First - Is there somewhere in the forums that lists recommended attorneys, I have seen two names more than others, so is the general consensus just those are the top two?
You've only seen those two (Laura Devine and Medivisas) because they are the only ones we recommend. This is because:
a) we know they are reputable
b) they specialise in US-UK family immigration visas
c) one of them (Victoria from Medivisas) used to be a member of the forum so we know she knows her stuff
Second - In the visa application process, how does one address an overstay of a few months that occurred more than 12 months ago? What should be included? Seeking a very simple explanation letter template.
Just include a cover letter with your application documents explaining the length and reason for the overstay, and include any immigration paperwork relating to it if applicable. Doesn't need to be more than 1 paragraph long.
Even with a letter admitting to an overstay, how does this overstay negatively impact one's visa approval, and later possibly permanent settlement?
If the overstay began before April 6th 2017, then UKVI will allow an overstay of up to 90 days without it causing an automatic visa refusal. If the overstay began after April 6th 2017, they will only allow an overstay of up to 30 days.
If it was longer than 90 days (or 30 days), it can carry a ban from the UK of anywhere from 12 months to 10 years from the date you left, depending on your situation.
In terms of permanent residency (ILR), I'm not sure, but for UK citizenship, a previous overstay may prevent you from qualifying for it for 10 years (as opposed to the normal 5 years), due to the Good Character Requirement (which now takes into account previous overstays etc.)
Question 6.6, "Have you ever been deported, removed or otherwise required to leave any country, including the UK in the last 10 years?" OR "Have you ever voluntarily elected to depart the UK before you were served with an immigration decision and/or other papers?" If left freely without notice or arrest, how does a previous over-stayer answer this question? Appears as tho it is meant for those caught and then elected to leave.
For the first one, you can only be deported, removed or required to leave if the Home Office have caught you as an overstayer and have ordered you to leave. So if you left of your own accord without being found out by the Home Office first, you should be able to answer no.
For the second one, I believe that means that you have applied for a visa from the UK or have appealed a visa refusal, but have chosen to leave the UK before the visa/appeal decision was made. So, again, I think you can answer no if this was not the case for your.
Third - "UKVI strongly recommends that customers with any form of adverse immigration history do not purchase priority services." Adverse immigration is such a wide net. For one who overstayed a few months is it likely their application will be slowed significantly? Would paying the 551 pounds for the priority settlement visa service make little difference in approval timing?
Basically, they advise anyone who has the following not to use priority processing, because they cannot guarantee a timely decision on the application:
- been refused a visa for the UK, and/or;
- been refused leave to enter the UK, and/or;
- been deported, removed, or otherwise required to leave the UK, and/or;
- overstayed a period of leave in the UK, and/or;
- had leave to remain in the UK curtailed by the Home Office, and/or;
- been refused leave to remain in the UK by the Home Office, and/or;
- been refused a visa for Australia, Canada, New Zealand, the United States of America, or the Schengen countries, and/or;
- you have been interviewed, detained, or prosecuted by the police for any offence in the UK or elsewhere, and/or;
- you have an unspent criminal conviction in any country, and/or;
- you have committed a criminal offence in any country.
If you can afford it, then you can use Priority Processing, because it will still get your application put to the front of the line and opened quicker than non-priority... so it could save a few weeks of waiting, even if it takes longer than normal to make the decision.
Fourth - I have seen it said both ways, but I'll ask again. Do most successful applications provide copies of the original documents along with the original supporting documents, so two stacks of supporting documents? And does using A4 paper (which is US non standard size) help in the processing time? Any other tips you can give within the application process for reducing the time to get an approval?
The paper size has no effect on the processing... but you might have issues with printing the application on US size as the formatting could be off and it might not show everything.
Providing copies has no effect on the actual decision. However, if you DON'T provide copies, they may keep your original documents and you might not get them back.