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Thread: needs advise for overstaying apply for spousal visa

  1. #1
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    needs advise for overstaying apply for spousal visa

    hello i just wanted to know is any chances if somebody applying for spouse visa but she had overstayer in uk before.because my friend applying for spouse visa but she is overstay in london for 5 years she coming back in philippines last march 2008 and get married in april 2008 but she is still here and now applying for spouse visa.what chances she has thanks.


  2. #2
    Respected Member bornatbirth's Avatar
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    when she left did her passport get stamped or was anything done?

    if not then no one will know about her overstaying?


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    Isnt that recorded in computer bornabirth,when she left the UK ?


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by bornatbirth View Post
    ... if not then no one will know about her overstaying?
    Hmm, that possibility crossed MY mind too! And I suppose it's relatively easy to "disappear without trace" for a while in a city the size of London. But nonetheless, I'm baffled as to how someone who's overstayed for such a lengthy period of time could possibly evade the scrutiny of the immigration authorities on returning to her home country.


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by Mrs.JMajor View Post
    Isnt that recorded in computer bornabirth,when she left the UK ?
    I'd have thought so!


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    Respected Member katie37pinayuk's Avatar
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    in the past (about just 3 yrs ago), when leaving UK, passport is not stamped with your exit nor scanned in the computer. but upon entry to Philippines, it is stamped...however - if you know people in the immigration, that is another story. with tightened rules nowadays thought, everything is scanned and computerised.


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by Arthur Little View Post
    Hmm, that possibility crossed MY mind too! And I suppose it's relatively easy to "disappear without trace" for a while in a city the size of London. But nonetheless, I'm baffled as to how someone who's overstayed for such a lengthy period of time could possibly evade the scrutiny of the immigration authorities on returning to her home country.
    Having said that, may I take the opportunity of welcoming you to the forum, Maricel. Good luck to your now-married friend; however, given her past "misdemeanour", she could find herself in a rather tricky situation in applying for a spouse visa. Therefore, I would be ill-advised in even attempting to speculate here. Sorry!


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    thanks for the reply!her passport is clean and no stamp when she left london,


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    Administrator KeithD's Avatar
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    Quote Originally Posted by Mrs.JMajor View Post
    Isnt that recorded in computer bornabirth,when she left the UK ?
    Yes if we had an immigration system, but as we don't you can come & go as you please
    Keith - Administrator


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    Because when people invistigate to the corrupt politician in PI,they know when they exit and they know when came in eh!


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    Respected Member Tawi2's Avatar
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    This happened to a lady I know from North London,she came here several years ago with her employer,did a runner and lived as a TNT till she met a guy who married her,they went to pinas(where she was already married with kids)then when they tried to get back into UK she was denied,she is back in London now though after an appeal etc,I dont know what happened to the pinoy hubbie or the children however


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    well the new immigration law in london now as far as i know if you are overstaying in london you must to go back to your country voluntarily in your expenses, then they give a ban for one year and you can come back to london again but it depends


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    Moderator joebloggs's Avatar
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    there is no automatic mandatory ban for spouses,doesn't mean you would not face a ban, just means it's not automatic unlike some other visa types.

    i take it your passport was stamped by immigration when you landed back in Manila ?


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    ECO will or might refused your application because of your previous immigration history. Consider yourself lucky if you will get a visa straight away. They don't care , even there is family involved. They are ruthless. But if you are refused visa, you will be given right of appeal. But expect to be away for a year. Because the time of waiting for the submission of appeal and hearing will take ages. MOre or less 6 months to 9 months. It may take more months of wait because Manila process the application of three other countries HK Japan and ??? (can't remember ). So could you imagine how many applications British Embassy has to deal with???



    Quote Originally Posted by maricel28 View Post
    hello i just wanted to know is any chances if somebody applying for spouse visa but she had overstayer in uk before.because my friend applying for spouse visa but she is overstay in london for 5 years she coming back in philippines last march 2008 and get married in april 2008 but she is still here and now applying for spouse visa.what chances she has thanks.


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    By the way you must be HONEST in your application because if they find out you will put yourself in more difficult situation. No matter what don't HIDE anything in your application.

    Quote Originally Posted by blessedlady89 View Post
    ECO will or might refused your application because of your previous immigration history. Consider yourself lucky if you will get a visa straight away. They don't care , even there is family involved. They are ruthless. But if you are refused visa, you will be given right of appeal. But expect to be away for a year. Because the time of waiting for the submission of appeal and hearing will take ages. MOre or less 6 months to 9 months. It may take more months of wait because Manila process the application of three other countries HK Japan and ??? (can't remember ). So could you imagine how many applications British Embassy has to deal with???


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    Respected Member LadyJ's Avatar
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    Quote Originally Posted by maricel28 View Post
    hello i just wanted to know is any chances if somebody applying for spouse visa but she had overstayer in uk before.because my friend applying for spouse visa but she is overstay in london for 5 years she coming back in philippines last march 2008 and get married in april 2008 but she is still here and now applying for spouse visa.what chances she has thanks.

    Ask your friend to spend time reading info here in the forum as we have had lots of members who have asked the same question before. ALso tell her to visit the official immigration websites ie. Home Office and British Embassy in Phils.




    Quote Originally Posted by bornatbirth View Post
    when she left did her passport get stamped or was anything done?
    if not then no one will know about her overstaying?
    Quote Originally Posted by Mrs.JMajor View Post
    Isnt that recorded in computer bornabirth,when she left the UK ?
    Quote Originally Posted by maricel28 View Post
    thanks for the reply!her passport is clean and no stamp when she left london,
    When leaving UK immigration usually has no stamp, but when landed in Phils they'll get one.

    WHen applying a visa to UK ,the BritEMb REQUIRED you to show them any of your old/previous passports specially those stamps/visa you applied to any country before.

    They will also have record of your previous application to the UK, so even though you tell them that you cant show your old passport for some reason (ie.lost passport or overstayed your visa and doesn't want it to show to the BritEmb) they will still know your history.

    So my advice is never lie to the BritEmb, always tell the truth whatever you did with your previous visa. BritEmb are not stupid.

    If you would like to have a success application, provide all the supporting documents they required and must show that THIS TIME you're a genuine applicant.


    Not an expert, I only try to help.


  17. #17
    Respected Member LadyJ's Avatar
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    I also want to add the ECO will always based on how good your supporting documents and how good you can demonstrate your intention of applying a right visa for you.
    Not an expert, I only try to help.


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    Talking

    Quote Originally Posted by Win2Win View Post
    Yes if we had an immigration system, but as we don't you can come & go as you please

    that only applies if you are not british


    if you miss a court apperance and you are british you get arrested as soon as you walk off the plane


  19. #19
    Respected Member beppe's Avatar
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    Before you go any further, it would be wise to consult an immigration lawyer.


  20. #20
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    thank good finally got visa

    hello everyone in this forum,first of all i would like to thanks the almighty good who give me this wonderful gift.2nd to people in forum who always there to give advise.
    finally i got a visa after 11weeks of waiting i cant believe but i handle now my passport with visa.after nearly 3month of worrying in my case i know it very difficult to have visa thanks also to the ECO who handle my application. my tears is falling when i saw my passport.


  21. #21
    Respected Member Tawi2's Avatar
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    I thought it was your "Friend" who was the overstayer I wonder why they gave you a visa instead of her



    Sometimes you're flush and sometimes you're bust, and when you're up, it's never as good as it seems, and when you're down, you never think you'll be up again. But life goes on.
    The beauty of a woman is not in the clothes she wears, the figure that she carries, or the way she combs her hair. The beauty of a woman is seen in her eyes, because that is the doorway to her heart, the place where love resides. True beauty in a woman is reflected in her soul. It's the passion that she shows to the outside world.


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    Respected Member LEAHnew's Avatar
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    Quote Originally Posted by maricel28 View Post
    hello everyone in this forum,first of all i would like to thanks the almighty good who give me this wonderful gift.2nd to people in forum who always there to give advise.
    finally i got a visa after 11weeks of waiting i cant believe but i handle now my passport with visa.after nearly 3month of worrying in my case i know it very difficult to have visa thanks also to the ECO who handle my application. my tears is falling when i saw my passport.
    Congratulation Maricel I understand you predicament and referred it as YOUR FRIEND

    Quote Originally Posted by Tawi2 View Post
    I thought it was your "Friend" who was the overstayer I wonder why they gave you a visa instead of her
    the author maybe confused
    Don't make promises when you are in JOY. Don't reply when you are SAD.
    Don't take decisions when you are ANGRY. Think twice, Act wise. BE happy.


  23. #23
    Respected Member Tawi2's Avatar
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    Confused I dont know about her but I certainly am You mean its like Norman Bates and his "mother"Her friend was the overstayer but they gave her the visa because the friend has Multiple Personality Syndromeand pretends to be her through dissasociative personality disorder and really the visa was meant for the brother as the aunt was the overstayer



    Sometimes you're flush and sometimes you're bust, and when you're up, it's never as good as it seems, and when you're down, you never think you'll be up again. But life goes on.
    The beauty of a woman is not in the clothes she wears, the figure that she carries, or the way she combs her hair. The beauty of a woman is seen in her eyes, because that is the doorway to her heart, the place where love resides. True beauty in a woman is reflected in her soul. It's the passion that she shows to the outside world.


  24. #24
    Respected Member IainBusby's Avatar
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    Quote Originally Posted by maricel28 View Post
    hello everyone in this forum,first of all i would like to thanks the almighty good who give me this wonderful gift.2nd to people in forum who always there to give advise.
    finally i got a visa after 11weeks of waiting i cant believe but i handle now my passport with visa.after nearly 3month of worrying in my case i know it very difficult to have visa thanks also to the ECO who handle my application. my tears is falling when i saw my passport.
    Congratulation to you..... and to your friend!


  25. #25
    Respected Member LEAHnew's Avatar
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    Quote Originally Posted by Tawi2 View Post
    Confused I dont know about her but I certainly am You mean its like Norman Bates and his "mother"Her friend was the overstayer but they gave her the visa because the friend has Multiple Personality Syndromeand pretends to be her through dissasociative personality disorder and really the visa was meant for the brother as the aunt was the overstayer
    that's really confusing then
    Don't make promises when you are in JOY. Don't reply when you are SAD.
    Don't take decisions when you are ANGRY. Think twice, Act wise. BE happy.


  26. #26
    Respected Member Tawi2's Avatar
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    Glad we got the story sorted out then,I was quite confused for a minute,and my "Friend" who is sitting in the same chair as me was also



    Sometimes you're flush and sometimes you're bust, and when you're up, it's never as good as it seems, and when you're down, you never think you'll be up again. But life goes on.
    The beauty of a woman is not in the clothes she wears, the figure that she carries, or the way she combs her hair. The beauty of a woman is seen in her eyes, because that is the doorway to her heart, the place where love resides. True beauty in a woman is reflected in her soul. It's the passion that she shows to the outside world.


  27. #27
    Respected Member LadyJ's Avatar
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    Quote Originally Posted by maricel28 View Post
    hello everyone in this forum,first of all i would like to thanks the almighty good who give me this wonderful gift.2nd to people in forum who always there to give advise.
    finally i got a visa after 11weeks of waiting i cant believe but i handle now my passport with visa.after nearly 3month of worrying in my case i know it very difficult to have visa thanks also to the ECO who handle my application. my tears is falling when i saw my passport.
    Hi Maricel Well done!!

    Start packing now and get ready for winter!
    Not an expert, I only try to help.


  28. #28
    Respected Member bornatbirth's Avatar
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    Quote Originally Posted by Tawi2 View Post
    Glad we got the story sorted out then,I was quite confused for a minute,and my "Friend" who is sitting in the same chair as me was also
    is that guy in the mirror you?


    Quote Originally Posted by IainBusby View Post
    Congratulation to you..... and to your friend!
    yeah,congrats to the both of you!

    the great british border control
    i have learnt to do what my wife says!


  29. #29
    Respected Member sunshine's Avatar
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    Quote Originally Posted by maricel28 View Post
    hello everyone in this forum,first of all i would like to thanks the almighty good who give me this wonderful gift.2nd to people in forum who always there to give advise.
    finally i got a visa after 11weeks of waiting i cant believe but i handle now my passport with visa.after nearly 3month of worrying in my case i know it very difficult to have visa thanks also to the ECO who handle my application. my tears is falling when i saw my passport.
    Congratulations Maricel! Well done

    Just curios thou, did you put in your application that you overstayed in london before?

    I am in my 18th weeks of waiting
    Warren and Winnie


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    sorry for all all here in forum who confused and i know i didnt honest to all of you in the first ,yes sunshine i pass my aplication last june 16 and i put everything the in my appliacation that im overstayer .you just wait and soon you have a visa too good luck.


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