hi,am an overstayer for last two years,been in uk since 2002 as a student, got married at back home she came as a student in 2007,got igs from cambridge college. later got approval hsmp sent documents for stamping and i applied as a dependent with her.got refusal bcz her last stay is from cambridge college not genuine.we got baby 4 yrs old,got business for last years. is there any hope to get legal status
Hi thank you for your question. Please remember to rate my answer 3 STARS OR ABOVE so that I am credited for my time.
Please clarify the following:
What application did you apply for which was refused?
What visa is your wife currently on and when does it expire?
Why was her letter from the Cambridge not genuine?
i got valid student visa until 2009,i applied as a dependent with my wife refused.and then i applied as a student again refused bcz college closed not scored enough points.
Thank you from your rely.
Just to confirm, are both you and your wife overstayers in the UK since 2009?
in 2009 our visa expired,but final refused letter received on 2010,july
Thank you for your reply.
As neither you or your wife or child have any valid leave to remain in the UK, it will be very difficult to legalise your current status.
However, if you believe that you have build sufficient private life in the UK as an individual or as a family then you may submit an application outside of the immigration rules on a discretionary basis. Using form flr (o) the following form:
Any application submitted on the above basis must be done before 9th July 2012 as after this date any application submitted outside of the rules on a discretionary basis on Human Rights grounds is likely to be refused or dealt with very strictly.
Being mindful if the above, I must inform you that as overstayers you are breaching the immigration rules and thus committing a criminal offence by overstayer, you should if return to our home country and submit an application for entry clearance if you feel you do not have any grounds to submit an application on discretionary/human rights basis.
I hope this answers your question, if so please leave positive feedback so I can get credited for my time.
if we apply before 09/07/12, do you think is there any chance,if we dont get what abt business or if we stay some more time and applying is better do u suggest
Yes applying before 9th July would give you better chance of success than after that date. You should include all the evidence of your business etc in the UK so show that you do have strong connections with the UK and as you have been in the uk since 2002 it would be very difficult for you to return back home and start a new life.
Any evidence of friends etc pictures should also be submitted with your application.
If you stay longer than 9th July the only way you will be able to obtain indefinite leave to remain will be after residing in the UK for 20 years. Therefore I suggest you submit your application as soon as possible before 9 July.
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I am a qualified solicitor and an expert in UK law
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