Hi this is my Overstay Letter I have written up. I would love any advice on this letter, if I should shorten it, how to shorten it, anything really. I know its very long, but I disclosed everything... any ideas?
Thanks in advance x
Dear Sir/Madam,
My application includes an immigration rejection from May 2009 for which I would like to deeply apologize.
Like I said to you in the other thread, why are you apologizing for being bounced? If you're writing to apologize for the overstay, you should say that, but I don't see why you're apologizing for the bounce.
The rejection was due to the fact that I overstayed a Visitor Visa from September 2004 until October 2008. During the start of this time, I seeked advice from a lawyer and was given incorrect information about United Kingdom's Immigration Laws. I was told I could obtain Settlement while in the United Kingdom. My lawyer, at the time, worked on my case for a very long period. At times, weeks would pass by when I was not able to get a hold of him due to him being out of town. This happened numerous times. Eventually, through my Brother In Law's research, I became aware that it was not possible to obtain settlement while in the United Kingdom. I was advised wrong through this lawyer. I made plans to return to the United States immediately and apply for this Visa with the proper procedures. Before I had even booked my flight, my mother had phoned me to tell me my father was very ill in hospital and I needed to be there as soon as possible. My father was in hospital for kidney failure and gangrene due to his diabetes.
I returned to United States on October 17 2008. My plans had changed and I did not travel with the intention of applying for my Spouse Visa. There was nothing else I could think about except for being with my father straight away. I was very concerned and anxious about his poor health. I simply just wanted to spend time with him. Little did I know that he was going to pass away 7 days later.
In the midst of arranging my father's funeral, I was also helping my sister move into her new home. There was a lot going on and my family and I were very stressed but trying to hold it together. After a couple of weeks had passed by, I had planned on booking a ticket to return to the United Kingdom so that I could spend time with my husband. I needed to pull myself together and be sane again. Only a few days later, without my acknowledgment, I realized I had lost my passport. I could not find it anywhere. The house was a mess due to my sister moving as well as my mother cleaning it out since my fathers death. A lot of things were thrown out and I knew somewhere in there, my passport got caught in the middle. I applied for a replacement passport straight away. When I recieved it, I booked a ticket to return to the United Kingdom on November 18 2008.
I arrived at London Heathrow Airport on November 19 2008. Upon my arrival to the Immigration Officer, I was not questioned regarding my previous overstay, although I was prepared to answer any questions if needed to do so. This was in my expectation as I was aware of my previous overstay, but I was simply stamped with a 6 Month Visitor Visa from November 17 2008 - May 17 2009. I was asked normal routine questions regarding who I was visiting, the purpose of my trip, and where I would be staying. I had told the Immigration Officer I was visiting my husband in Birmingham and that I planned to return before the end of my Visa in order to apply for my Spouse Visa from the United States.
The time I had in these 6 Months to be with my Husband helped me deal with my Father's recent death. As April approached, I started to prepare for my return to the United States in order to apply for my Spouse Visa. I also seeked advice from a new lawyer just to make sure I was following the proper procedure again. She had advised me with two options. I could either return to the United States in order to apply, or she could apply for me from the United Kingdom, but this was for Indefinite Leave to Remain. She stated that since I had been in the United Kingdom for quite some time before, and the prospects of my case were good, she thought there might be a good chance for myself to obtain Indefinite Leave to Remain. I had a few days to think about this, but came to the solution that I did not want to go this way. I was not going to get myself into the same situation as before and I especially did not want to risk overstaying my Visa once again. I returned to the United States on May 1 2009 in order to follow the proper procedures.
Upon my arrival in United States, I started research on how to apply for my Spouse Visa straight away. I did not realize until doing further reseach that obtaining a United Kingdom Spouse Visa could take up to 12 weeks. I knew I was going to be in the United States for quite some time once I became aware of this, and wished to re-enter the United Kingdom in order to pick up some of my personal belongings as well as a few missed documents.
On May 11 2009, I flew out from Newark Airport, New York. I arrived at London Heathrow Airport. I arrived at Immigration Control and handed my passport to the Officer. He asked me routine questions. I told him I was returning to the United Kingdom in order to pick up my personal belongings and some documents, then returning within a week back to the United States. He also questioned me on my marriage, and asked for my marriage certificate. I did not have this with me at the time. I told him that I was aware I had overstayed previously, but I was only returning to pick up a few things to apply for my Spouse Visa as well as some personal belongings. After 5-10 minutes, he told me I would be detained and they would need to investigate further in order to make a decision. I was very well aware that because of my previous overstay, I could be refused entry into the United Kingdom. I had told the Officer that my intentions were genuine and I was returning to the United States after a few days. Since my previous overstay, I did not wish for this to happen again. I wanted to make things right, and follow proper procedures.
I was interviewed and after about 2 hours, I was told I was refused entry into the United Kingdom. The officer was not satisfied that I was genuinly seeking entry as a visitor for the limited period as stated by me. This was because of my previous overstay. He also did not believe I was genuinly married. Therefore, I was refused entry into the United Kingdom.
You can cut almost all of this. You aren't writing a story, you're explaining the cold, hard, facts. They aren't going to care (no offense) about personal details. They are only interested in the solid facts:
*Entered the UK from x to y, was advised could apply for spousal in-country, found out information was wrong.
*went back to the US, lost passport, applied for new passport
*Entered from a to b, returned to the US to apply for spousal visa
*attempted to enter from c to d and was bounced due to previous overstay
I admit 100% to my overstay. I was unaware of United Kingdom's Immigration Law, and when I seeked advice, I was mis-guided. During my overstay period in the United Kingdom, I would like to state that I did not seek employment or work at all. I did not rely upon public funds for support, and I lived with my husband during my entire stay. On the other hand, I did use the NHS because I visited the Emergency Room with any health problems. I also recieved my Provisional Driving License and opened a bank account with Barclays. Although, my bank account was opened recently in February of 2009 while I was on a 6 Month Visitor Visa. I am aware now that while I was an overstayer, I was not eligible to apply for a United Kingdom Driving License, and most of all, use the NHS. I would like to state that I did not know of these rules, and if I had known, I would not have done so. I was only aware that I could not work in the United Kingdom, and could not rely on Public Funds.
If all you used the NHS for was an A&E visit and you did not get admitted to hospital, you don't need to apologize for it, as visitors are allowed to use A&E. You also repeat yourself several times. Again, just state the facts.
I would like to sincerely apologize for my overstay. I did not wish for this to happen, and if I were advised correctly through my lawyer at the time, I would have returned to the United States immediately. I acknowledge the fact that I could have seeked advice elsewhere, but as I was not aware of United Kingdom's Immigration Law's then, I relyed on my lawyer. I trusted his advice and followed his words.
I hope this serves to clarify my overstay.
Please do not hesitate to contact me if needed.
Again, you're repeating yourself. You already stated that you received improper advice, no need to mention it again.
The past tense of "seek" is "sought" not "seeked". You should run your letter through a spell check program (MS Word has one, Open Office has one, and I think Google Docs also has one) as I found several spelling errors.
I'm heading out of town and won't be back until late Saturday, but I think if you combine the advice you've received so far, you should be able to churn out a better letter.
