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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband visa(spouse visa) expired and we had family problem

Resolved Question:

My husband visa(spouse visa) expired and we had family problem and he went back to his country after overstaying for four months. Can he renew it where he is?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,


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:-

  1. That you are legally married (ie, marriage certificate)
  2. That you are present and settled in the UK
  3. That you intend to live together as man and wife
  4. That you have met each other before
  5. That you can support each other without the need to access public funds
  6. That you have suitable accommodation, which is owned or lived in only by you or your household, and where your dependents (if any) can live without help from any public funds
  7. That neither of you are under 21 years of age

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.


Kind regards,

 

 

Tom

Customer: replied 4 years ago.
Hi Tom,

Can this matter be resolved here in UK (meaning can I apply for my husband by myself or he has to do it by himself in Kenya)
Expert:  Thomas replied 4 years ago.

Hi,

 

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?

 

Thanks.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
I am British citizen and we have been married nearly six years
Expert:  Thomas replied 4 years ago.

Right. In that case, he will have to apply for a spouses visa using VAF4A, available for download here:-

http://www.ukvisas.gov.uk/en/howtoapply/vafs/

 

 

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.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
how much will it cost if I use solistor to help me with application
Expert:  Thomas replied 4 years ago.

Hi,

 

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:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

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.

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
what documents do I need with the application
Expert:  Thomas replied 4 years ago.

Hi,

 

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.

 

Kind regards,

 

Tom

 

 

Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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