[Merged]: Assorted ilak Questions

Hi guys thanks for your replys and help.

While I was in the UK, I was always on 6 Month Visitor Visa's when I would visit him. Practically lived with him through these times. I never applied for Spouse earlier because we weren't sure where we wanted to settle so I didnt wanna waste the money, time, ect. I'm sure you understand.

Now I know for sure I want to live in UK.

During my time with him, it was spent together living in UK, not outside it. So I don't think I qualify for ILR. Passing the test might be a plus? Atleast it's out of the way!! 

It doesn't matter to me whether I get the 2 yrs or they do give me ILR. I just want anything that gets me back home to my husband and I can work!! 

Just wanted to know if these 2 things help with approving applications...
Meaning if they give it alittle more hope... ?

Anyways thanks for your help!!

If you are asking if passing the test will improve your chances of being approved or will make up for the concerns you have proving income, then the answer is no.  The time you have spent with your husband will prove that you have a steady relationship, but doenst make any difference if you are worried about financial short comings.

Wow! You got in a bunch of times on vistors' visas while married to him? You've been a lucky girl, I would think.

How on earth did you live together for over four years on visitor visas?  

x-posted with Stoatula.  And agreeing with her.

Thanks for replys 

I went over to United Kingdom in September 2004. I got married and to be completely honest, I didn't know anything about Immigration Law. When my stay ended up longer then the 6 Months allowance, I seeked a Proffesional Lawyer's advice. He told me he would work on my case and try to get me Settlement in the UK without having to return to USA. My overstay was nearly 4 years. My Lawyer spent this time collecting documents, meeting with me & my husband, ect. I have to be honest about him, it took so long with him because he would be away alot or very hard to get hold of.

Anyways, in the end, he told me I might need to return to USA to apply. He was finding it difficult to get me my stay. My brother in law took the file instead and spoke to him lawyer, that is when I was told that I need to apply from USA. I did not know of this until later down the line. I returned back to USA in October 2008 to apply but it just so happened my dad was very ill and passed away during my time back in USA. I was in NO state to apply and I just wanted to return to my husband for some comfort. I returned in November 2008 with no problem getting back into UK!! The girl just looked at my passport and asked 2-3 questions and let me through. Maybe it was because I had a brand new passport due to me losing my old one sometime when I was in USA. My dad passing away 7 days after I arrived there really hit me hard and I don't know how I managed to lose my passport. My head was a mess.

Anyways I got a 6 Month Stamp and returned back to USA recently on May 1st. But during this time I had a new lawyer who was working on my stay AGAIN in UK while I was there, but I told her I will apply from USA. I did try to return to UK since I had a return ticket so that I could get some of the documents and things I would need to apply. I had about a week left on my 6 Month Visa and planned to return back to USA straight away before that time. But unfortunatley, didn't get through cus my passport was scanned and previous overstay catched up with me!! And officer was a bit of a moody one, didn't believe me, although I knew my intentions were honest and truthful. 
 
Sorry for the long story, but I thought this was maybe people would know I was not in UK during my Overstay time doing nothing, I was working on my Settlement. Now I know more about UK law, and if I were back in time, everything would have been done the RIGHT way.

Better late then never right!! 

I have been told Overstay will not affect my application, as stated at Home Office Uk Border Agency website.

But, do you still think its a good idea to include a Apology letter for Overstay? Nothing too big, just short and simple regarding why, and apologizing.

?

Thanks for your time... 

Hi,

I previously overstayed as you can see in my other post. And I was there on a Visitor Visa in Sept 2004 when I got married. Then again in November 2008. Only 2 times. In between this time I was an overstayed. (Gotta be honest!!)

But I had a lawyer dealing with my case to get me Settlement in UK while I was there. I was obviously advised wrong because its not possible to switch from Visitor Visa to Spouse Visa! 

I am not asking if being married over 4 years and passing Life in UK test will cover for finance weakness in my case... I was just if it helped with the application in general. Finances is a different worry.

Thanks for all your help 

So does that mean that you overstayed for FOUR YEARS between 2004 and 2008??

Never mind, I just read your other post.

So you overstayed for four years, then were refused entry as well.  I'd say you definitely need to include a letter of explanation!

Yes I was an Overstayer for 4 years through 2004-2008. But I was advised wrong. I had a lawyer dealing with my case which extended all that time longer.

In the end, it was a honest truthful mistake. And I didn't know much about UK Law otherwise I wouldn't have even depended on that Lawyer and I would have done things the right way, like I am now.

Hopefully it will all be fine for me. Can't do anything but be honest! 

Hi thanks again,

I read this at Uk Border Agency Website... regarding overstay, saying it does not apply to Spouse Visa applicants. Thats also what my Lawyer told me. Hopefully all will be well?

 



(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

(ii) a fiancé(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or

I think you might need more help than we can provide.  It is not impossible, but probably needs to be handled more delicately than most applications. 

A four year overstay.   

You lost your passport, which might look to the UKBA that you "lost" it on purpose to avoid anyone knowing about the overstay.

A re-entry and then a refusal. 

This seems complicated to me. 

We've told you already that this will likely not affect the success of your application.  But you have been very cavalier with immigration laws, so in my opinion the least you can do is explain yourself.  Besides, if you don't explain they may think you're trying to hide it, and they will refuse your application if they think you're being deceptive.  

ETA: Bookgrl is right, best to contact a professional.  A competent one this time. 

Okay, thanks for all your help and advice.

Cheers x

AFAIK, it may still apply, but does not carry the automatic 10 year ban from the UK that is possible for some folks who overstay.  You absolutely need help from a professional in your case. Generally when you read about overstays on this board, they are a few weeks or a few months max, but not four full years and then a refusal on top of that.  Not trying to be harsh, but just to be brutally honest, I think you may find it more difficult than you anticipate to convince any ECO that for four years you were completely oblivious to the fact that you may require a visa to stay in the UK.

Anyways, in the end, he told me I might need to return to USA to apply. He was finding it difficult to get me my stay. My brother in law took the file instead and spoke to him lawyer, that

If you instructed a lawyer who took 4 years to figure out that you were vulnerable, I would appreciate knowing who.  Please PM me with who.  Confidentiality assured.