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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi there. I am a british citizen who married a girl from India

Resolved Question:

Hi there. I am a british citizen who married a girl from India 5 years ago. She came here on a visa but due to a complete breakdown in communication with my former solicitors, she is now an overstayer by 2 years. I have contacted an Immigration service but they seem to be dragging their feet on the matter.

My wife now works in the family business and had also completed upto Level 3 in ESOL courses through college. She is now about to start a new level in further eductaion. Could you advise please?
Submitted: 8 years ago.
Category: UK Immigration Law
Expert:  INC replied 8 years ago.



Have you now made a application for a new Visa?


Many thanks,

Customer: replied 8 years ago.
We are in the process of making an application through a company that deals with these matters, IVS. But i don't believe the actual application has yet been made.
Expert:  INC replied 8 years ago.



The first thing you need to do is make an application. It is unwise to speculate as to what will hap[pen until such time as a decision has been made by the Home Office.


I would suggest that you quote \Article 8 of teh Himan Rights Act 1988 which states that every one has teh Right to a Private and Family Life in the UK without intereference from the stae. You should further quote the case of "Beoku-Betts" which stated that the Home Office and the Courts should look at the effect on the wider family when considering Article 8 of the Human Rights Act 1998.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Kind regards,

Customer: replied 8 years ago.
Just one moe question please. Can i make an applicaation like this on my own or should I be looking at third parties to make it on my behalf?
Expert:  INC replied 8 years ago.



There is nothing stoping you make an application on your own, however, it is always best to instruct a Solicitor or Immigration Legal Advisor.


I hope this helps.

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