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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my husband overstayed his visa as i was pregnant and was very

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my husband overstayed his visa as i was pregnant and was very ill, had some serious complications, he is now back home and is apply for settlement to be with me and our daughter. will he be refused because he overstayed or will they take his situation into account??
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

IN short, you've got to ask for your situation to be taken in to account.

 

It's likely that they will try and reject the application on the grounds of his overstay in the first instance. You have to pre-empt this by evidencing your circumstances and why it was necessary for him to overstay. You have to show that the circumstances were exceptional and therefore a willful overstay was the only option. If the UKBA find that there were exceptional circumstances then the application will be allowed.

 

Make sure you both make statements giving details of his visa, his overstay, a chronology of events leading up to and after his visa expired. If you can submit evidence to show your diagnosis or stay in hospital (eg. birth certificate, perhaps a statement from the doctor or hospital at which you stayed) and other corroborating evidence (eg. correspondence. State that he simply had not option but to overstay and care for you because he feared for the well-being of you and his upborn child.


If there were no other persons who could provide care for you then state this as well.

 

If there is a lag of time between when you recovered and when he actually left the country then you are going to have to explain this as well.

 

IN this case I would suggest getting an immigration solicitor to check your application before you submit it to see that you have adequately explained your circumstance, provided sufficient evidence and have not missed anything out.

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

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

 

If they reject the application then you should appeal - applicant's get a much better hearing of their case and supporting evidence on appeal.

 

If this has been 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.
Ok Thank you. we have a letter from my doctor stating my illness during pregnancy which we will submit, and my wage slips clearly stating that I was off sick from work. We also have our daughters birth certificate. Do think that will be ok, if he adds additional imformation stating why?
Expert:  Thomas replied 4 years ago.

It's not really for me to say - it's for the UKBA or an immigration tribunal upon appeal.

 

I don't have access to your application and supporting documents so my opinion is very much speculation. However, I suspect that you will be refused at the first instance and will be forced to appeal. On appeal I would say that you have a good chance of success though but I really would instruct a solicitor to represent you - it's very important.

I hope this clarifies. If so please click accept

 

Kind regards.

 

Tom

Thomas, Solicitor
Satisfied Customers: 6656
Experience: BA (Hons), PgDip, Practising Solicitor
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