yes, that includes Child Benefit, so long as it is your husband who applies for it on her behalf.  Your daughter will need to enter the UK on a UK passport.  She should be able to apply for one at the British Embassy. 

Your husband can get housing benefit, Job Seeker's Allowance, etc., etc.  This is all perfectly acceptable.  Simply make sure you state all of what he gets in the appropriate place on the spouse visa form. 

It is YOU who have to prove you will not use public funds.  It does not matter how many people sponsor you, so long as they can prove there is enough in their bank to satisfy the Home Office.  A few thousand should do it (you'll need to provide bank and financial statements, wage slips, etc.). 

Once you two get here and when your husband starts working, he can claim Working Tax Credit and Child Tax Credit on Aaliyah.  Any income from any jobs you have they'll take into consideration, as all income will be considered on his app.  Also of course he'll need to re apply for Housing Benefit and Council Tax benefit once he gets working again. 

Try not to worry so much.  You're legally married and in a legitimate relationship.  You'll be fine.

Hope you can get reunited w/your husband soon.  Good luck!

I appreciate your response you've helped to put my mind at ease. Just wondering though wouldn't the fact that I over stayed be a cause for concern?

Would it be better to state that I will be staying with my parents-in-law in their privately owned home or with my husband in his house? Besides my husband has been getting housing benefit for a house in which only he lives in. Is it ok to do that? I mean in his application for housing benefit he probably put that my daughter would be living with him as well. And obviously if I apply for my spouse visa they're going to know that my daughter couldn't have lived with him because she's in the states with me. I mean would they even care or look into it or am I just being paranoid?

I'm just dead cautious about all this maybe a bit too much. I can't risk making any mistakes on my application. My only wish is to just get through this somehow and live as a family.

Look, I think it's probably best to take a 'don't ask, don't tell approach'.  If they don't ask specifically, and there's no place on the form to put down that you overstayed, leave it.  Of course if there is then you have to report the truth. 

As far as housing benefit, well, yes, if he claimed whilst applying that there was a child living w/him and there was not it could cause issues, not w/immigration but w/the Council.  His amount of benefit is affected by any dependents he has living w/him who are under 16.  If it is discovered a child has not been living w/him he may have to pay back some benefit.  Again, this hasn't to do w/immigration, but with the council. 

As far as immigration is concerned, they just need the address where you will be staying.  Who his landlord is should not impact your application. 

As far as immigration is concerned, they just need the address where you will be staying.  Who his landlord is should not impact your application. 

For a fiance visa, the owner of the place where you will be living has to write a letter stating that it's OK for you to live there. Is it the same for a spousal visa? Or is it assumed that  you will be allowed to live wherever your spouse lives? 

If your spouse-to-be owns his home, he'll need to provide the mortgage papers.  If he's renting (as mine was), a copy of the lease and permission from the landlord for you to move in will be enough.

I received a reply from one of the government immigration websites, can't remember which one. I asked whether it would be OK to show my parents-in-law as the main sponsors since my husband is unemployed and he has no savings. He is claiming JSA and housing benefit.  I also stated the fact that I am capable of work as soon as I arrive in the UK and I have about $1,500 USD in savings.

They replied saying that it wouldn't be good enough. Me and my husband would have to show that we can maintain ourselves without any recourse to public funds. My husband has to be able to show that he can support me with out any additional benefits for me.

I'm confused, I have enough to support myself when I arrive in the UK. My husbands family will support me too until I get a job, is that not enough? Forum members who have had similar experiences have told me that it will be OK. It wouldn't matter that my husband is on benefits, as long as his family can show support. It seems as if immigration really want my husband to be working and they don't care so much about co-sponsors.

I don't know what to do, should I risk applying for my spouse visa now or wait till my husband gets a job. Don't know when that will be and not looking forward to waiting? Already been waiting 7 months.

As disappointing as that is, I think you'd better take the advise of the Home office.  Forum members are just giving advise from their own personal experience and knowledge, but that might not always be the appropriate advise for your particular situation. 
Although, $1,500 seems like alot-after the exchange rate, that's not even a months wages.  Your husbands benefits will be based on one person's needs and it would be impossible to survive on them if you weren't working. 
As difficult as it is, I'd suggest your husband try to sort himself out before applying.

Is it possible for your husband to just try to get any job- even working full time at Tesco or something?  I know that's not a lot of money, but it would show that he is working something and that may help your visa application.  I am pretty clueless about immigration law, but since you are married and your child is a British citizen, I really can't imagine them seriously keeping you apart.  Good luck to you. 

and am wondering if it's even worth it to try for a spousal visa.

You don't really have a choice.  If you want to be here legally, you'll need a spousal visa.

You don't really have a choice. If you want to be here legally, you'll need a spousal visa.

Exactly. And if the HO finds out you are here illegally for any prolonged period of time. You will be deported and you will have a hard time EVER returning.

See that attorney... NOW!

This is the reply I got from the visa website. I managed to find it in my email trash. The advice below goes against what others on this forum and other forums have said. What advice shall I follow? I'm confused....


"Sorry, sponsorship by persons other than the UK-resident spouse is not acceptable.  To qualify for the granting of a settlement visa, the Immigration Rules require that the couple must demonstrate an ability to maintain themselves (and any dependants) adequately from their own resources and without recourse to public funds. Although, the Entry Clearance Officer (ECO) may take into account the employment prospects of  the visa applicant, the ECO will still need to be satisfied that the foregoing requirement will be met when the applicant arrives in the UK.

You must have medium-term plans for securing your own accommodation
(questions about this may arise during the visa interview). 

As the visa applicant will be staying with a relative initially, a
letter should be obtained from that person stating that s/he is willing
and able to accommodate you as a couple in at least one room of which
you will have the exclusive use and the accommodation as a whole will
not be overcrowded.  (Under the terms of the Housing Act, accommodation
is considered overcrowded if two or more persons of  opposite sexes aged
10 or over (other than husband and wife) have to share a room). 

The letter should also describe the property and say who else will be
living there.  This should be accompanied by a copy of the Council Tax
bill in the householder's name (and/or, if rented, a copy of the lease
agreement and written confirmation from the landlord that there is no
objection to your occupancy).

Sent by:
Public Enquiries (I),
UKvisas,
London SW1A 2AH
Telephone: 020 7008 8438 
Fax:  020 7008 8359
Web-site: www.ukvisas.gov.uk [nofollow] "

The letter you recieved is correct.  Your partners parents can't be your primary sponsor, but they can send letters of support and sort of "co-sponsor" you. 

Living with family is actually okay, especially at first.  I know there are several people on this website that have moved in with family from the start.  Some have moved out after a few months once they get on their feet, others have lived there with family for years.  As long as you can satisfy the Home Office that you aren't benefiting from public funds, you should be okay.  Perhaps garry can advise whether or not this is one of those points on which there is some lenancy. 

I have recieved all the documents from my husband today. I would be grateful if someone would do a check and let me know if I'm missing anything. I know I'll make a mess of everything if it was all down to me to apply, thank god for members of this forum.

OK heres the list of everything I have so far.

His British passport
His British birth certificate
Our British Marriage license
Our daughters British Passport and birth certificate
A letter from him in support of my application (stating he is aware of and supports my application)
His bank statements to cover for the past 3 months. I don't see the point because he only has £123.89 in there. And it also shows the JSA and child benefit he's been recieving.

His Resume showing his qualifications and past work experience.
Evidence that he was offered a job back last October but unfortunately it was only temporary. He's included 2 wage slips, interview letter and security pass. Also a note to say that this is evidence that he is capable of work and is seeking employment.
A little book from the job centre which he has filled in with the job searches he has done. Also print outs of job vacancies.

A letter from my mother-in-law stating that she will support me with out me having to resort to public funds.
Her bank statements covering the previous 3 months. There's approximately £1,789.00 in there.
Her wage slips also for the past 3 months.

Tenancy agreement and a letter from the housing association saying it's OK for me to live there with him.
A few phone bills on which my husband has circled the freephone number which you use when calling with a  phonecard. He has also glued the actual phone card to the phone bill.
A few pictures of us together also birthday cards and valentines cards with postmarked envelopes.

Thats everything that my husband has sent over to me. Here's a list of things that from my knowledge I need to include with the actual application.

Form VAF2
My passport and birth certificate
2 passport pictures of myself
3 months worth of bank statements showing approx $1,800
My resume showing my capability to work and find employment on arrival in the UK
My wage slips from the 3 months when I did work.
A note to explain the reasons why I over stayed previously. Also as evidence a letter from my then doctor stating that I was pregnant. And a letter from the hospital listing the dates my husband had visited during the period when he was ill. This is all to show the reasons why I over stayed.

Thats all that I have at the moment. Am I missing anything? In your opinion what chances do I have of actually being granted a spouse visa with all that I have? Anything I can do to improve my chances, any advice whether good or disappointing would be much appreciated.

you seem to have all the things that we took with us to NY 2 weeks ago. I (UK) am also on housing benefits and income support (similar to JSA) BUT i had no letter of permission for my husband to stay, infact it clearly said on the tenancy agreement that he could NOT stay here (im in temp accommodation) i had a couple of thousand pounds in a savings account in my name that was placed there only 2 days before i left for NY.
I cant speak for the over stay as im not an expert.
I thought that i was the worst sponsor possible and was amazed to get the visa in 4 minutes.
I hope this gives you a little reassurance that being on benefits is not seen as badly by the consulate as one might think.
Very best of luck with your application, i know how nerve racking the whole process can be.
stay safe

Jules