hi everyone,

gal90:

hi everyone,

I am about to apply for uk spouse visa. I and my husband are both very young (we were affected by the age change for uk spouse visa)  and has been married for 2yrs, I am in nigerian, recently turned 21 hence we are both over 21.

One of us is in the 'public eye' and the other has a stable job in the uk, we have all the documents and the best lawyer.

1. I travel alot out of nigeria already due to my profession and have never overstayed apart from once in the uk 18mths ago for '4 month only' how does these affect my application?

2. how long do  the application  take?

can anyone plz help. funkybaby can you plz help u seem to know alot about uk immigration.

All your help will be much welcomed

thanks

   Things might have been easier except for one thing, your overstaying in the UK (even if it's just for one day) is a significant blow against your success, though, it could be pardonable depending on the circumstances of your departure from the UK, but in the worst case, the consequences could be a life ban for breaching the condition of your visa.

Vicjustice:

   Things might have been easier except for one thing, your overstaying in the UK (even if it's just for one day) is a significant blow against your success, though, it could be pardonable depending on the circumstances of your departure from the UK, but in the worst case, the consequences could be a life ban for breaching the condition of your visa.

STANDARD BULLSHIT! read paragraph 320 7B and 7C before coming here to post false statements.

gal90:

hi everyone,

I am about to apply for uk spouse visa. I and my husband are both very young (we were affected by the age change for uk spouse visa)  and has been married for 2yrs, I am in nigerian, recently turned 21 hence we are both over 21.

One of us is in the 'public eye' and the other has a stable job in the uk, we have all the documents and the best lawyer.

1. I travel alot out of nigeria already due to my profession and have never overstayed apart from once in the uk 18mths ago for '4 month only' how does these affect my application?

2. how long do  the application  take?

can anyone plz help. funkybaby can you plz help u seem to know alot about uk immigration.

All your help will be much welcomed

thanks

1. If its just an overstay, without any circumstance to significantly frustrate UK immigration law then, that wont affect your application as stated under paragraph 320 7C of the immigration rules. So it is just an ordinary overstay, did u leave on your own accord or removed or more?

2. Spouse visa take to be between 10days to 3months, as you have overstay, it will likely take 1-3mths before your application would be completed as UK embassy will likely defer you application to the Home office for background checks.

Finally that dont mean you shouldnt make your application water-tight, maintenance and accommodation requirements must be met, evidence of communication and marriage, and all other relevant documents.

Goodluck

why are u asking people on NL for advice when u claim u have the best lawyer,

I left on my own wish and was not removed.

Also I heard if u left on ur own accord after overstaying 4 one year or less then is a one yyr ban so does this affect me even though I have not made any application for 18mnths to re-enter the uk.

segzeybaba:

STANDARD BULLSHIT! read paragraph 320 7B and 7C before coming here to post false statements.
1. If its just an overstay, without any circumstance to significantly frustrate UK immigration law then, that wont affect your application as stated under paragraph 320 7C of the immigration rules. So it is just an ordinary overstay, did u leave on your own accord or removed or more?

2. Spouse visa take to be between 10days to 3months, as you have overstay, it will likely take 1-3mths before your application would be completed as UK embassy will likely defer you application to the Home office for background checks.

Finally that dont mean you shouldnt make your application water-tight, maintenance and accommodation requirements must be met, evidence of communication and marriage, and all other relevant documents.

Goodluck

I disagree with you. Overstaying your visa in a country is an offence and that country can deny you visa based on that. of course depends on circumstances and this OP said for 4 months which he or she did not mention if he was sick or the reason why s/he overstayed.
And you equally contradict yourself when you said "as he have overstay" Which means it may have effect on his application.
Also, the paragraph you are mentioning here, you failed to let us know which regulation or rules is that.
Therefore, s/he should prepare to answer questions as regard to his overstay. It does not necessarily mean s/he will get ban for this but s/he may not be issued visa for the next 2 years execpt he is prepared to satisfy the consular office that his or her overstay was unavoidable.
Goodluck!

juzme:

I disagree with you. Overstaying your visa in a country is an offence and that country can deny you visa based on that. of course depends on circumstances and this OP said for 4 months which he or she did not mention if he was sick or the reason why s/he overstayed.
And you equally contradict yourself when you said "as he have overstay" Which means it may have effect on his application.
Also, the paragraph you are mentioning here, you failed to let us know which regulation or rules is that.
Therefore, s/he should prepare to answer questions as regard to his overstay. It does not necessarily mean s/he will get ban for this but s/he may not be issued visa for the next 2 years execpt he is prepared to satisfy the consular office that his or her overstay was unavoidable.
Goodluck!

Overstaying in a country is an offence but as stated under the immigration rules, they cant refuse the OP if he/she is applying under certain categories. You can disagree, thats not my problem, try broaden your knowledge with the information below.

2 When must I refuse under paragraph 320?
Subject to paragraph 320(7C) (see RFL5.4), when you have evidence that an applicant has overstayed, breached a condition attached to their leave, was an illegal entrant or used deception in an entry clearance, leave to enter or remain application (whether successful or not).

RFL5.3 How long are applicants automatically refused for?
If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:
1 year if they left the UK voluntarily, whether or not at public expense;
5 years if they left UK voluntarily, at public expense;
10 years if they were removed or deported from the UK;
10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

RFL5.4 When does rule 320 (7B) not apply? Rule 320 (7C)
Under paragraph 320(7C) of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying in the following categories:
Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiancé(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relative (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:
the applicant has been accepted by UKBA as a victim of trafficking (see RFL 5.7)
the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008 (see RFL 5.6)
In addition you must not refuse an applicant under 320(7B) if:
false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;
the period specified for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach e.g. a student who has overstayed but was granted LTE following an out of time application.

If you take your time and read this you might understand better.

sources: http://www.ukvisas.gov.uk/en/ecg/refusals/immigrationoffender

gal90:

Also I heard if u left on your own accord after overstaying 4 one year or less then is a one yyr ban so does this affect me even though I have not made any application for 18mnths to re-enter the uk.

Yes thats if you are applying outside the concessions, e.g applying for a visit/study visa, then you are only liable to one year ban. But since you applying for spousal visa, you wont be ban or refused under 320 7B, since you have a solicitor, they must have tell you about paragraph 320 (11) which is use discretionary.

Goodluck

Thanks for all yours answers. Am asking all these question because I want as much opinons as possible even if I have a good lawyer.
please share your opinon and any personal experience.

Also the fact we have been married for almost  2yrs  help the application right?
segzeybaba thanks alot


Thanks all.