Here's my rough draft! Constructive criticism please!!

Here's the rough draft of the letter I'll give in-person at the consulate at my appointment next week:

May 27, 2005

RE: In reference to settlement visa application, explanation of overstay in the UK


To Whom It May Concern:

I entered the UK on September XX, 2003 to visit my fiancé, who has since become my husband. I entered with the intention of leaving the country on December 21, 2003. I had not only family ties in the US, but also important responsibilities such as attending university, and I fully expected to return to the US in December 2003.

However, personal issues and bad judgment caused me to remain in the UK until June 2004. In addition to spending time with my fiancé, part of the reason I was visiting the UK was to help him with the complicated process of making a visa application. We began the application process in September 2003, but it took much longer than either of us had anticipated, and he did not receive his visa until June 2004. I felt that I could not leave during the middle of the process, which involved crucial document preparation and repeated petitions to several different government offices of three separate countries, one of which necessitated a certain level of competency in Italian, which I possess but which my husband, then fiancé, does not. Since he was still waiting for his visa, he would not have been able to accompany me to the US, and therefore we would have been separated for a prolonged period of time, which neither of us believed we could psychologically endure.

I now realize the full extent of my foolish mistake and the gravity of my actions. I deeply regret that I allowed my emotions to cloud my judgment, and that I acted against my own principles and against the laws of the UK, a country which I respect and which I hope will become our permanent home.  I regret that I overstayed, and realize that nothing can justify my mistake. However, I did not plan on overstaying, I did not attempt to work or use public services at any time while in the UK, and I overstayed because of my love for my husband and my commitment to our relationship rather than for any personal gain.


I know I probably need to add some more stuff, and maybe delete anything that sounds too B.S. (even though it's all true!!!) Please please please, help me craft the perfect letter! Thank you in advance.

It's got all the relevant dates and basically lays it out.  The  bit about "...neither of us believed we could psychologically endure..." doesn't really help, does it?    And the bit about "...rather than for any personal gain..." isn't correct, did you mean to say *economic* gain?

In the ECO's etc eyes, there are parts missing:  [1] why did you not ask for an extension?  [2] where did you live?  [3] how did you support yourself?  and [4] why did you go back to the USA?    [1] is partially referred to as a judgement error, which makes sense, but is that the only reason?.  [3] and [4] will be the most important going forward.

It's not clear why you are applying for settlement on the back of your husband's successful app, but you can use Lola's advice in the other thread to cover that.

But in general, it's fine.  At this point you would go back to HC395 and read paras 320 - 322 very carefully - like *every* word!    And get your hubs to read it also, and make sure you have got something for EVERY word.  Then read the DSS site for how it can affect your benefits in the future, and be sure that you understand it.

Then go to HC395 para 281 and be sure that your husband's undertaking tracks it closely.  And tart up the rest of your app so that it's bell ringer.  That's about as much as can be done to cover the overstay issue, you have acquited yourself to the extent possible...

Nobody's seen the rest of your app, so cannot take a view on any other weaknesses it has.  But hopefully, it's a bell ringer    I don't think more can be done without going through the whole app in person, so if you are still not comfortable about it, then have your hubs take the app in to an advisor before he leaves the UK...

{1} I had no idea I could ask for an extension. We weren't married yet. {2} We lived together in a flat in London. {3} My husband had a full-time income, my parents helped out a little, and I had a trust fund that I basically lived on for the whole time (which is now gone). {4} We went back to the US so I could finish university, since I had already been accepted to a certain US uni and I thought it would be easier than starting all over again at a UK uni.

Does that cover everything satisfactorily? Where can I find these HC- paragraphs?

(11) failure to observe the time limit or conditions attached to any grant of leave to enter or remain in the United Kingdom;

(12) the obtaining of a previous leave to enter or remain by deception;


Those are the only two points in the Immigration Rules that give me pause about my application. I really wasn't intending to overstay when I entered the UK, so as long as they believe me on that point, then "deception" shouldn't be an issue, right? But it's true that I did overstay, which I assume constitutes a "failure to observe the time limit or conditions attached" to my entry on visitor's visa. But how can I counteract that, since I did overstay the time limit? Others have gotten over this hurdle, right?

I read through paragraphs 320-322 and 281. Since our marriage is real and since we've got evidence to show that it's real, that we'll have financial support, and proper accomodation, and since my hubby has a UK passport, we should be okay on those points, from my understanding. This is the whole sha-bang of our app:

   Marriage Certificate (original, copies of original, and certified copies from registrar)
   Both of our long-form original birth certificates
   Both of our passports, mine showing stamps for my multiple UK entries, his showing his US visa
   Our original joint lease from the apartment we’re been living in since 8/04
   Original joint utility bills (two complete sets, some with envelopes) from 8/04-5/05
   Wedding cards and Xmas cards addressed to both of us (no envelopes)
   Photos of us together, including wedding photos, general photos, and photo of us with both our mums
   Letters of intent from both of us
   Letter of intent and support from his mum, saying we’re welcome to stay with her temporarily, and saying that she will help us financially until he gets a job
   Notarised copy of mortgage statement from his mum
   Notarised copy of utility bills from his mum (last three months)
   Letter from his mum describing her accommodation, saying it’s big enough for all of us and that she lives alone
   Photos of the living area, dining area, front, and rear of the house
   Letter from his mum’s employer
   Original pay stubs from his mum (last three months)
   Notarised copy of his mum’s passport (all pages)
   Letter of financial support from my mom in the US
   My mom’s employer letter
   My mom’s pay stubs
   Savings statements from my bank showing an average balance of approx. $3,000 and a current balance of approx. $4,000
   My husband’s CV showing employability
   My CV
   My acceptance letter and registration from my university program in London
   Letter showing financial aid for my program (showing I can pay for it)
   Our itineraries
   Passport photos

Based on all of this, how does our complete application look? Is it a bell-ringer?

Hello there, we seem to be in the same situation I have been here since feb.2004, my reasons are a bit more complex, however, sneeking around will only get you caught and living on the edge only makes you feel worse. I am engaged, was not the intention when I entered the country as I was already legally married to a US citizen, but legally seperated for 5 years. BUT the man I was coming to see was the father of my two children. One of the children was born in america and the other was born here. I came into this country the final time at 7 1/2 months pregnant. I intended to have the baby here,as he wasnt present for the first child do to work obligations, then after 6 months, go back and have my visa renewed. However, I ended up not going back and living the family life with my boyfriend and our two children. The truth is, I couldnt afford 3 flights(myself and 2 kids) and during the first 6 months I was here, my divorce had finally been official, and he asked me to marry him straight away. The situation is this..Ive been here with our two kids for 2 years now, I would like to get married, but I know I cant lie about overstaying, and Im afraid to chance it and be stuck living with family in america being banned to come back in the UK. I dont see how they could ban the children when they have every right to see their father. And he shouldnt have to travel 4,000 miles to see his children! So basically Im wondring what I could do. If we got married tomorrow for example, do you think they would look at the whole situation and keep us a family-allowing me to stay while processing a spouse visa, or boot us out and break up a home, traumatising the children, myself as well? I know I should have gone back to renew, but I wasnt thinking,and kept saying"next month" which never came! I was thinking about taking him and the kids to london and walking into the embassy and throwing myself on the table.."here I am, sick of hiding, let me stay legally" Any advice would be greatly appreciated. I just want to do it legally, tell the truth and hope they will keep us together. If Im sent home, I have nothing, no home, no job etc. Assylum seekers get to stay, why cant I? I havent been working or receiving any benefits, so basically all Ive done is sit at home and take care of the family-no crime committed there!

You will always be asked why you did not make an application to extend your visa once you knew you were likely to overstay, and this will be the hardest point to justify.

My feeling (garry may disagree) is that applications such as this will always be more successful from outside of the UK.  I think t also helps to highlight that you left the country voluntarily and were not subject to removal proceedings.

An application from within the UK always stands a good chance if there are children involved and if you have been together for two years (before any removal proceedings) but you probably need to get an advisor to help you.

Victoria

My feeling (garry may disagree) is that applications such as this will always be more successful from outside of the UK.  I think t also helps to highlight that you left the country voluntarily and were not subject to removal proceedings.

Garry agrees.   

Hello,

I didn't realize people were still replying to this post! I just checked the website again for the first time since I entered the UK on my settlement visa. Thank you for all of your advice. I told the truth and had no problems. I'm now happily living and working in the UK, and I'll be applying for ILR in a year and a half and then citizenship! Honesty and sincerity is the best policy (in terms of UK immigration anyway. Not sure about USCIS, as they lie and are insincere all the time).

Thanks! Good luck to everyone.