UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Thanks for your question.
You husband will have to make a further application for a new spouses visa, rather than make simple renewal unfortunately. He will have to apply by using Form SET(f) available from UK Home Office/UKBA website.
He will have to show:-
Generally, overstays of less than a month do not tend to prejudice subsequent applications. More than a month and your husband will have to demonstrate a persuasive reason why he overstayed.
If this was due to a family emergency as you appear to suggest then it is very important that he includes this in his application. He's got to explain clearly why is was necessary for him to overstay, was it for the welfare of his family, that there was no-one else who could help and he would not have overstayed unless it was absolutely essential. I really cannot stress enough how important it is to include in his application cast-iron reasons why he had no option but to overstay, you've really got to emphasise it because if they do refuse the application then it may be for this.
It would be best for a solicitor/immigration practitioner to prepare, or at least check, the application before it is made. Things can get complicated and messy on appeal if the application is incomplete or not well put together.
Remember this time that if he is granted a two year limited leave to remain and stays here as your husband for all of that time then he will be eligible to apply for indefinite leave to remain.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
I'll get to that in a minute, but can you please confirm your immigration status in this Country and how long you have been married to your husband?
Right. In that case, he will have to apply for a spouses visa using VAF4A, available for download here:-
All the above criteria that I listed above still applies, as does the paragraph about explaining his overstay.
He will have to make the application to the British High Commission in Narobi. He has to make the application but the best way forward is for you to prepare it here with the helps of an immigration solicitor and then send it to him in Kenya so that he can sign it and send it to the High Commission himself.
I hope this clarifies, if so please kindly click accept.
To check an application you have already made, about £300.00-£400.00 +VAT
To actually prepare the application for your husband, about £800-1,000.00 +VAT.
You can use the Law Society's solicitor search engine to find a solicitor, enter you postcode and select immigration law from the Area of Law drop down menu:-
If you have any language requirements you can use the More Search Options to specify the language, though your written english is much better than the average JustAnswer customer!
If this has clarified please kindly click accept. I will continue to answer any further questions you have.
Part 11 of Form VAF4A (refer to above to see how to download) lists the documents you required to be submitted as a minimum but you will probably need statements from both you and your husband about the reasons for his overstay. If others are also able to give statements then it would be useful for those people to provide statements as well.
Your statement would also describe your relationship, your marriage, the length of it, you cohabitation etc etc. You can back this up with your marriage certificate, proofs of address, bank accounts, your passports, previous visa application. All of this will help to build up a credible picture of your marriage and convince that it is a credible application that will be more likely to be successful.
The greater the amount of documentary evidence the credible the claim.
Please click accept so that I am rewarded for my time, I really will continue to answer your questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).