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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife aan overstayer from Jamaoica has just been refused

Resolved Question:

My wife aan overstayer from Jamaoica has just been refused leave to remain
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. What nationality are you
2. What visa was she most recently on
3. Why did the overstay occur?
4. What have you applied for that was rejected?
Kind regards.
Customer: replied 4 years ago.

I am UK - our child Gabriel is eleven months also UK.

She was on student ten years ago

She ran away from her father who was assaulting her sexually and he kept

her passport

She applied for the zambrano

Expert:  Thomas replied 4 years ago.
Did you instruct a solicitor to make the application for you?

Customer: replied 4 years ago.
No we did it ourself - they said we should have sent Gabriels passport which we could not get because home office had my passport so we could not get one.
Expert:  Thomas replied 4 years ago.
Was that the only reason for the rejection they gave?

Customer: replied 4 years ago.
It seemed to be yes
Expert:  Thomas replied 4 years ago.

Thanks for your reply.

In that case I would consider doing two things:-
1) Send a copy of the chlid’s birth certificate showing that she is the mother of the child and refer to your passports stating that the child is therefore entitled to British Citizenship under the British Nationality Act 1981 regardless of the fact that a passport has not actually been applied for. Ask the letter to be taken as your formal request for a reconsideration of the evidence on this basis. You may get lucky and they may simply grant the visa.
2) The alternative is to request that the documentation is returned to you, if it hasn’t already, then apply for/obtain the chlid’s passport and make a further application submitting the same documentation but with the chlid’s passport. This should be successful if this is the only ground that they have rejected it on.
The UKBA are generally most concerned about public funds and if you can show that you have enough income /capital assets so that you can support and accommodate yourselves without needing to access public funds then this will also help.

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I will answer your follow up questions you may have.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you

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