[Merged]: Assorted ilak Questions

Because a drivers licence is such a valuable commodity???

Vicky

No no.  Just that it seems like many checks that should be easy to carry out appear not to be done.  

If the government followed their own rules and applied proper diligence then those who are here legally, as migrants or asylum seekers or whatever, might have less of a difficult time from all the kick them all out brigade because it might make more of a distinction between the groups. 

It's not the DVLA's job to check immigration status though.  Yet!

Vicky

It's not the DVLA's job to check immigration status though.  Yet!

Vicky

But you have to mail in your passport with your application to prove that you are a resident.  But then I guess they would need to report it to someone.  Hmmm. 

I suppose it would be one more thing to remind people they weren't supposed to be here, but then they would probably just drive illegally anyway. 

Where did you get married?

Where did you get married?

The OP said Birmingham, UK in her post above. I know very little about immigration, so I wouldn't know if this makes any difference. 

The OP said Birmingham, UK in her post above. I know very little about immigration, so I wouldn't know if this makes any difference. 

It depends on what visa she had when she got married, since you technically can't get married in the UK on a visitor visa (that I'm aware of, and the law may have been different pertaining to that at the time she did it--if it was, then I stand corrected).

It depends on what visa she had when she got married, since you technically can't get married in the UK on a visitor visa (that I'm aware of, and the law may have been different pertaining to that at the time she did it--if it was, then I stand corrected).

You can, actually, you just need a Certificate of Approval.  What you can't do is switch from a visitor visa to a spousal in-country.

The OP said Birmingham, UK in her post above. I know very little about immigration, so I wouldn't know if this makes any difference. 

Oops, totally missed that.

You can, actually, you just need a Certificate of Approval.  What you can't do is switch from a visitor visa to a spousal in-country.

Yeah, that's what I was wondering was if she got married in the UK, if there was a CoA.  If there was a CoA, wouldn't it be worth sending it along? If there wasn't a CoA....well, then I think she's got some big hurdles to jump.

You can, actually, you just need a Certificate of Approval.  What you can't do is switch from a visitor visa to a spousal in-country.

Yeah, I forgot about the COAs   I'm not sure what visa she was under when she got married, she didn't say, but I think Becca was just curious as to that point.

Yeah, that's what I was wondering was if she got married in the UK, if there was a CoA.  If there was a CoA, wouldn't it be worth sending it along? If there wasn't a CoA....well, then I think she's got some big hurdles to jump.

My personal opinion is that there should be some big hurdles to jump, but won't be.  As Vicky said in another thread, many people with lengthy overstays are granted spousal visas.  The only consequences that are likely to result from this will be in the form of tougher regulations for those of us who follow the rules. 

I'd also like to point out that none of us know the reasons for the overstay.  If most of it was because of a dodgy lawyer prevaricating then it makes a big difference and can easily be said not to be her fault.  Some people just panic when they think they have to be separated from the person they love.

Also, if this was all quite some time ago, it may have been that they married back in the day before the COA.

Vicky

Also, if this was all quite some time ago, it may have been that they married back in the day before the COA.

This is what I was thinking.  The OP states that she has been married for almost 5 years (so married in 2004 I would think) and, IIRC, the COA didn't come into play until Feb or Mar 2005.

To the OP:  if you have gotten a lawyer, concerns about your application should be addressed to him/her.  That's what they're paid for   The only thing I can add, and this is from experience, is to be brief, concise and to the point when addressing the overstay.  If it was due to incorrect advice, simply state that.  I had overstayed for two years and it was due to being mis-advised not once, but twice (by the same person).  It wasn't until I found this forum that I even knew the advice was incorrect.  I simply stated that I had overstayed due to incorrect advice, as soon as I became aware of the proper procedure, I made arrangements to return to the US to make the application according to the proper rules.  As mentioned previously, also make mention that you have not worked, received public funds, etc.  I think I covered it all in two or three sentences.

Would she also need to send information about her previous bounce? She said in one of her posts that she attempted to return to the UK in November 2008 but was sent back to the US.  Does she need anything from this incident with her application?

Would she also need to send information about her previous bounce? She said in one of her posts that she attempted to return to the UK in November 2008 but was sent back to the US.  Does she need anything from this incident with her application?

Her bounce was in May 09. She returned to the US in October 2008 (just before the 10 year ban for overstayers started), 'lost' her passport, obtained a new passport, returned to the UK the next month in November 2008, stayed for 6 months, returned to the US and then tried to go back to the UK a short time later. It was then she was bounced.

She will need to explain her bounce and provide documentation accordingly.

Her bounce was in May 09. She returned to the US in October 2008 (just before the 10 year ban for overstayers started), 'lost' her passport, obtained a new passport, returned to the UK the next month in November 2008, stayed for 6 months, returned to the US and then tried to go back to the UK a short time later. It was then she was bounced.

She will need to explain her bounce and provide documentation accordingly.

Ah okay. Sorry, I really can't keep up with all the information in multiple threads